The New York herald., 1876-12-07
Democratic House in South Carolina
Has Legal Quorum.
LOUISIANA COMMITTEES REPORT.
Florda's Returning Board Completing the
Award Of the State 10 the Republicans.
PROTEST OF THE ATTORNEY GENERAL.
SOUTH CAROLINA.

TUTIoNAL QUORUM THE SUPREME COURT
GIVEN TO SPEAKER MISREPRESENTATION
FOR cHAMBERLAINs INAUGURATION.
[BY TELEGRAPH TO THE HERALD.
COLUMBIA, Dec. o, 1876
To-day has been cventful in the annals OF South
Carolina The democrats have been singularly fortu-
nate and triumphant at every point and in every pro-
seeding they undertook Their luck commenced by
The accession or the sixty third member hold
ing the certificate OF the Secretary OF State
under tho authority OF tho Board OF
State Canvassers. which gives them constitutional
quorum exclusive Of tho two delegations from Edge
Bed aud Laurcns counties This entities them to the
recognition Of the United States government If report
speaks the truth in regard to the views Of President
Grant on tho subject. The most important matter,
and which. to them, is Of vital interest, we're the
proceedings In the Supreme Court to-day,
where opinions delivered by the Chief
Justice and Associate Justices in the man.
damus case OF Wallace, democratic Speaker,
against Hayne Secretary ofstatc and E. W. NJ Mackey
Speaker OF the Bayonet House, to compsl them de-
liver TO Wallace Speaker the election returns for
Governor and Lieutenant Governor The issue brought
up squarey the Legality OF the respective houses and
was watched with great interest.
DECISION
The Chief Justice said that they had listened to
argument upon the question OF tho jurisdiction
pf the Court out OF respect TO the counsel from
sbroad who had desired to argue it, but the very
matters drawn into discussion had been argued
and decided by the Court in which had arisen
lome time ago and which reported in the pub
hshed decisions of the Court and that they saw no
reason change the result then announced that
argument had been pushed upon them that under the
constitution the Executive, Legislative and Judicial
departments distinct and that neither could
Interfere with the duties of the other; that the
Court conceded this legal proposition In Its fullest
extent that the judiciary could not assume to dis
charge duties which devolved by law upon either OF
tho others anu tnis court iao no claim 20 any such
power but that the cases were innumerabe IN this
and In every State Of the Union where the judiciary
had exercised jurisdiction to compel executive officers
10 discharge duties which the law required them
perform and which did not involve the exercise OF
discretion the part OF the executive officers; that
without this power the right Of the citizen
would be regulated not by law, but by tho
will of the executive officer. Take the
ordinary instance Of money appropriated to indi
vidual by the legislature and the Treasurer
directed to pay and refuses Where is the remedy
but in the judiciary? That the question TO what
constituted a quorum distinctly Lard down in the
constitution, majority of the whole number; the
whole number fixed by the constitution was 124 and
sixty three necessary to legal quorum for the
organization Of the House; that tho point had been
expressly decided IN the case OF Norton Bliss Co. vs.
the Comptroller General Richardson New series; that
The House, OF which Mr.. Wallace was CHOSEN Speaker,
was composed OF sixty nve membcrs that it appeared
that all OF the members except eight had the certin
Gates of the Secretary OF state and that these eight
bad certificates under the judgment OF the Court;
that the Board OF State Canvassers had cerl
fed return to this Court, stating the name OF any
candidate in any county and tho votes for such
candidate and thus showing the candidates VINO had
received the number OF votes that the Court
had then required the Board to perform their minis
terai duty certifying the person who had the
greatest number of votes and thus TO cnttle Ihe per-
son SO receiving to access to the noor and prtmd
fdcie right participate the organization OF the
House, that to avoid The performance OF this duty
der the laws and under tho order OF this Court the
Board had adjourned sane de that the law could not
thus be evaded the counties OF Edgefold aud
Laurens thus deprived OF their right TO representation
on the noor.
THE DUTY or CITIZENS
The Court then admonished the citizens OF their
duty. in this period OF political excitement to
yield their individual opinions to the law and to the
judgment OF those upon whom the constitution had
dcvoived the duty and responsibility OF construng tho
law.
The Court then passed order adjudgng Mr..
Wallace to be the legal Speaker OF the legally const
tued House of Representatives and rcservng for fur
ther argument the question whether q mandamus
could now issue 10 the secretary Of State, he having
already delivered the returns 10 Mr.. Mackay. After
hearing the argument the mandamus as to Mackay WAS
dismissed the ground that he was private citizen
and not Speaker, and therefore mondamus could not
be issued.
The quo arurrdnto proceedings by the democratic
electors against the republican electors taken up
General Connor and Mayor Barker ior the democratic
electors, we're ready to proceed. but Mir. Corbyn,
United States District Attorney, counsel Tor respond
ents, asked Tor further time, and the Court granted
postponement until Tomorrow.
The AacKey House was called to order this morning
At twelve O'Clock All persons except reporters mem
bcrs and favored few carefully excluded by
Cbamberain's constabuary from only the hall but
from the State House itself. Alter swearing in
colored man from Abbcville county the House pro-
ceeded to business The only thing Of any Importance
done was to pass the bill allowing the Governor and
Lieutenant Governor TO be sworn IN before any officer
qualified to administer oath TO It's third reading
and engrossment Another motion was introduced
by Glostcr Holland, negro from Akin county, who
has become somewhat notorious. looking appro-
pration Tor the relief OF widows and orphans OF the
men killed at Hamburg, Ellenon and Rouscs Bridge.
Holland stated that he desired the bill 10 be passed
soon possible, WIDOWS and other witnesses
~ present in the city, and the committee could inves-
tigate their claims and settle them immediately lie
stated that there we're 225 widows The men Killed nj
Ellcnton and Hamburg fifteen. They left, there
fore, average of fifteen widows to each man.
Reed called up the bill providing for future orgnnza
Sion OF the legislature This bill provides that In
future the electors list shall be up The lis
OF those holding the Secretary OF States certificates
rHE SENATE.
The Senate also twelve O'Clock Tho only
business OF importance transacted by IL ordering
lhe DILL regarding the person before whom the
Srnor and Lieutenant Governor shah be 10
be passed 10 its third reading ana engrossment and
resolution proceed tho election OF United States
Senator on Tuesday next
rms xLkcroRAL coLLKox
The republican Electoral College met at twelve NJ
10 q room at the State House The meeting was
strictly private No outsiders were admitted and up
20 the time OF the meeting the place where II
take place was kept profound secret The session
lasted hours and over, and II Is stated that quite
yey discussion took place tho nature OF which has
not traDspircd.
rHs OF sourn HAYES
The seven votes OF the state were cast Tor Ruthcr
ford Hayes for President and for William A. Wheeler
for Wee President OF the United states.
q. G. Bowen, OF Charleston as Chairman, appointed
messenger carry the OF the State to Washing
ton.
DEMOCRATIC yIxcroRs
The electors voted tho democratic ticket the
fth OF November ana who claim that they elected,
also held meeting al twelve u. at the democratic
State headquarters
The session was long one, and they cast the
votcs OF the state for ffldcn Hendricks rrcsi-
dent and Vice President OF the United Statcs Accom-
panyng their vote. when u IL forwarded, VIII he long
and l0rrIblc statement OF tho circumstances connected
with The counting of the BY the State Board oi
CaEyassers substantially as already published IN the