The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-11-14

more shall de equal and highest In votes,
the General Assembly shall during the
same session, in the House OF Representa-
stiyes, choose one OF them Governor uspa
roce. Contested elections for Governor
shall be determined bg the General dsseTloty
IN such manner as shall be prescribed oy
lGtc.', " SIS
Articles WI, Section 10, declares: g In 2.
all elections held by the people under tnis
Constitution, the person or persons WHO
shall receive the highest number OF votes
shall be declared elected.
Chapter VIII, Section Is, Revised Sta
tutes, provides: g That in case OF a con1est
of the election of Governor, (f the General
Assembly, by concurrent resolution, shall
entertain the same the Senate and House
of Representatives shall, each separately,
proceed to hear and determine the facts IN
the case, so for MS they deem necessary,
and decide thereon who, according to the
tenth Section OF Article Will, OF the Con-
stltution, Is declared to be elected. II
the two branches OF the General Assembly
come to the same decision, they shall, by
concurrent resolution, declare who Is duly
elected and entitled to enter upon and
exercise the Office of Governor; and such
person! thereupon shall, upon taking the
oath prescribed in the Constitution, be
indicted into office. II the two branches
of the General Assembly do not come to
the same decision, then q general electlon
shall be called by the Governor" ARTICLE
Ill, section 2, OF the Constitution provides
that a qualified Governor shall hold his office
for two years, @and until his successor shall
be chosen and qualified, ~ "to take place IN
not less than sixty nor more than ninety
days, at which the qualified electors shall
proceed to vote for suitable person to I'LL
the Office of Governor"
CHARTER VIII, Section &c, Revised Sta.-
utes, in defining the duties OF the Board OF
State Canyassers, declares "they shall nave
power, and it is made their duty, to decide
all cases under protest or contest that may
arise, ,ohen the p0,oer so to do does not oy the
Constitution reside in some other body"
The Constitution and Revised Statutes Of
South Carolina are those adopted by the
Republican party, and are the tests now to
be applied to the elections. According to
such tests the following results ensue:
/. The1election returns for members OF
the General Assembly shall be judged by
each house. With such returns the cam
vassers have nothing to do except to report
the number OF votes cast. II fraud has
been committed each house shall decide that
matter for itself.
3, The election returns for Governor are
to be Judged by the General Assembly. LIST.
By the Speaker of the House Of Representa-
tiyes opening the returns scaled up by the
managers Of elections in their respective
counties, and publishing the same in the
presence of both houses. I'd. In case OF a
contested election for such Office, (if the
General Assembly by concurrent resolution
entertain the sane,) each House shall pro-
coed, separately, to hear and determine the
facts and decide thereon. And here again
the canvassers have no work to do except
to report the number Of votes cast. Ii fraud
has been committed the General Assembly
alone can hear and determine the facts and
decide thereon ,@'.
In both OF these cases the canvassers are,
by the language of the Revised Statutes, eX :
pressly prohibited from deciding in case Of
protest or contest, since the power to do SO
resides in some other body by the express
language OF the Constitution. .
The duties of canvassers, and what they
can do, will be considered hereafter.