New-York tribune., 1876-12-30
~71vru CoNGRESS-2D SESSION
p REPORT OF PROCEEDINGS.

.,roN OF SENATOR CoNAiiN" VAIN A
-ov,s MEMORIAL TO THE HEsENAFE-Ffi'AIA BILLS
IN TIE HOUSE. ., ~. oo ,e,e
The Senate met at noon' aoou' 20 oen"'oiS
.eing in attendance ,,soS Dan lava, q, was or
oh no". roessage Of the President containing the
deFeu 'na tSo Sioux Commission be taken from the
rpvis S referred to the Committee on Indian Affairs
'aD0 ,,on of tho same Senator 1t was ordered that
W ,Ss senate adjourned to-day it should be to meet
Tuesday essEcHsIL HE'LL ep oregOn presented the resOlu
ton the oregon Of the Indian title 10 the
law ST STssTSation T in that State Referred 70 the Com
utee 9Hasnds On l3dlIe Rsp. KanJ Submitted resolution
tne the Secretary of the Interior to report to tho
= Kspsss the LoavenwOrth, Lawrence and Galyeston
RaiISay Company or the Missouri kansas ana Texas s
~ February 1874 and If the information Is not IN
his Office to call upon the railway eompanes tor me Inc
d old date Of sale, name OF purchaser consideration
pe Sg laid before the Senate the following telc
graphic dispatch' Cuc,oo IN Dso 90 1919
"a. Nan r W. FERRY President Of Senate Washington, c.
in time 70 & act n on n the ScS
on serving ask thatyou appoint some one 70 act IN my
PSe objection being made, MI Logan excused and
,ss (bair was authorized TO h the vacancy.
Mr. Coukling OF New-YOrk was then appointed In his
P'"' MEMORIAL FROM SOUTH CAROLINA.
Mr. Gordon OF Georgia presented the following
memorial Of Wade Hampton, wm d. Simpson, Vim.
wallace. and Gs Senators and Representatives. in the
General Assembly OF South Carolina:
20 ns Honorable the Senate aud the House Of Representa-
frrs Of e Congress Of e United States Of AmeieG The
0 OF the state OF South Carolina
of House OF Representatives. and OF the undersigned
sssDcctfy Shove h to your honorable bodies that, at
general election held in the said state on the IN OF
aforesaid which they now respectively hold that under
the Constitution aud laws Of this state the votes are
counted publicly, immediately upon the closing OF the
polls by the precinct managers, who then and there
make OF the result forward the same 70 ,aC Tue
nents maize t5sso 'he aonS with the
Srecinct managers returns the poll lists, and all
papers appeaining TO the election. 10 the Board OF
setsrmnations declaring duly elected the persons who
have received the greatest number Of votes whereupOn
nshed to such persons This is applicable to al elec-
tons except those for Governor aud m & r
epeeye counties and transmitted to the secretary on
State who is to deliver them 70 t9e spTs9ff s4 O1 eps o
ing session OF the General Assembly anu
as the General Assembly shah have organized by the
election the presiding officers OF the two houses tne
both houses and person having the highest number
Of votes shall be Governor The Board OF stsIe Can
under protest or contest that may arise whom the
power to do does not by the Constitution reside IA
some other body BY the Constitution this power as 10
electors for Governor and ACKNOWLEDGEMENTS resides
in the General Assembly aud as TO electors Tor
Of the General Assembly resides IN the respective
% members Of the Board of State Canvassers who sat
in the matter Of the election held on the 7h OF
nltimo were H. L. Hayne, Chairman OF the Board ana
ssG5e'dGS Ie G5nfro S H. W. Purvs Adjutan and
inspector General ANA VIM. H. Stone. Attorney General
Teseetion Notwithstanding the provisions OF
tie Constitution making each house the 3nage 3a
tiOns of its members, and the iaet tna'
three the members OF the board wero candidates Io re
nd hp
the board determined 20 consider the returns OF tne eec
on of members OF the General Assembly ID ~
with protests and contests. and tbat the secretary VI
State the State Treasurer and COnroler-Gehera nao
the right 10 hear and determine all questions coming
before them regard to the election OF these three
officers except tb&t one OF said officers SHOULD NOIe
upon his own election. such being, the uttrI
minafion of the board, ayowed and made OF record
and the Constitution inibtng persons exercising lhe
functions Of the Executive Department land the mem
her OF tho board members of and exercising the
functions Of the Executive Department. from assuming
OF discnargng the duties OF the judicial DepaftmehI
necessarily exercised and involved In deciding cases
ofprotests and contests, r Sims ana certain no o'TI %
prene Court of the state in the exercise Of It's 0rglna
iuisdction On Nov a. 1876, for writ OF prohibition 10
restrain the board from exercising any Jddlclai uv %
tons in regard 10 the protests ana contests anu
from doing anything else than ascertaining RON the
managers returns and the statements forwarded by the
Boards Of County Canvassers the persons VINO had re
ceived the greatest number or votes declaring ana er
tying the same TO the secretary OF ptat anu i o U @
writ of mandamus 10 compel said board 10 MAKE sun
ascertanment, declaration, and certificate Inlnedaie
Y upOn notice being given that these wrs would he
prayed for, the board ayOwed, published ana %lade
se9on 9 6tI Ihth as tno detegni0pd by Tie supreme
Court The court in each Of these proceedings granted
rule to show why these wrlts should not issue
and continued in tie presence OF the oeaTu ana % ' r
hibtion order restraining the board from doing
anything sought by the proceedings be prohibited
until the determination Of the proceedings Under an
order Of tho court in these proceedings the board cet
fed court what persons had received the greatest
number of votes at said election for all the Offices except
Governor and LeuenantGO Including one senator
and five Representatives. from the County OF Edgeheld
and one Senator aud three Representatives from the
County Of Laurens, and subsequently on the I'D Of
November made by the court In the presence
Of Of the board and ITS counsel for writ Of man
damus TO issue TO the board ieaarng tne & 10 perform err ,
board have received the greatest number OF votes for
members OF the General Assembly the duties enJoned by
statute naming them specifically, and requiring re-
turn forthwith said court Of the execution OF
same day on all the members of tine board
except that who had been present In she court when
the order granted and upon him II was served on
the following day. No return attempt at return Of the
execution Of the writ having been made by The said
gracious delay the part Of the court the board not
the ana sye1 or dRs
in their disobedepce Of the mandate OF the court and
canyassng the returns the election excluding the two
counties OF Edgeeid Laurens where the ticket upon
which the members of said board were running for Office
largely defeated when there Is no he or letter OF W
either constitutional statute, which cOncrs upon said
board the shadow Of authority to 50 exclude county
the of the returns or the statement OF the
hnal result each member Of the Dosrd was aulodged
the ja Of Riehiand County, until released by order
OF the Supreme Court ., >,,
Bond OF the Circuit OF the United States for the District
OF South Carolina had the members OF the board
brCu0ht before him writ OF haDeas cor
pus; taken from the custody OF the sherln Of
RlebleDd County, and on the LIST OF December nled
his deeson setting them at liberty ana your memorial
lists subn that this action OF Judge Bond was without
Jurisdiction Illegal uRwarranted and suoyeIsye not
only OF an established principles OF law on the subject;
OF every decision made by the Supreme Court or the
United states regard TO such cases. OF all the boundary
lines 10 Jurisdiction OF the courts, state anu Federal;
Ofeyery legal constitutional doctrine RS TO the partition
OF powr between the governments state ana Federal
bat was gross wanOh outrage upon the oiae OF south