The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-05-04

>eVy yuteCIth Ot April, 1876. The Etgh-
teeuih District was composed of the coun-
ties Of Galveston and Brazoria.
Fne County Court OF Brsznria county di-
viced that county into four Justices and
commissioners precincts AMI established
one voting place in each. one at Brazoria,
one at Columbia. Que at Hart's store, and
one al S4ndS Point. There,ofore for very
many Years there had been voting places at
Liverpool, al Qnisman and at Churchilrs
Ferry; that probably fifIy voters live in
the neighborhood of Liverpool and reside
On an average fifteen miles from S INDY
Point, the nearest voting place, there being
between 400 and 500 voters in the precinct
em mbraciug these points That Qditman is
about ten miles from H4rts store; that the
contestant had majority of the votes cast
at Hart's store.
About twelve DAYS before the election the
County Court of Brnzuria county was petit
Toned by the electors residing at and near
Quitman, Velasco, Liverpool and Clucch-
hills, 10 establish these places as voting
places, which the court refused TO do. That
the places last mentioned had existed as
voting places since the days of the Repub-
lie, with the exception of such time as by
law the voting was confined 10 the court
house, until the time when the county court
We agree that the above are facts ad-
mirted
fSiguedl A. P. Mccormick,
Signed @. l.. CLEVELAND.
The return of the election ell braced the
following statement: 7ae
Returns of the election held or the fif-
teenth day of February, A. ID. 1876, in the
counties of Galveston, BraZoria and Mata-
gorda, for Senslor of the Nineteenth Sena-
torial District of the State of Texas;
Charles l.. Cleveland received in Galveston Co 9 Ssg
Charles L. Cleveland received In Draz Iria Co.. s5I
Charles l. cleveland received in Matagorda Co..
a,95O
A. P McC ormick received in Galveston Co. 7lI7
A. Il. Me- ormiok received IN Br Co. l27
A. p. Mccormick received in Matago-ds 90. AZ,
s,7n
Nlsjori;y for A. p. Mccormick. III vo;eS.
] hereby certify that the foregoing is a
true copy of 1he official returns of the elec-
ton named therein, as made to me, the un-
dersigned returning officer of the district
named
Given under my hand and the seal of the
County Court OF Galveston. 1tf
lSignedl K. D. JOHNSON.
Presiding Justice of Galveston Co.
The contestant states his case In the statu-
tory notice required as follows:
To Hon. a. p. Mccormick:
The undersigned respectfully notifies you
that he will contest the validity of your
election to the office of Senator from the
Nineteenth Senatorial District of the State
of Texas to the Fifteenth Legislature, to
which you claim seat by virtue of an elec-
ton held on the fifteenth day of February,
1876, under an ordinance passed by the late
Constitutional Convention for this State,
and as holding certificate of election to the
said office of Senator. ..s
Your right TO a seat in the said Legisla-
ture is denied. and the undersigned con-
tests your election, and relies on the follow
ing grounds to sustain such contest, to-wit.
FRS. st the time vi the election afore-
said, and before and since, you were judge
of the Eighteenth Judicial District Of the
State of Texas, in the full possession and
exercise of the functions of that office,
and by reason thereof ineligible, incapable
of being elected TO the office of Senator
aforesaid, of which the electors had notice.
Second. That the undersigned received
at the election aforesaid for the office of
Senator, to which he was and is eligible,
IN the N1neteenlh District aforesaid, two
Thousand nine hundred and, fifty votes, be-
ing the next highest number of votes cast
at said election for any candidate, by res-
son whereof, and of your lneligibility, the
undersi gned was duly elected to the office
of Senator for the said Nineteenth Senate
rial District to the Fifteenth Legislature Of
the SrLtc of Texas ard entitled to his seat
therein. "
Third. That the County Court of Bra
zoIia county, previous to the election afore-
said, acting under authority Of an ordinance
submitting the new Constitution to a vote
of the people and for other purposes, passed
- N 4. i j
the satd county into precincts anu estab-
lished only fur voting places in sa'd coun-
ty, to-wit: at BrszOria, at Sandy Point, at
Columbia, at Hart's store, and did abol-
ish, against the wish and protest of the
electors thereof. the voting places, to-wit:
of Liverpool, Velasco and Quitman, where
elections had always before and since the
earliest organization of the government of
the Republic Of Texas had been held con-
tiDuously till the abolishment of said voting
places by said county court a short time be-
fore the recent election. That the distance
from Liverpool to Sandy Point, the nearest
voting place, is about twenty-five miles
that the distance from Velasco and Quit
man 70 the nearest voting place, Harris
store, is about twelve miles. That no vot-
ing place WAS established west of Brazoria,
in said county, although the one formerly
existing was by said county court, at the
time aforesaid, abolished against the pro-
tests of the electors therein, by means of
which Il large portion of the electors of said
county were practically disfranchised be-
cause Of the great Inconvenience in attend
ing rbe voting places remaining IN said
county. That at the said precincts thus
abolished the white electors greatly ex-
celicd in numbers the black voters, while
at bp vf.f1 60. 1fcha n eafI
county court the electors Of the African race
greatly excePd those of the wi.ite race.
Fourth. That. at Sandy Point, in Brazo-
ria county, on the day of the election, vio-
lcnce was threatened and used against elec-
tors who made known their intention to
vote for candidates avowedly Democratic,
or who were suspected of intending so to
vote, and thereby tie freedom of election
prosecuted.
Fifth That acts of fraud and violence
were committed aud threatened at the vot-
ing places of Brazoria county, and at
Hawkins's store, and other voting places in
Matagorda county, by those of the Repub-
lican party, and all this in the interest of
yourself, among other candidates for Office
in said counties.
Respectfully submitted this the four
teeDth dav of March, 1876
(Signed) CHARLES L. CLEVELAND.
hereby certify that on the fourteenth
day Of March, 1876, handed TO the Hon.
A. P. Mccormick. in person, true copy of
the foregoing notice of contest, March II,
1876. b
(Signed9 JOE A. OwESs.
The sitting member states his case in the
replication as follows:
To Hon Charles L. Cleveland:
The undersigned. respectfully replying
to your notice Of contest of his election TO
the office of Senator from the Nineteenth
Senatorial District of the State Of Texas to
the Fifteenth Legislature, shows:
First. That the undersigned is eligible
legally qualified to be chosen-to the Fif-
teenth Legislature, and that no matter of
fact is shown in your s. fist" ground Of
contest which even appears to dIfqnslify