The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-24
SOUTH CAROLINA'S SENATOR.

ably not disposed TO early adjournment.
Tho House thcn, At haii-past Ave I. N. adjourned
TIL Tuesday.
SOUTH CAROLINA'S SENATOR.
THE RIVAL CLAIMS OF BUTLER AND coRBIN
DISCUSSED BY EX-GOVERNOR CHAMBERLAIN
WHAT CONSTITUTES MAJORITY OF THE
SOUTH CAROLINA LEGISLATURE.
Tho great struggle for the political control OF tho
Senate at Washington has called public attention TO
the case OF Corbin against General Butler, involv-
ing the right the vacant seat In the Senate from
South Carolina Tho facts upon which this
contest rests vividly before the country
during tho long struggle between Governor Hamp-
ton and Governor Chamberlain Tor tho control
OF that state in the winter OF 1861 The matter
has now to great extent aacd from the public mind.
In view OF the intensc~intercst growing out OF this
question ut the present moment representative OF
the HERALD called upon Governor Chamberlain last
evening at his residence in this city, ara solicited
from him statement OF tho facts connected with the
controversy. Governor Chamberlain chcerfuily sup
piled the information desired It Is given below.
From this tho legal bearings OF tho various
questions involved can bc soon at glance N&
M coRRINv cLAIM.
ssrhc facts upon which Mr. Corbin's claim to seat
in tho Senate rests said Governor Chamberlain sare
these The term OF T. J. Robertson US Senator from
election was held in that State November Z, 1876, for
State ana county officers and for members OF the
House OF Representatives and tho State Legislature
and Tor part OF the members OF the State Senate.
The returns OF this election madc FIRST
the several boards Of precinct managers each board
consisting of tnrce members, Two commissioners
OF election for respective countess called In this
connection boards OF county canvassers; second by
the several boards 81 county canvassers to
the Board of state Canvassers at Columbia,
tho capital OF the statc third, by tho Board
OF State Canvasscrs, who acted finally upon
the returns and determine and declare the results
The Board OF State Canyassers November o. 1876
completed their canvass In this election and returned
as duly elected sixteen State Senators and Il6 men,
bers Of the Legislature. Subsequently,, and Prev.
ously to November g. 1876, the Secretary or State
delivered the official certificate OF election to each
declared elected by the Board OF County Can
vasssra
SENATOR.
On tho 2Sth OF November tho newly elected sena-
tors, with those holding from the former election
and organized the Senate In the Senate Cham
Der in State House, Tho legality OF the Senate as
Legislative body and the regularity OF its organxa
ton have never been questioned. On the same day
ffynine the persons dccaSed elected by the Board
OF State Canvasscrs met In the hall OF tho House
OF Representatives in the State House and
organized as tho House OF Represent atives.
The two bodies thus organized recognized
each other respectively as the Senate and House OF
Representatives OF tho State by an Interchange Of
official communications pertaining to the legislative
business. They also officially recognized Governor
Cham eriain the Governor OF the State and were
officially recognized by him as the Senate and House
OF Representatives. together constituting the tienora
Assembly Of the State On November 20, 1876, five
persons, who contested the election OF the persons
cared elected by tho Board OF State Canvassers repre-
scntatives OF Barnwc county, declared by this
House OF Representatives to BIO entitled seats and
were admitted and sworn In as members. On Decem-
Der 2 1876, i've persons, who, in like manor, con-
tested the election Of tho persons declared elected by
the Board OF State Csnvasscrs representatives OF
Abbeville county, declared by this House TO be
| entitled to seats ana were admitted and sworn
| In as members On December 5, 1876, TOUR other
contestants Tor seats from AIKEN county were in Iike
manner admitted aud sworn IN as members The
members thus admitted with the original be rship
were 1ity-ninc, ana made tho whole number tins
| House OF Representatives commonly known the
Mackoy House, seventy three On Dccembcr2 1876, this
House OF Representatives considered the matter OF the
election for members Of the House Of Representa-
t,ves in Edgen ID ana Lawrence countess ana do.
clared that valid election held those coun-
ties on the 9TH OF November, 1875 on the l2lh Of
December, 1876, being the second Tuesday after
Ahe SAID 2sth OF November. 1876, tho Two
bodies above described proceeded IN tho man
United States ~. 5. Rev stat, tile 2,
chapter !. page - 10 elect Senator in Congress d.
T. Corbin received majority OF ali the IN
| both bodies December L. 1875
On the following day, December IL, 1870, the two
boaies convened ia Joint assembly al twelve O'CLOCK
H. The journal or each house was read ana il appear
ing that d. 4 CorDln had received majority OF ali the
votes in each house, no was declared duly elected
senator.
| coRBiSs CREDENTIALS
Mr.. Corbin's credentials were sisncd that day
was uutn December H. 1876 the unquestIoncd GOV.
crnor OF tho state, General Hampton not claiming 10
hold Office until alter his iuaugurato on December
IA, 1876 Out OF this statement OF iucts Two leading
questions ar,se:-
i FIrsk-Was the election of Mr. Corbin valid De-
/ cembcr Is, 1876
Sccond-Has his title boon affected by any events
| occurring subsequently to December 49, 1876
Ibe validity OF tue senate has been stated, has
never been called IN question, but tue validity of the
body which has been described as the Mackey House
Is denied on the ground that thus body was never
valid legislative body under the constitution and laws or
South Carolina Tor the reason tnat = never had
quorum OF tho lawfully elected members, aud hence
| tnat all It's acts are null and yohl. This question
Tor It's decision tho following provisions Of
| the constitution OF south Carolna:--
Eirst-.ihe House Of Representatives shall consist
Of ia MEMBERS to be apportiohcd among the several
| counties according to the number Of Inhabitants In
yecond-.Eacn House shall Judge OF the election
turns and quail cation OF ITS own MEMBERS and ma
joriy OF each House shan constitute quorum to do
business" AS has already been stated, the Board OF
state declared that only ZIG persons
duly clectca members OF tho House oil Representa-
ives aud secretary Of state issued certificates Of
election 10 only lld tho Board OF state Can
| 0inClaily Gcclarcu mat tucy were
| able 10 determine that any persons had
| been duly c.ecIed as representatives OF the
| counties OF Eugchcld and Lawrence. or these 1l6
members 6tyuinc took part IN the organ ization oil
| the Mackcy House. being majority OF tho members
declared elected Ny tho Board OF State Canvassers
IL Is claimed The part oil Mr. CorDn that tnls num-
Der constitutes quorum and that the Mackcy House
was duly organized asa House OF Representatives,
and that s acts rs legislative body are Tor that
reason valid. In support OF TINS position reference
made 10 the precedents which have been established
/ upon the question OF a lawful quorum by the two
houses OF Congress under tho Uned states consltu-
ton. The provisions OF tho United States conslltu-
uon arc IN all material respects tho same as those
already stated from the constitution OF south Caro-
hna Tho only respect IA which the provisions
| OF the United states constitution diiicr from
those Of South Carolina 10 that In the latter an abso-
Lutte numerical aggregate OF the House Is stated,
whereas 10 the constitution Of tho United States
rule OF ratio OF representation only Is laid down. But
under that ratio there IL always any specified point
OF time lxed number Of Senators ana Rcproscn ls-
| tves In Congress precisely rs IN tho Senate and
i Huuq al Auia Iiv m 4nn Enrn Linn