The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-24

gress are to be found In the Senate. In which, In
Apri, 1867 Mr sherman, OF OHIO, offered resolu-
judiciary in these words: Resolved, that majority
OF the Senators duly elected and entitled 10 seats in
luis , ooay sa constitutional quorum" This
resolution. after discussion from lime 10 time,
until May 3, 1854, nnaiiy upon that day, alter
elaborate discussions, especially by senators Carlisle
and Davis, against the resolution, and Senators Rev
erdy johnson and sherman in It's favor adopted by q
vote Of 20 TO H. in these words. "Re-
solved, That q quorum OF the senate con-
slsts Of majority Of tho Senators duly
chosen" The leading precedent In the House
Representatives occurred in 1851 during the nrss
session OF the Thirty seventh Congress when speaker
Grow decided that a quorum OF tho House con-
sisted OF majority OF the members chosen; aud
when this docaion was sustained by the House
another precedent arose In the senate OF the Untsd
States, March 1861, upon proposition the
houses. Senator Trumoull raising the point OF
order that this proposition required that two-thrds
OF all the Senators from AL the states entitled to
elect the presiding oiiicer ovorrulcd the point OF
order. and on appeal tho ruling WAS sustained by
ANOTHER VIEW or THE CASE.
In opposition 10 this view OF what constitutes .
quorum Mr. Corpin's opponent refers to decision or
the supreme Court In December, 1876, In which uhat
Court declared tnat sxty-threc members were
say ;or quorum 20 do business In answer 70 tins
IL Is claimed by the supporters Of Mr.. Corbn
that this decision was rendered under such
circumstances as 10 give u no judicial
decision was rendered was one over which that Court
had no jurisdiction, and IN support OF this view they
pointed to decision OF Judge Bond. OF the Unned
in which Judge Bond says, II think this proceeding
in the Supreme Court was beyond the Jurisdiction Of
that Court that the Board OF state Canvasscrs
clothed under the law. with discretionary powers aud
were Ia no wise subject 10 the control OF
should 'uu do ,er tnsv bas nGa
perform that duty" Tho ground upon which tho
Board OF state Canvasscs refused TO declare any
son elected from Edgeheld and Lawrence counties
were In general the Illegal practices. irregularities
and overwhelming Intimidation when characterized
according the evidence before ihcm) the election
in both of those counties Tho evidence upon these
points is too vouminuus TO DO stated In the HERALD
except IN general terms. f4
WILL rnE SENATE BE CONSISTENTLY
II the Senate shall honor ITS own recedents In de-
tcrmining what constitutes legal quorum under the
provisions OF the South Carolina constitution II would
seem that no other conclusion could be reached than
that the Mackey House had constitutional quorum,
seem to follow.
Upon the second question which has been presented
whether any subsequent events have invaldgtcd MIR.
CorDns c'cction " " claimed Tor him that II the Two
houses which elected him constituted the law Log
islature OF south Carolina on tho day OF his cca-
ton that II 10 impossible Tor that election
10 be invalldated by any power in South
Carolina Whatever events may have occurred
since, and II Is notorious That the Mickey House has
since passed out OF existence yet the legal TACT
mains undisturbcd mat Mr. CorDn Was lawfully
elected by tho Legislature OF the State /, has boen
expressly decided NY the Senate Of the United States
that II Is not within tho power OF Legislature having
onco effected election oil United states Senator to
recall that act ana elect another person. THIS was
decided in the Of Robbins vs. Potter, claimants
from Rhode Island Tor seats IN the Senate.
BUTLER's CLAIMS.
In compliance with request OF tho reporter Cover
nor Chamberlain briefly stated the claims oil his OPP
ponent:-''My friend General Buffers, caim, IN OPP
position to that Of Mr.. Corbin,' said the Governor,
treats upon tho theory that tho body known the
Wallace House the only lawful House OF Repre-
sontatvcs IN South Carolina, and that although
the Senate never recognized that House, pnu
fused 10 cooperate with IT. still under the provisions
OF the statute OF 1865 regulating tho election oil United
States Senators, there beng failure 10 eject the same
in each Of the two houses on the 18TH Of De-
cember, that tho subsequent election oil General
Butler by majority OF the whole number Of Senators
and esentativcs-namoly seventy nipe-is valid
election The Wallace House originally listed OF uity-
members declared elected by the Board OF State
canvassers and oil eight additional persons who Claimed
to have been elected from the counties OF Edgcneld
and Lawrence, and whose election tho Board OF state
refused to declare, and whom the Secre
tary Of State refused 10 issue certificates oil election
These latter persons II counted ms lawful members
maic the original Wallace House TO consist Of sixty
i've persons which would be majority oil ia,
whole number OF possible members"