The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-28
ELECTORAL TRIBUNAL.
The LastWOrk Ofthe Commission
H s
South Carolina Counted for Hayes
80 and Wheeler.
The Points in ths Case Few AM
Clear.
Jerry Black as a SaCrlficlaI Victim
A Unanimous Vote whsrs the De-
mOCracy have Nothing to Lose.

mOCracy have Nothing to Lose.
WASHINGTON, February 27.-The Ele,
torai Commission met at 1OA NJ, Nj
Hurd said that no counsel would appea
Tor the objections TO Certificate No.
the Republican certificate, and then sub
mitted his reasons why the Commission
should reject that certificate, holding tha
u republican form Of government mus
exist in a State to give validity to th
vote Of that State. He insisted that
legal disabilities were imposed or II in
timidation was practiCed a republican
form OF government was not maintained
and he proposed TO show by the testi
mony taken by the Housecommittee tha
both conditions existed. Mr.. Hurd he'll
that US the Constitution OF South Caro-
lima required the registration Of electors
and that requirement was utterly ignored
the election was void. He next went L
the objection that the presence OF United
States troops in the State overawed tht
people and prevented free expression
OF the will Of the people. He read III,
proclamation OF the President OF October
18th, 1876, declaring that insurrectior
existed in the State, and contended tha
the clause OF the constitution authoriz
ing the interference Of the Federal Gov
ernment, contemplated an insurrectior
against or resistance 10 the State authori
ty, and not disturbances between the citi
zens Of the State and rifle clubs riding ur
and down the streets numbering some Of
the peaceable citizens, as stated in The
PreaidenpS proclamation. He argued
that it did not amount to such an insur.
rection against the United States o,
State authorities, az warranted the
Intervention in the affairs Of the State,
the presence OF the troops was not to
keep peace, but to influence the election.
When Mr.. Hurd had finished, Mr.. Coch,
ran stated that Judge Black and Mr.
Blard would appear as counsel for the
objectors 10 certificate No. l.. They had
been uncertain whether they could at.
tend, but were now here. Mr.. Cochran
then submitted certain profiers OF proof
which he proposed to make good. Ad.
mitted by the Commission az follows
!. That there had been "A failure ol
registration as provided by the State Con,
stitution, and through such failures over
10000 fraudulant votes for Hayes and
Wheeler had been cast.
., That in August, 1876, large numbers
Of soldiers had been sent into the State
under Gen. Ruger, who telegraphed that
all was quiet and no more troops were
needed, and that il more were needed he
would call for Them. That, notwithstand.
ing this, on the next day, October 18th
the President issued a proclamation and
n large number Of additional troops were
sent into the State; that during 1876 there
was no time when the State authorities
could not preserve the peace.
3. That the troops were sent into the
State without the request OF the Legisla.
lature, which could have readily been
convened.
4. That the troops were sent not to quell
insurrection, not TO preserve the peace
but TO overawe voters and influence the
election, and thatthey we're present at the
polls and did intimidate voters.
5. That the presence Of troops EN-.
boldened the more desperate Of the ne
groes, and that IN Beaufort and Charles.
ton they inaugurated system of riot
and violence, in which they were protec'
ted by the State officers. That the police
OF Charleston, cnmPused mainly OF ne.
grocs. employed their time in shooting
down inofiensive white citizens. That
the negroes ut the polls were armed and
prevented colored men who would have
voted the Democratic ticket from doing
80. That the State militia, consisting Of
the worse class of negroes, were ut the
polls and assisted in preventing colored
men from voting the Democratic ticket.
That one OF the electors, who was Sheriff
OF Charleston county, appointed hun.
dreds of deputies, who went about arrest.
ing citizens at their pleasure,unwarranta.
bly, interfering with the election, and that
United States marshals in large numbers
were at the polls interfering with free
vote by the people Of the State.
Mr.. Lawrence began the argument fol
the Hayes objectors, showing that the
want OF registration did not effect the
election. The Constitution OF the United
States gave power to the Legislature Of
the State, and the Constitution OF the
State could put no restriction upon this
Constitutional grant 10 the Legislature
He went into brief argument to show
that the form OF government in South
Carolina was Republican.
In reply to the fifth objection, that
there had been no republican form Of
government from January !, 1876, to
December 10, 1876, he cited authorities
TO show that the history Of n state must
be accepted as evidence Of an established
republican form Of government.
Mr.. Lawrence closed at ll:45, and Sen.
ator Christiancy waived hiS right to be
heard as an objector.
Mr.. Blair, for the Democrats, said
they would oiler TO prove that owing to
violence and the presence oi the United
States troops on the day Of the election
there was no full and fair election by the
people. The first point on which he laid
stress, was the absence Of any registra.
ton OF the votes. He charged that this
was an open, palpablo violation Of the
constitution, notorionsly done to perpe.
trate fraud. He next passed TO the use
OF the military in the State, which
he said was just and sufii.
cient ground to throw out the
vote OF the State. This, he said, was
done by proclamation, and it was known
to all men that troops were used to con.
troll the election. He maintained that
Congress had taken notice OF the condi.
ton OF the States in the South, and that
as the representatives OF Congress this
Commission must take notice OF what
had been done in South Carolina in con
neclion with the election.
Al the conclusion oiMr. BIair's speech
Mr.. Lawrence said that the counsel on
the other side, in view Of the breyity Of
time, had concluded to submit the case
without argument. l.
JUDGE BLACK FROM A sACRIFlcIA1
STANDPOINT.
Judge Black then addressed the Com.
mission. He said; lie had no time .tc
consider the case; the court knew as much
about ii as he did. 1t was his idea tina
u counsel should speak only TO assist thu
court in coming to conclusion, and wher
he could not do so he should take hi
seat, With much feeling, he said b,
felt thLt he had lost much OF the dignity
i NJ nm Amnrinao o;,;gan and tLa, IL /