Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-01-11
THE APPEAL TO CONGRESS.
FULL TEXT OF THE SOUTH CAROLINA
f MEMORIAL.

THE APPEAL TO CONGRESS-.
FULL TEXT OF THE SOUTH CAROLINA
MEMORIAL.
Congress Is asked By Governor Hampton and
TIE other State officers to confer upon the Pal
metio State Republican form Of Government.
The following is the full text of the memorial
to Congress. presented by Senator Gordon, in
the United States Senate:
Tbthe Senate and House of Representatives Of
the Congress of the United States Of america :
The memorial of Wade Hampton, Cover
nor; of w lillian D. Simpson, Lieutenant.Gov-
ernor of the State of South Carolina of the
House of Representatives and of the under
signed, senators of the General Assembly of
the said State, respectfully showeth to your
honorable bodies that alta general election, held
in the said State on the 7th ofNovember ulti-
mo, they we're duly elected to the Offices afore'
said which they now respectively hold; that
under the constitution and 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 state
ments of the result, forward the same to the
board of county canvassers, who from these
statements make the proper county statements,
and forward these last statements, along with
the precinct managers returns, the poll lists,
and all papers appertainirg to the election, to
the board of State canvassers, who make the
proper statements and determinations, declar-
ing duly elected the persons who have received
the greatest number of votes, whereupon cop
nd nipa ions
are furnished to such persons This is appli-
cable to all elections except those for Cover
nor anu lieutenant. Governor, in which case
the returns are sealed up in the respective
counties and transmitted to thes Secretary OF
State, who is to deliver them to the Speaker
of the House of Representatives at the next
ensuing session of the General Assembly; and
during the first week of the session, or as soon
as the General Assembly shall have organized
by the election of the presiding officers OF the
two houses, the Speaker shall open and pub.
lish them in the presence of both houses, and
the persons having the highest number OF
votes shall be Governor. The board of State
canyassers has jurisdiction by statute to de-
eide all cases under protest or contest that may
arise when the power to do so does not by the
Constitution reside in some other body. BY
the Constitution this power as to the elections
for Governor and Lieutenant Governor resides
in the General Assembly, and as to elections
for members of the General Assembly resides
in the respective branches thereof.
WHAT THE BOARD OF CANvAssERs DID.
The member of the board of State canvass
ers who sat in the matter of the election held
on the 7th of November ultimo were: b. E.
Hayne, chairman of the board, secretary of
State; F. L. Cardozo, State treasurer; I. c.
Dunn, comptroller Gen. W. H. Purvis, ad-
jutant and Inspector general, and VIM. Stone,
encouragement, of whom Hayne, Cardozo
and Dunn were candidates for reelection.
Notwithstanding the provisions of the Consti-
tuition making each house the judge of the
election returns and qualification of its mem
bers, and the fact that three of the members of
the board were candidates for re election, and
voted for on one and the same general ticket,
the board determined to consider the returns
of the elections of members of the General
Assembly in connection with protests and con-
tests; that the Secretary of State, the State
treasurer aud comptroller-general had the
right to hear and determine all questions COM
ing before them in regard to the election OF
these three officers, except that no one of said
officers should vote upon his own election.
Such being the determination of the board
avowed and made of record, and the Consti-
tuition inhibitiug persons exercising the fnnc-
tions of the Executive Departments-and all
the members of the board were members of
and exercising the functions of the Executive
department-from assuming or discharglng
the duties of the judicial department necessa-
rily exercised and involved in deciding cases
of protest and contest, R. M. Sims and certain
other persons, as candidates and citizens, ap.
piled to the Supreme Court of the State, in
the exercise of its original Jurisdiction. on
November IA, 1876, for writ Of prohibition
to restrain the board from exercising any ju-
dicial functions in regard to protests and con-
tests, and from doing anything else than as
certaning from the managers returas and the
statements forwarded by the boards of county
canvassers the persons who had received the
greatest number of votes, declaring and certl-
fying the same to the secretary of State, and
also for writ of mandamus to compel the
said board to make such ascertainment, decla-
ration and certificate. Immediately upon no.
tice being given that these writs would be
prayed for, the board avowed, published and
made of record its determination to take no
further action until the question of their pow
ers and duties was determined by the Supreme
Court. The Court in each of these proceed
ings granted rule to show cause why these
writs should not issue, and continued, in the
presence of the board and their counsel, the
rule to show cause in the matter of the prohi.
ton as an order restraining the board from
doing anything sought by the proceedings to
be prohibited until the determination of the
proceedings.
THE ORDER OF THE COURT.
Under an order of the court in these pro.
ceedings, the board certified to what persons
had received the greatest number of votes at
said election for all of the officers except
Governor and Lieutenant-G Governor, includ-
ing one Senator and FIVE Representatives from
the county of Edge6eld and one Senator and
three Representatives from the county OF
Laurens; and subsequently, on the 22nd Of
November, an order was made BY the court,
in the presence of one of the board and its
counsel, for writ of mandamus to issue
the order requiring them to perform in re-
gard to the persons certified to the court by
the board to have received the greatest mum.
Der of votes for members of the General AS
sembly) the duties enjoined by the statute,
naming them specifically, and requiring re.
turn forthwith to said court the execution Of
said writ. The writ was issued and served on
the same day on all the members of the
board, except that one who had been present
in court when the order was granted, and up
on him it was served on the following day.
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