The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-28
EIGHT no SEVEN oycE MORE
The Vote OF South Carolina Decided In Favor
OF Hayes by the Partisan Tribunal.


Of Hayes by the Partisan Tribunal.
WASHINGTON. Fob. 27--1hc Electoral Com
mission met this morning Mr.. Hurd tDcml
as objcctor. then proceeded to submit tho
Reasons why he thought the commission should
reject Certificate Number One the Republican
certicate). He went into an inquiry IA to what
constituted u republican form of government.
md the relative duties OF the Federal and State
Governments. holding that 1t only could be re-
publican when when II gave the people free
and fair opportunity TO express their will in the
selection Of their rulers Whatever prevented
II free expression of the will of the people to
the extent that II operated 50 fur IL do
stroyed the republican character of the Gov
crnment. II legal disabilities were imposed.
or. If intimidation was practiscd the republic
WAS not mainta ned. They propose to show hy
the testimony taken by the House Committee
that cOlored men in South Carolina were intim-
idated by other colorcd men that they were
whipped and driven from the polls. or Demo-
cratic tickets taken from them. and the Repuh-
Lean tickets put in thoir hands. and they forced
to vote them. They proposed TO show thatthcre
were colorcd rifle clubs which were not dis
banded in accordance with the proclamation OF
the President. and they proposed TO show by
the proclamation of the President short time
before the election. that there WIS an insurrec-
u
election hut at that time required the pres
ence of thiry-two companies OF troops to pre-
! vent an outbreak.
! MIR Hurd held that Ms the Constitution Of the
STATE required registration of electors. and
that requirement was utterly ignored. the clec-
He next took tho objection thnt the presence
Of the United states troops in the State over
sion OF their viii. lie read the proclamation of
the President OF October II. 1876. declaring that
insurrc' ton existed in the State, and contendcd
| thut tho plnnap az thp Cpnstitntipp nuthnrtvtp,
the interference OF the Federal Government
contemplated an instruction against or re-
| sstancc To state authority. and not disturbances
| between individual citizens Of the State. Rife
cluis riding up and down and numbering some
penreable citzcns as asserted In the Pres idcnt's
proclamation. he argued. did not amount to
such an instruction against the United States
vcntion in the Affairs Of the Suite. The call Of
| the Governor moreover was. ne asserted. not
in accordance WITH the CONSTITUTION snd and the
| ton unconstitutionally. The troops were at
the polls not to keep the peace. but TO influence
They were prepared to show that by this mill
tary interfsrcn,e intimidation wGs practisrd.
it would have been had the troops not been
Mr. Cochrane submitted certain profYers Of
| proof which h. proposed TO make good II adj
| mlurd 10y the commission. as follows:
r,Ii-Is cTe & haa been failure Of rss',raiion as
ara a. TSas s s ,sen Ss Ss %crs s ,9.n three
second That in August is7t large nuini-r Of sol
dicr, lad ben ,,ni INTO The state under Con Euscr
troop. were needed. and that ii more were needed hc
OCT i. T. he a' asd G s Gn 'nc
s s r' @ ns IN the sSsr @ R' & wyss wa nS ' S nns
when the state authorities could not preserve the peace
rcquc., Of the Legislature which could have eady been
fourtTha troops were >nt not to queli insurrection
s s and T hss G ,sy mse S .s Ss I
| poll. ani did lntiinidnts aud influence voters
S nssr 8 s I'd aiGs & f%SsSs"ff % .S %
"hR @ he, SsPr pfoies,3 S S sais osr.
dat the police OF Charleston, composed mainly OF des
%, n.c white ciiilns That the ncer,cs At the polls
voted the Dcmocraue ucket from dons iha, The stat
nn, a. eon,i ns ., We "or.s Ss., ." ncst,", meie a,
voting tn D iauc ucktt haione The electors no
lunir,d'o dcpuues, who wrn. about arrc-tns ciuDns
.eciio. and that United slahs marshal. in large NUN.
oea Mr,r a. tne polls interfering With aiiee Noc BY the
Mr.. Lawrence began the argument for the
| Hayes ohle'tors with an effort 10 show that the
want o a reg stration at did not affect il" ele'-
| ton. He contcnded that the Constitution Of the
| United States guye the power 10 the legislature
| Of the State. and that the Constitution ui the
State could put no restrictions upon tho cou-ti-
| luuona grant 10 the Legislature of the State.
| lie went INTO hret argument nrNt to show
| thnt the form OF government IN south Carolina
was republicln. The third objection. that
| troops Lad been stationed in the state without
| authority Of law was untrue in fact .nnd II not
| SO. 1t must be presumed that the officers Of the
Government understood Hnd executed the laws.
| In relation "a the presence OF United States
marshals nj the polls. he said the Constitution
| gave To Congress the power To enforce IL pro-
Visions, and II the evidence was to bc adm itted
| thcr, would be- proof 10 show the presence Qi
| these men was necessary. II must be- presumed.
IN the absence OF proof 10 the contrary that the
| oin' had don their duty.
In reply to the NTH Objection that therc had
Jan. l. 1876 To- De-. 10 ls7G he c,trd nnthortiss
| 10 show that the history Of the state must he
| accepted as evidence vi an established form OF
Mr. Lawrence closed at HAS. and Senator
| Chtsiiancy waived his right ~ be heard as ~.
Mr. Blair said they would oirer to prove thu,
| owins to violence and intimidation. and the
Iie.rnre of United States troops on the day of
elect on. tirrr was no full and iair election 10y
III p"opic. the first point on VIII he pro-
posed to Jay stress was the absrnr" of any regis
stat WAS imp rntNe and said thcir shall " be-
| Ir"tl- ms nude for a rcglstrntiOn Ol qualified
voters over II years oi age. He contrnded that
| ilerr - nothing IN the Constituion OF the
| United States that lnadr the Legislature Of u
state paramount 10 ia. Constitution OF the Statc.
| II WAS true that lh' ]: sisiaturc Of a State WIS
| an ng"ni ol the Una 81 States. but it could not
cNor'i-' iis power ia Violation OF the authority
! that 4. .dtr.i Ia. LEGISLATURES H.. charged thni
| tins WIS nn open. p4lpahlc violation of the Con
/ ~ .h''h. nol .lonSF zone !" p rprlhHlH lrHud.
~ " + J. ."lnriral fact TO Mi,i'h tnr rYmmi,-ion
! 'pnd not shut Ia eyes. Should THU trlhunui.
| now ihHl Il hi1S the power 10 crush II. LET fraud
ii uoNt possed to the use Of the milliar, In
q Nflt' wnich, b" spld. wa Just and sufficient
nl"un.i rs 10 throw aside the vote OF Nh State.
| known 20 ull mon thut the troops were used 10
| control Nh" rie tion. WA. tne Judgment Of tho
| ~ sd mt OF the Unit 'd States. acting a, hc
! lu'lifS dn Jared, hs the rtpr,5t niatIyr Of II
| party. tn b." taken H. nnulf H. ooninndrd that
tu" uN WAS Illegal. and should be looked into In
| nlAW ll,Li lS tNo commission.
Dir. LINr.n'c and COUNSEL on tho other side
/ IN view ol the lr'Nlty Of the time. conriuiod TO
| -hI,mi ih" "i~" without argument.
| Mr' Bnyard sand the Of rs of proof hnd not
| h" prni"d, ana moved that they be- printed
| i'r ti' nuuN, ,ni"nee Of the commission. lie
! mnierslood ih"y could be printed IN an hour
| Tho order WIS made.
Mr.. Black sdil he had no time to consider the
| case. The Court knew ~ much about II a. he
did II was his idea that u counsel should
speak only to ssl-t the Court In coming to n
| conclusion and when he could not do that he
| should take his seat. With much frrling he
said he felt TINT he had lost mu n Of the dignity
| Of an American citlHn and that mi,
great nation had got ia foot in II crack
| from which IT could not be- cXtrcatcd. If n for
! lorn hope could go out 10 avert lhisg great caam-
! ny he would gladly lead it, He did not know
! how he would focl II called upon 10 lay down his
! lite, but If he could with his llic redeem the
nution from the infumy with which II wns COW
| cred hc ought 10 give his lifo as freely M he
| would 20 TO his bed. Objections had been pre-
srnted here which TO him appeared insupcra-
| hlr. but it might be he in common with mil
| lions Of others. had been wrought up 10 n state