New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-12-11
Mr.. CoRBN ENTITLED TO A SEAT.
u. c. BUTLER NEVER LEGALLY ELECTED-A FORTH
COMING REPORT ON THE SUBJECT.

COMING REPORT ON Tue SUBJECT
IBY TELEGRAPH TO THE TRIDUNEl
WASHINGTON Dec 1O,-It was generally under
stood before Congress adjourned last Summer that
the Republican members of the Senate Committee
ON Privileges and Elections would sign report de-
,larnp that Mr.. D. +. Corbiu, of South Carolina Is
entitled TO the seat in the Senate now occupied by
General NJ c. Butler: Such a report willundoubteoIy
he presented during the present session, ara an at
tempt will be made to secure q vote upon It,
The question at issue IN this contest is SIMPLY
vhetber the Legislature which elected COTOln, OF
that which chose Butler was the lawful Legislature
If the State, or whether either was when the cleo
lions were respectively hold. After careful study
IF the history of the case the Committee on PIiyi-
eges and Elections is understood to have arrived at
the following conclusions:
Frst-That the Senate Of the Chamberlain Legis-
Iature was unquestionably the legal Senate Of the
State. There no other.
Seoond-That there were no representatives from
Edgefeld aud Laurens Counties in the Lower House
of either of the rival Legislatures because no GER
hfcates of election according to the law and usage
of the State had been issued to anybody from these
counties and the Clerk of the House had right to
place the names of any persons upon the roll OF
the House as representatives from those counties.
TRird-It follows that the ffty-nine members of
the House of Representa- who met III the State
House at Columbia and organized with +. w. NJ.
Mackey as Speaker. were lawfully convened and
organized, and under the Constitution Of South Car
DINA constituted the lawful House of Representa-
hves of that State. Although it contained less
than majority of all the possible members, it did
contain majority of all who wore elected, and it
therefore had quorum to do business, which I'M
der the laws Of the State consisted not of majority
Of all possible members, but majority of the MEM
bers chosen. The Senate and House which elected
Sr. Corbin beng, therefore, the lawful Legislature
Of the State, Mr.. Corbin is the Senator.
But even if the Legislature which assembled in
The state House was not the legal one, and Mr. Cor
bin was not regularly elected, the committee is
lerstOod to hold that General Butler cannot retain
bis scat for these reasons:
FYrst-There was no vacancy TO be filed at the
lime of his election, on December 10, 1876, as Mr..
corbin had been lawfully elected to said Office on
The 18th of December, 1875.
Seooad-The House of Representatives that as
mmed to elect Mr.. Butler, had no quorum at the
lime it was organized and was never therefore
awful body. The additions made to it by recruits
rom the House of Representatives, assembled in
ihe State House, did not make it lawful body. Ii
hat House was a lawful body at it's organization it
would so remain, notwithstanding the absence of
i've Of its members. If by their absence 1t was re-
Iuced below quorum, no business could be done
except to adjourn or send for the absent members.
But that House was not fact at any time reduced
below quorum. 1t remained whole from the day
Of its organization November %, 1876, until De-
sember %, 1876, following when in connection
with the Senate it adjourned,
Tkird-But admitting all that is claimed by Mr..
Butler for the Wallace House, that il was lawfully
organized and had quorum of the House present.
Itill while this would nvalidate the election of Mr.
COrbin, 1t would not make valid Mr.. Buffers cleo
ton. The single and isolated House of Representa-
tives of South Carolina cannot by any process OF
reasoning be held to constitute the Legislature of
that State The Constitution of that State requires
Senate and House Of Representatives for that
purpose. But the Wallace House had no Senate to
recognize it. 1t stood isolated and alone, and so
standing it could originate no lawful action. 1t
could no more elect Senator than it could enact
laws. IL did not in fact during its whole session do
any legislative act pretend that it could do any.
Ii recognized its own impOtency in this respect but
strange inconsistency, II made dash at the election
of a United States Senator
ANY attempt TO seat Mr.. COrbin during the present
session of Congress will certainly be stOutly opposed
by the Democrats of the Senate, and will lead to
exciting debate.