The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-03-20

lots; and, last of all, State board Of
canvassezs, every one of whom are Re-
publicans, and majority of whom are
candidates upon the ticket of their party
for high State Offices, surrounded by
Gordon OF United States soldiers, declar-
ing the result, in defiance of the mandate
of Supreme Court composed of Repub-
lican Judges
NO PERSONAL OBJECTION TO RAINEY.
Aud yet the minority in their report
say the ,contestee was fairly elected, and
mildly hint that the report of the major
ity is an effort on their part to induce
their party associates in this Chamber
"to expel from the House Of Representa-
tives" the contestee, "who is rejecting
honor upon his race and creditably rep
resenting his constituency" upon this
floor.
Mr.. Speaker, I make no reflection upon
the contestee, and cheerfully grant all
that has been said in commendation of
him by the distinguished gentleman from
New York ,(Mr. Hiscock) in the report
which he has presented. My feelings to-
ward him are of the kindest nature, and,
I trust free from any prejudices against
people many of whose names and memo
ries are hallowed by the sweetest recol-
lections Of my childhood, and many of
whom have been the staunchest friends
of my manhood. But questions OF race
or of the character or competency of the
contestee or contestant to fill seat in
this hall are not in issue here or now.
The simple question to be determined is
whether there wss or not such free and
untrammelled expression of the will of
the people at the ballot-box in the first
Congressional District of South Carolina
on the 7th day of November, 1876, as
| will Justify this House in validating or
declaring the election void. Aside from
all considerations of party fealty or party
ties, am convinced the calm judgment
of members will satisfy them that the
conclusion reached by the majority of
the committee latter passing by nume-
rous precedents established by Republi-
can Congresses which would lave seated
the contestant) is fully and abundantly
sustained by the facts.
THE COURSE OF GRANT.
After a long and exhaustive analysis
of the testimony, Mr.. Evins returned to
the subject Of the unconstitutional use of
executive power and said:
But, Mr.. Speaker, the gravest feature
in this contest, and the one upon which
desired to speak more at length than l
can do now, without consuming more
time than am entitled to occupy, is the
stationing by the President Of armed SOL
diers at or near the places of voting on
the day Of election. Upon this ground
alone, if no other reasons had been urged
by the contestant or shown by the evi-
dence, the seat of the contestee should be
declared vacant If, as was alleged, in
surrection and domestic violence existed
in this congressional district, then it
would have been impossible to have had
any proceeding which could be dignifed
with the name of an election, even with
| the active assistance of all the managers,
supervisors and deputy marshals who
surrounded the polls, with the soldiers to
aid them.
If there was no such condition of
things, then the presence of the troops,
secured in violation of law by Governor
Chamberlain, to insure the success Of the
Republican ticket upon which he and
the contestee were candidates, should
nullify the election. We have already
shown, however, by incontestible proof
which might be augmented by the testi-
mony OF, hundreds of other witnesses of
both colors and of both parties, that no
such condition of things as the Governor
and President affirmed in their procla-
nations existed in South Carolina in the
summer or fall of 1876, but, on the con-
trary, that the courts were in the full
and unobstructed exercise of all their
rightfnl authority, and that there was
nowhere any armed body of white men
which constable, duly commissioned,
could not have instantly dispersed or in
duced by show of authority to submit
to the demands of the law; that the only
real apprehensions entertained by any
one of even violent breach of the peace
arose solely from the imbecile and cor
rupt character of the State government
and its inability or unwillingness to keep
in subjection the lawless militia it had
organized and equipped. If there was
any evidence whatever (which I utterly
deny) that could have justified the Gov
ernor in calling upon the President for
troops, have never yet found any one,
except Governor Chamberlain himself,
who (preteuding to have any personal
knowledge of such facts) claimed that
the Legislature could not have been con-
vened and the requisition, if its members
had thought it necessary, have been
made upon the President in the manner
prescribed by the Constitution.
again assert, with the best possible
evidence to sustain the truth of what l
say, that the charges made in the procla-
nation of Governor Chamberlain consti-
tute base libel upon the people of the
State, and were intended to bring about
the very state of things which it declared
already existed. 1t was party necessity
that pretext should be created for the
introduction of large force of Federal
troops into the State, who should be sta
toned on the day of election Gin locali-
ties" according to q liberal and we'll
understood construction of the order of
the secretary of war to Gen. Ruger, where
they would best subserve the interests of
the Republican party.
CONCLUSION.
Mr.. Evins then went into an elaborate
resume of the constitutional laws and po-
litical history Of this country and Eng
land so far as it bore on this case, and
concluded as follows:
Blunted as our sense Of the great wrong
may be by its frequent repetition, there
is, I confidently believe, "yirtue enough"
left with the people to compel their pub
lie servants in the future to keep within
the prescribed limits of that Constitution
which their official oath requires them to
uphold and defend. Fain would l be-
lieve that there is little danger of our
again seeing Legislature of sovereign
State expelled from the halls of the cap
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