The New York herald., 1879-02-05
SENATOR gDMUNDS RESOLUTIONS
Reports on the South Carolina
Senatorship.
4LITTLR NKERS" IN THE PALMETTO STATE.
Value Of Alaska as Given by a
Special Agent.
GENERAL WASHINGTON DISPATCHES.

WASHINGTON. Feb. 1, 1873.
sH1p-MAJonIrY AND MINORITY REPORTS OF
THE SENATE PRIVILEGES AND ELECTIONS COM
MrTTEE.
The majority report of the Senate Privileges and
Elections Committee the Corbin-B Butler case.
which. together with the minority report was sub
mIttcd tho Senate to-day. is quite lengthy, cover
Ing some twenty y-three pages Of printed matter.
The following the salient points,
The case referred to the committee on the Tth
of March. 1877. but action was had during tho
called session On the 3Oth Of November. lS7I-Con-
gress having met the 18th of October-on a motion
of MIR. Thurman the committee discharged from
the further eonsideration OF the credentials OF MT
ton to the Senate asking that his claim to scat be
considered on its merits. was presented and on the
2jth of March following was referred to the COM
mittec. At the very outset Of the examination
Of Mr.. Corbin's claim the committee met
Buffers counsel who held that the had becn ad-
Indicated by the Senate Mt the rst session OF the
tha tbaa was nni supnortcd nv facts The
claim Of Mr. Corbin not res ddrud'cotn, because
in point OF fact it had not been passed upon and ad
judicated by the Senate The credentials OF Mr. Cor
bin have been with the committee up to the present
timc and has in any form been madc be-
tween Mr.. Corbn and Mr.. Butler and submitted to
the Senate to be passed upon. So holding. the
mittee proceeded to inquire into the grounds Of Mr.
Corbin's claim to seat as Senator from south
Carolina.
The history of the dual legislatures In South Caro-
lins which met November 2s 1876. at Columbia, is
reviewed up to the point where Mr.. Corbin was
chosen United States Senator the Senate and House
in the State House. Tho report continues:--%
His credentials were signed by Governor Chamber
lain on the 18th of December. 1876. That he
Governor at that time is unquestioned. Governor
Hampton not claiming to be Governor until
sR time Of the eseUn @ cor
valid No question has ever been made as to the
complete validity as Legislative body and consti
tuent House Of the General Assembly, Of the Senate
which sat in the State House and co-operatcd with
the House. in which Mr.. Corbin received majority
Of votes. No other body claimed to be the Senate.
The action of this Senate. therefore. was valid and
need not be discussed.
The question whether the House was lawful body
Is next considered.
The constitution Of the State provides that tho
House shall consist Of 124 members. and that each
House shall judge Of the election returns and quali
cations of its members. At the election on the
for members Of the House. OF this number tho
Board of State Canvassers declared that only ll6
ccrtncatss Of election to only lie Of the il5 thus
holding certificates ttyninc took part in the organi
ssion Of the House, which met in tho State
ity OF all those declared elected by tho
Board Of Canvassers and holding certificates from
the Secretary OF State. If this House legal body
on tho day OF its organization it continued TO be
legal House until its final adjournment, December
2d, 1876.
number Of possible Representatives q majority Of
those actually chosen is discussed by the committee
at considerable length and decided in favor of the lat
ter position by the action of the Senate which decided
by vote of 16 to IL, May 4, 1884, 'that a quorum
of the Senate consists of majority of the Senators
duly chosen" This decision has Since been adopted
by the Senate as permanent rule, and now appears
In Rule 1. The question first maturely consid-
cred by the House in the Thirty-seventh Congress,
when quorum consisting of majority of the men,
bers chosen was sustained by the House, Other a,,-
thorties of high character are cited in support of
this view. The action Of the Supreme Court Of
South Carolina in declaring that sixty-thrce men,
bers required to constitute quorum is met
with the argument that the Court had no jurisdic-
ton and its declaration is empty oter dicum.
The committee next take up tho action of the
Board of Canvassers, and the conclusion is reached
that their action. which may properly be described
q reference of disputed matter to the body which
bad by law right to pass finally upon it, was legal
After further consideration of the legal points of
the and frequent reference to authorities the
committee say
This House. in connection with the unquestioned
Senate, constituting together ~ they did the Legs
lature of South Carolina. proceeded ON tho
18th day of December, 1876. to the election
of senator TO represent that state in the Senate OF
the United States for the term Of six years.
mence on the 4th of March, 1877. The election was
duly held, duly determined and declared and ID. T..
Corbin was duly and formally declared elected Sem
ator, and subsequently he duly commissio ioned as
such by the Governor OF the state. He is therefore
entitled on the merits of his case to scat in the
Senate rs Senator from South Carolina for term
of six years. commencing March 4. domini 1877.
The defects in Mr.. Butcrs title arc summarized ns
follows:-
There was no vacancy at the time of his election
on December 10. as Mr. Corbin had been lawfully
elected on the 13th. The House of Representative
that assumed TO elect him had no quorum at the
M nf and M u(pl<r
thereafter The single and isolated House of Repre-
sentatives of South Carolina cannot by any process
che State. The Wallace House had no Senate to
recognize IL. Standing isolated and alone it could
Senator than IL could enact laws and II did not in
fact during its whole session, do any Legislative not
or pretend that IL could do any.
Tho following resolution is submitted as the do
termination Of the committee upon the merits Of
this controversy
Resolved That ID. L. Corbin was, on tho i2th day
of December A. D. 1876. duly elected by the Legis-
laturc of the State Of south Carolina Senator from
that state In the Congress OF the United States for
the term Of six years, commencing on tho <th day
OF March, A. d. 1877 and that as such no In entitled
to have the oath of oniec administered to him.
Tho minority report. which Is signed by Mcssrs.
Bfcrrimon Salisbury and Hill, takes the position
that tho whole case was presented 70 the Senate at
the time Mr.. Butler was admitted to the scat; that no
evidence In claimed to be presented. and
that II 10 but request 10 tho Senate
70 rcvotc upon question which IL has
once formally decided. If. however. majority
Of tho Senate differ from tho view presented and
shall. without precedent, without law and without
reason determine 10 it's merits the title
of Mr.. corbin to the seat they submit that the for
mcr decision excluding him from the seat right
and ought not to bc reversed.
The minority take the ground that sixty-threc
members. majority Of tho entire number of Rep
resenatvcs provided for BY the constitution OF tho
State. are necessary ~ constitute . quorum. and
that Mr. Corbin was therefore not duly elected.
II s also claimed that tho in the case show very
plainly that the Board Of State canvassers were
guilty Of . disreputable attempt by moro trickcry
TO defeat the result Of the election BY the people, and
such conduct should not receive tho councnancc Of
tho Senate
THE pLArNE INvEsroAT1oN--M Il. W. n.
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