The times. [volume] (Richmond, Va.) 1890-1903, 1897-02-07

I
engaged the Interested attention OF Muir
rays colleagues. all Democrats. to-day.
! and several informal conferences were
held. at which Senator Tillman was pres
ent. After one OF these Mr.. Tihman
said:
WHAT TILLMAN SAYS.
Tf Mr.. Mckinley is going to be naugu-
rated on the ith OF March, the joint con-
ventlon has got to count the vote Of
South Carolina. II the Republican party
wants TO make an attack on the Consti-
tuition OF tho state. 1t must make II on
some other grounds or in some other
manner than their endeavoring to pre-
vent the counting OF her vote.
Il wish TO go further" he said, "and er-
press my preference for seeing Mr. Nc
iKnley President than to see the Presi-
dental function eKrcised by Mr.. Olney.
as it will be after the 4th Of March, If
the effort is made 10 deny South Carolina
the right TO vote This has been my
/ feeling for long time past"
Murray was said TO base his proposed
| protest upon memorial numerous'y
signed by cOlOred residents Of South Caro-
lima. recting that the Constitution OF the
| state violated the fourteenth and fifteenth
| amendments TO the Constitution Of the
| United States and the law OF 1867. pro-
vding for admission Of South Carolina
into the Union. and that IL was invalid.
because it had not been submitted to the
voters Of the State for their approval.
THE CONSTITUTION.
| Representative J. l.. McLaurin. OF South
| Carolina. who has had the Office Of At
| torney-Generil Of TIE State, traversod
| these objections this afternoon to a re-
| porter OF the Southern Associated Press.
| To said.
The constitution Of South Carolina IS
a valid constitution. II was not submit
ted 10 the people for ratification as il
has never been tho custom I'm the state
OF South Carolina 10 submit its constitu-
ton TO the people for ratification.
The only instance in which this 70
suit was varied from was In 1865 I'm
many Of the other States their constitu-
tions have not yet been so submitted The
act Of the Legislature Of South Carolina
calling the constitutional convention Of
1925 did not require the. ratification of IT'S
work by the people besides this constltu-
ton was at once and ever since has been
recognized by an the departments OF
State government as the organic law Of
tho State"
NEVER LOST STATEHOOD
Discussing the objection that IL vio-
lated tho act of 1861. re-admitting this
State into the Union, by depriving GER
tain citizens Of ire right Of suffrage. Mr.
McLaurln called attention 10 the fact that
the United states Supreme Court had
decided i'm more than one case that tho
states which were parties 20 the civil war
never lost their statehood and stand to-
day I'm their original attitude as states
Of the Union with undimnished right or
autonomy and with acknowledged Re
publican reform of government ana there
fore tho law referred 10 was not binding.
fl sff 10
the objection fan that the Constitution Is
repugnant t. the fourteenth ana me-
tCeuth amendments OF the federal con-
stitution. The right 10 vote is not one
of the United States within the meaning
# tho fourteenth amendment. inc mr.
tcenth amendment does not confer inc
right Of suffrage. but the state alone can
confer that right II simply invests luc
citizens with the right of exemption from
dis crimina tion as 10 the elective fran
elise. and that protection is limited by
it's own express terms To- the single us
criminatior, ION account Of ACC, color,
or previous cordition Of serNitude.
THE provisions OF the Constitution or
South Carolina clearly make no such /
discrimination; but. On tho contrary, by /
their plain meaning apply 10 all cltIehs /
alike The specific qualifications for SUI
frage-frst. as 10 the qualification Of |
REGISTRATION and. second. MS 10 the re- /
Quired registration itsef-are Yalid ana |
IN nowis. forbidden. Besides the state /
of South CarOliTa. four other states nave |
requirements Of AN cduca- !
tional qualification for Notlng-ndmely |
Colorado. CCrnccticut Massachusetts and |
Wyoming
OTHER PROTESTS WOULD FOLLOW. |
Mr. McLaurn said that the members /
from his State desired 20 have Do under |
stood distinctly that If the Congress was |
led into making any contest over inc vote /
OF that state the probabilities were that |
Mr.. Mckinley would not be inauSurated |
President of the United states on lhe
4th Of March.
"lf Congress IS going into the merits /
of tho vote OF South Carolina he CON
tinucd steps will be taken 10 see that
the votes OF northern States concerning
the validity Of which much DOUBT mas
! cen expressed. notably the vote OF ONO.
will be Investigated before those electoral
votes are counted We have fair cleo
items I'm South Carolina
Tho probabilities seem to be. upon IN
quiry this afternoon. that the advertised
protest will not be made.
Murray expressed great doubt or ms
ability to get 1t into shape in time 10 be
effective.
The memorial" he said. upon which
I will have TO base IL, has not yet been
received here although when I was i'm
South Carolina last week they promised
fo send il 20 me Wednesday OF this week
10 the latest. ! shall consult with friends
I'M the House and determine on my course
Of action after the memorial has been
received My contention Is that the re-
suit of the election. as shown In the re-
turn made 10 the Nice-President, IS not
am honest expression of tho will OF the
voters of South Carolina
PROVISION FOR OBJECTIONS.
Senator Hoar. chairman Of the Com
mittce on Judiciary. declined 70 express
on direct terms his opinion OF the policy
,f making the proposed protest. The
.ct II February 3. 1851 he said. prescribed
very clearly the method OF proceeding
when objection Is made 10 counting the
vote OF any State. and although IL had
lever vet been tested, he believed IL would
work out all right.
IAN objections" he continued shall be
In writing, clearly setting forth thei.
lblect. and without arguments. and that
hfv shall be signed by a. least one sem
,tOr as well a. At least one representa-
i've. IL Is further provided that no re-
urns shall DE rejected from any state
irlcss there is mere than one return. and
!, hen there is more than one IN IS directed /
hat those only shall be counted which
hall have been regularly given by the
electors who shall have boon chosen ac-
ording 10 Aw. Each State provides its
,wn tribunal fer determining the result
Il its election for presidential electors,
md when this tribunal has made its re-
urns the Governor IS required 10 certlty
he result of this election. The Vice
PRESIDENT lays all the papers before the
oint assembly.
In case any objection is made which
enders II necessary for the houses TO
cparately pass upon the question in
'olved, the determination OF the matter
must rest upon the judgment OF the
eturning board Of the State.
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