New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-02-07
TILLMAN'S GIGANTIC BLUFF.
THREATS TO PREVENT THE INAUGURAL
TON OF MAJOR M'KINLEY
WHAT HE AND OTHER SOUTH CAROLINA MEM
BEERS OF CONGRESS SAY THEY WILL DO If
THE VOTE OF THEIR STATE Is
CONTESTED IN THE Er.EC-
TORAL COLLEGE.

SVNIbsIrD IN The ri'rC-
ToRAL COLLEGE.
Washington, Feb G-The publication OF the
fact that G.. w. Murray the coored Repre-
sentative from the LIST District Of South Caro-
lima. intended to protest against the counting
OF the electoral vote Of that State at the joint
meeting OF Congress on Wednesday. engaged
the interested attention OF Mr.. Murray's col
leagues, all Democrats. to-day, and several in
formal conferences were held at which Senator
Tillman was present After one Of these Mr.
Tlman said:
IF Mckinley Is going to be inaugurated on
March the joint convention has got to count
the vote OF South Carolina. II the Republican
party wants to make an attack on the Con-
stitution Of the State It must make It on some
other ground or in some other manner than by
endeavoring to prevent the counting OF her
vote. ! wish TO go further" he said. "and ex-
press my preference for seeing Mr. Mckinley
President than TO see the Presidential function
exercised by Mr. Olney. as 1t will be after
March II the effort IL made to deny South
Carolina the right to vote This has been my
feeling for long time past"
Mr. Murray was said to base his proposed pro-
test on memorial numerously signed by COL
ored residents Of South Carolina. reciting that
the Constitution OF the State violated the XVIII
and XVIII amendments of the Constitution Of
the United States and the law OF 1861. providing
for the admission q South Carolina into the
Union and that IL was invalid because 1t had
not been submitted to lie voters OF the state
for their approval
Mr. M'LAURINS OPINION
Representative J. L. McLaurin, OF South
Carolina who has held the office Of Attorney
- - tbo ctata tray objections
this afternoon to a reporter for the United AS
ISOLATED Presses He said: THE Constitution
~ South Carolina is valid Constitution al
though not submitted to the people for ratit1ca-
tion II has never been the custom in the state
Of South Carolina to submit its new constitu-
tions to the people for ratification. The only
instance IN which this rule was varied from
was in 1868 In many OF the other States their
constitutions haze not been so submitted Inc
act of the Legislature OF South Carolina, calling
the Constitutional Convention Of lS''o, did not
require the ratification Of its work by the peo-
pie Besides this Constitution was at once ana
ever since has been recognized by all the ue
partments of the State government as the or
ganic law OF the State"
Discussing the objection that It violated tne
act OF 1861 readmitting the state INTO 'he
Union, by deprving certain citizens OF the rieht
Of suffrage Mr.. McLaurln called attention 10
tho fact that the United States Supreme Court
had decided in more than one case that the
States which were parties TO the Civil war
never lost their Statehood, and stand to-day III
their original attitude as States OF the union
with undiminished right OF autonomy ana WITH
acknowledged republican form OF government
and therefore that the law referred to was NOT
| binding.
go too" said Mr.. McLaurin. must the op-
lection fall that the Constitution is repugnant
"a the XVIII and XVIII Amendments OF the
Federal Constitution The right TO vote is not
ann y, tho privileges or immunties of citizens
of the United States within the meaning OF the
XVIII Amendment The XVIII Amendment
docs not confer the right Of suffrage but the
State alone can confer that right 1t simply
invests the citizen with the right OF exemption
from discrimination TO the elective FRANCHISE
and that protection is limited by its own ex-
press terms to the single discrimination on ac-
count 'of race color or previous condi'ioh vi
seryitude The provisions OF the ConS,ltulloh
of South Carolina clearly make no such discriihi-
nation: but on the contrary. by their pam
meaning apply to all citizens alike. Inc sp"
cihc qualifications for suffrage nrst. as 10 inc
oualincatio OF registration. and second as 10
tho required registration itself-are Valld ana IN
nowise forbidden. Besides the state or Sou'n
Carolina four other States have constitutlonaI
|
voting namely: Colorado. Connecticut. Massa-
chusetts and Wyoming.
HE BACKS UP TILI.MAN.
Mr. McIaurn said that the members from his
State desired to have It understood distinctly
that II Congress was led into making any con-
test over the vote Of that State. the proba
were that Mr. Mckinley would not be inaugu-
rated President OF the United States on March T.
III Congress is going into the merits of the
vote Of South Carolina" he continued, steps
will he taken 10 that the votes or Northern
| States concerning the validity or when mucn
| doubt has been expressed. notably the vote oi
ohio will be investigated before those electoral
| votes are counted. We have fair elections In
| South Carolina. ,,
afternoon that the advertised protest will not
be made Mr.. Murray expressed great doubt OF
his ability to get II into shape IN time TO he
effective THE memorial he said, upon when
| will have to base 1t has not yet been received
here although when was in South Carolina
last week they promised to send 1t TO me on
| "Wednesday OF this week at the latest. / shall
consult with friends In the House and deter
| mine upon my course OF action after the memo
rial has been received. My contention Is that
the result OF the election as shown In the return
made 10 the Vice President, is not an honest ex-
preston OF the will OF the voters or South Car
DINA"
METHODS OF MAKING A PROTEST.
Senator Hoar. chairman Of the Committee on
the judiciary, declined TO express In direct terms
his opinion Of the policy OF making the proposed
protest The act OF February s. 1884, he SAID
clearly prescribes the method OF proceeding when
objection Is made to counting the vote OF any
state. and although It had never yet been tested
! he believed il would work out all right.
"All objections. he continued, shall be IN
writing. clearly setting forth their object, and
! without argument and they shall be signed
| nv at Ieas one Senator as well as at least one
| Representative. 1t Is further provided that no
| returns shall be rejected from any state unless
there Is more than one return ana when 'nei ne c
| orc moro than one II Is directed that those only
| shall be counted which shall have been regularly
| given by the electors who shall have been chosen
! according to law. Each state provides us own
,rhunaI Sor determining the result OF It's election
! FOR Presidential Electors and when this tribunal
has made it's return the Governor Is required TO
! certify the result OF this action. The Vce-Presi-
dent laws all the papers before the Joint assem-