Newspaper Page Text
CYRUS 8. OBERLY, Editor.
f am anxious to go out rl the newspaper
and printing business into anotlier busi
nctMndUicrclore offer the w''o Bci.i-R
Tt! Printing Establishment machinery,
type, buildings, and good will rf the
newspaper and Job ofllce for sale upon
the easiest kind of terms. This news
paper and fob printing establishment U
tbe boat appointed one in Southern Illi
nois and Is a money-making concent.
Any one who wishes to engage In the
business will tir.d this to be nn excellent
Inquire at the Bctt.KTUi flic', tt Mr.
E. A. Burnett.
Oct. 1870. Jons II. Oberlt
THE GRAND TALLY.
flow tm Otnat the r.lerlornl Voir fer
President and iee-PrlWnl.
The (Iriirtnnl Inception nnil Political
hjeel of lh Twemljr-"l-tiI '
liaeolB'a KleftMsa; mt 1MWV The Pow
er of OtRKrrin-l'nntrmpi
(from the t. Louis Times )
The Twenty-second joint rule hnd its
origin at a peculiar period in our polit
ical history. Although the war was
drawing rapidly to a close, and in some
cases Uie machinery ol the local govern
ments had been restored, in the spirit ol
the constitution and under the forms of
law, eleven .states were, still claimed to
be In an attitude of insurrection, and the
daring them, was still unrevoked. They
occupied an indctenuined statu In rela
tion to the Federal Union and their ad
missibility to the doctoral college.chosen
in November 18C4, was a question of
serious moment to the party in power.
It was no time tor hazardous concessions
to the conquered provinces of the South.
A long period of probation and the pol
icy ol repression had been determined on.
Hence the necessity ot some more com
prehensive and dellnite rule than had
hitherto been in vogue for counting the
votes, ascertaining their validity and pre
venting disloyal encroachments. It was
THE WORK OF A HEPIBLICAN CONGKKS.S.
Intended as an additional safeguard to
Republican interests, although there
were many Democrats then as now, who
concede the equity ot the rule and the
constitutional right to create it. It was
the assertion ot something more than a
ministerial authority over the count and
provided for contingencies that had never
before arisen or even entered into the
- calculations of previous congresses
Whether any material disagreements
would have taken place concerning the
vote had uo such rule been adopted is
not a matter of much uncertainty. Ills
more than probable that the cfltivass
would have boeu concluded without eon
troversy, both houses being largely Re
pullean and the doubtful states excluded
in advance by virtue of a joint resolu
tion. The rule, however, having been
accepted, thereby acquired the quality ot
law, which without any further legisla
tion simply by the tacit acquiescence ol
congress it retained for the two next
ensuing presidential elections. The leg
islative history of the rule from its adop.
tion to its attempted abrogation in the
senate la full of interest; and in order to
get a clearer understanding of the ques
tion we first append the substance of
THE KVLK IISELF.
It provides for the appointment of tel
lers, "To whom shall be handed, as they are
opened by the president of the aeuato,
the oertiticates of the electoral votes ; and
said tellers have read tlio same In the
prcseuce and hearing ot the two houses
ttien assembled, shall make a list ot the
Votes as they shall appear from the said
certitlcates ; and the votes having been
counted, the result of the same shall be
delivered to the president, who shall an
Then follows this :
"If upon reading any such certificate
by the tellers auy question shall ariso . In
regard to counting the votes therein con
tained, the same having been stated by
the presiding officer, the senate shau
thereupon withdraw, and said question
shall be submitted to that body for lis
decision, and the speaker, etc., shall in
like manner submit said question to the
liouse, etc., lor U uecieiou. Aud uo
queitiou shall bo decided ufllrinatively,
and no vote objected to shall be counted,
except by tbe concurrent vote of the two
bouses, which being obtained, the
two houses shall immediately re
assemble, and the presiding- oflicer
shall then announce the decision of the
question submitted; and upon any such
question there shall be uo debate in
J-KKVIOUS l SAUK.
It has been the custom of congress for
ov r seventy years, or ever since 1703,
t) appoint a committee, prior to the
counting of every presidential vote, tor
lhe purpose ot "ascertaining and report
ing" a "mode of examining the votes."
This was done by concurrent resolution,
aud while the methods thus agreed upou,
were little more than ionualltles con
forming to the simple requirements of
the constitution, it is instructive to note
that an "examination" as well as the
counting of votes w as provided for, Im
plying that congress uniformly assumed
tbe right of passing Judgment upon the
. validity of the returns. la pursuance ot
this usage the following joint committee
was appointed at the session of l-;i-GG
to prepare the customary rule :
On the part of the senate: Mr. Trum
bull, of Illinois ; Mr. Conness, of Califor
nia: Mr. William Wright, of Xew
On IIm rinrt ttt Ilia tmui Mcora Kin.
. veus, of l'tuut) ly aula ; Wasbburne, of
Illinois ; Mallory, ol Virginia ; Dayls, of
Maryland, aud Cox, of New York.
1 beelrcamstaneet that shaped or mod
t&ed tbf acUoa ol this committee will be
better comprehended by considering the
On thel!Uh of December, 18V ;Mf. '
Wilson, of lown, Introduced a Joint reso
lution to the effect that no electoral votea
should be received Irotn the" States of
Alabama, Louisiana, Mississippi, North
Carolina, South Caroliua, Tennessee,
Texas and Virginia, which wa referred
to the Judiciary committee.
On the 30th of January, 18C5,Tlr. Wil
son obtained the unanimous consent ot
the house to report the resolution back
from the committee.
M r. Mallory, of Virginia, a member of
the house committee on .rules, objected
to the Joint resolution and mado an un
successful endeavor to substitute for it
a resolution from bis committee, which
he claimed would civer the whole ease
more satisfactorily and obviate tne neces
sity of excluding any state from the dee
torial college by name.
This was substantially the same ns
the -Twenty-second joint rule,, with the
exception that it made uo provision for
the separation of the two houses upon
any question of disagreement. It was
not entertained, htfwcver, and the Wil
son resolution was passed.
On tho 1st of February It was intro
duced in the senate, Just a week before
the electoral vote was to be counted.
A long debate ensued, occupying sev
eral days, in which Mr. Ten Eyck, of Xew
Jersey, was particularly conspicous in
his opposition to the exclusion of Louisi
ana, claiming that this state, then under
the governorship of Michael fl aim, reg
ularly elected, was fully restored to the
Union nnd entitled to a voico in the elec
tion ot president and vice-president. Mr.
TenEyck's position was strcnously coin
batted by others on tho ground that no
state could be relieved of its insurrection
ary relations to the government, except
ing bya formal revocation of the presi
dent's proclamation. So the Joint reso
lution was agreed to on the 4th of Febru
In the meantime, evidently in doubt
whether this resolution would meet the
approval of President Lincoln, the spc
ial committee on the counting ol the elec
toral votes, had prepared a rule, which
was introduced on tho Cth of February,
by Mr. Trumbull as a matter upon which
the prompt action of congress was "in
dispensably necessary." It did not con
llictat all with the joint resolution just
before adopted, but in case the latter did
not receive the executive sanction, would
have answered an equally effective pur
pose and enabled the disfranchisement of
auy 6tate which It -was deemed expedient
to exclude from the college.
Two days later, all doubts that existed
as to Mr. Lincoln's views were removed
by his message to congress in whieh he
mr. Lincoln's mkssaok.
To tho Hon. the senate and house of rep
The joint resolution entitled "joint re
solution declaring certain states not
entitled to representation in tin electoral
college ' lias been signed !y tue cxecu
tive, in deference to thu views of con
gress, implied in Its passage and presen
tation to him. In his own view, how
ever, thu two houses of congress con
veiled under the Twelfth article of the
constitution have complete power to ex
dude from counting all electoral votes
deemed by them to he illcind. Ami tt is
not competent for the executive to deleat
or obstruct that power liy a veto, as
would be the case if his action were at all
essential in the matter. He disclaims all
right ot the exueutive to interfere in any
way in the matter oi canvassing or
counting electoral votes, and he also dis
claims that by signing said resolution he
expressed any opinion on the recital of
the preamble, or any judgment of his
own upon the subjeet ot tne resolution.
Executive Mansion, February 8, ISGj,
AX OBJECTION lO THE RI LE.
The rule submitted by Mr. Trumbull
became tho Twenty-second Joint rule.
but not without some objections. Imme
diately upon its introduction, Senator
Cowan, of Pennsylvania, remarked :
"lhere is one difficulty In tho way. It
is provided by this concurrent resolution
that whenever a question shall arise as to
the counting ot any vote, the houses
shall separate and separately consider the
matter. ow, suppose that the uuesnon
is, whether the vote of Louisiana shall be
admitted. Tho senate retires to its cham
ber and decides that it shall. The house
of representatives organizes and decides
that it shall not. How is the question to
oe uetermineur '
AN SXrLKIT AVSWKR.
Mr. TrnniDull thereupon replied : "It
fulls of course. The rote eoiM wt e
Mr. Cowan was not satisfied with this
solution of his conundrum. He thought
there was a fundamental mistake in the
rule. In his opinion It devolved upon
the two housva jointly. to decide ques
tions of this character. It was evident to
him that they were assembled with some
Joint power and authority In the prem
ises. They cannot be supposed to be mere
idle and indifferent spectators, because in
such a ease the votea might be counted
separately in the separate chambers.
Therefore ho thought the provisions ob
jectionable. Either one of the houses
could disfranchise a state, according to
its own construction of the rule.
Mr. Trumbull suggested that the con
;urrent action of the houses was entirely
practicable aud tixAl'tottiinilUet of confer.
tnee might be resorted to, in order to
bring about an acceptable adjustment of
their controversies. Such questions, he
said, had to be decided somehow and
this rule aflordod a feasible mode. The
idea that the two bouses could vote tn
masse, like a public meeting, was not to
be entertained, because the constitution
provided no means for such a process of
action. Their action must be concurrent
rather than Joint. The only way in
whieh the two houses can act Is indepen
dently ol each other. As to the occur
rence of factious or violent proceedings
under the rule, he deprecated the possi
bllity Only through parties Intent upon
revolution could such an exigency arise
and then all rules would be without avail
It is to be observed that Trumbull
neither by language or implication ex
pressed the opinion that the president ol
the senate bad any voice lu the determi
nation of disputed points, as Mr.Mortou
has 1nocsuggcstod. II the two houses
cannot agree there Is an end to pcacelnl
arbitration. o third 'party f agk Inter.:
veo a an&mplr.! "'!
, At the conclusion ot tbe debate, which
was very brief,' the rule was adopted nmf
passed the house on the same doy.
THE Itt'LK COSTtXCKS IN KORCK.
- Mtth? more Is beard of lh? Twcnly
seeond Joint rule for about tea years, ex
cepting that It was complied with as the
rule ol the two houses In 169, and again
lit 1873 Tellers were appoiMcd one
by the senate and two by the liewe and
the vote counted as usual. At the meet
ing ol the two houses on the occasion of
the election of Presldeut Grant, various
objections to the admission of certain
Votes were submitted and discussed at
length. Iu tho senate Mr. Edmunds
moved that the electoral vote of Georgia,
east for Horace Greeley, bo not counted.
Mr. Thurman moved to amend by strik
ing out the word "not," nnd the amend
ment carried. Mr. Conkling " moved
another amendment to this f fleet t
"The function of the two houses, in
counting the votes, being iii(trial
merely, and the question being indepen
dent ot the effect of tho vote or count."
This amendment wnt rej'cttd in. the
mint:, by a vote of thirty-two to thirty,
and among those resisting it ns not in
order, were Senators Anthony, Edmunds,
Ferry, Iogan, Schurz nnd Trumbull.
On the 20th of January, 1875, Mr. Ed
munds introduced in the senate a bill to
provide lor and regulate tho counting of
votes for president and vice-president,
which was referred to tho committee on
privileges and elections.
On the next day Mr. Morton submitted
concurrent resolution which was or
dered to lie upon tho table and be prin
ted, that the Twenty-second joint rule of
the two houses be, and the same is here
by, repealed, thus showing that the op
erative existence ot the, rule was still
On the Cth of February following, Mr.
Morton from the committee on privileges
nnd elections, to which had been referred
tho bill and concurrent resolution above
referred to, nsked leave to be discharged
from their further consideration, and
under instructions from the same com
mittee reported a bill upon the same
subject, to provide for and regulate the
counting of the votes for president nnd
Vice-president ami for the decision ot
questions arising thereou, which passed
to its second reading.
This bill came up for consideration on
the 24th of February and again upon the
2."th. upon which it was discussed at
ereat lenjrth and passed by a vote ot
twenty-eight to twenty.
It was in course ol tlusuebate, upon
the question of appointing tellers, that
Mr. Thurman expressly gave it as his
opinion that all questions arising lor de
cision "must be decided by the tiro houses
THE COUNTING OP VOTES.
In regard to the counting of votes it
was generally admitted that this was to
be done by the tellers, but as Mr. Frel
Ingnuysen remarked : . really
under iliC sufiervisim and in Jaet by the
two houses." There were no objections
to this construction of the bill. Again
Mr. Frelingbuyscn said :
'I believe that the tribunal to count
votes, is the representatives of the peo
ple in congress assembled. "We have
provided for tellers. We liave provided
that the two houses shall be present, the
votea hanlna been counted of course by the
two houses, the ministerial duty, the work.
being performed by their ttyen's, the, tel
Nothing was then said or thought of
conferring the authority to count or su
pervlso the vote upou the president ot
the senate or any other official.
Said Mr. I'.Iorton : "The tellers are to
perform the mechanical, ministerial part
ot the work ;" and the bill then under
consideration provided that if any objec
tion was made to the count of a state the
question should be left wholly to the de
termination of the two houses, diflering
from the Tweuty-sccond rulo chiefly in
requiring the concurrence of both houses
to destroy the vote of a state, instaead of
giving this power to either of the two
Said Mr. Frellnghuysen further : "The
counting must be left to the two house?.
. t0 tktcrmine what are
voittwlto has a riyht to vote."
Said Mr. Morton again : "Objection
may be made to the vote of North Caro
lina, and tite two houses separate and
vote upon It; and under the rule as it
now stands, if either house sustains tho
objectiou, the vote of North Carolina
goes out, and she h disfranchised lias
uo more a vote than If she was a tern.
tory. This is what we are proposing to
correct, uut this is the conclusion of
the thing; after having gone through all
the stages, determined how many rotes
shall be counted antt how many rejected,
the iist is handed to the president and lie
announces tue result."
Coming to the difficulty presented in
ease ot double rrturns from any btate,
Mr. Thurman said :
I navo saw mat unuer tne lirst sec
tion oi tne pin mure can be no proper
adjudication between two conflicting re
turns, lor tho whole tiling would depend
upon the aetiou of tho presiding otilcer,
upon the mere fact of which return he
oiened first. Then something must he
done for a ease where there are two con
flicting returns ; and what can you do
but to require the two houses to consider
each ot those returns aud then determine
which ol them shall be received."
Mr. Edmunds held that the appoint
ment ot a Joint committee to consider
such cases of conflict would be tbrrcad
leet method of arriving nt their determi
Mr. Morton ejected to this plan as "a
coutrivance unknown, utterly wanting
in analogy in anything common to our
system of government," and said;. '
"This bill provides that if an objection
Is made to an electoral vote, the two
bouses shall separate and consider the
question. J f it is a forgery out and out,
there is no doubt but that it would be
obji-cted to. Ji both houses concur in re
lectins; tiie vote, the state is dUfran
chlsed. It they do not, then the vote is
to be couuUhI. But there Is oris case
that Is provided lor in thU bill, a case
for example, where there are two rival
government In a state, or where there
re two sets oi electors, both ctrtltled to
in the same form, where there may be aa
actual controversy, as there bas been lu
some of the states, aud two tets of re-
turns are sent here. How will- you set
tie t hat r This bill provides that when
that question coniei , up It shall
be. referred to the tw hotues, aud
that return which shall bo the. genuine
return aee.onlinr to the totes' of 'both
houses, shall be eoantcd.M V
This part of the bill wns amended so
as to provide that only that ret'UjsJiaU
be counted wh1eTi T!ic houses,' acting sep
arately, shall f neh decide to lie true and
Mr. Stewart, of .Neyad.'v.iobjecte! to tho
bill with much force as liable to lend to a
revolution where two sets of returns
were in controversy. He was in luvor of
repealing tho Tweuty-sccond rule, nnd
leaving the question where tho constitu
tion had left it.
THE CONSTITUTIONAL l'lttVlLKtil'..
Iii regard to the right of the two houses
to make rules to govern its proceedings,
Mr. Sherman said r
"We may put this joint-rule In the
form of an act, and yet the two houses.in
the execution ot that ministerial duty,
may adopt any other rule they may see-
proper. If we put our joint rule, the
whole of it, iu thu form of law, the con
stitution gives to each house tho power
to make rules for its own government
and the power to make Joint rules for the
government ot the two ' houses. That Is
a constitutional power, and the Forty
third congress cannot deprive the next
congress of the power of making rules to
suit itself. The senate can make any rule
it pleases that affects its mode of proceed
ing, ami no law can afle.ct it, and the next
senate may change it. fso with the house
of representatives. The . right to make
tho rules of each legislative body Is Inher
ent in every parliamentary body and Is i
expressly guaranteed to it by the consti
tution or tue Lnitcd Slates."
As above stated tho bill finally passed
the Rennte and there dropped. We have
alluded to thediscu3sion, not for the pur
pose ot criticising a measure that was
manifestly defective, but to make it more
apparent from the opinions expressed,
that with the two bouses, acting concur
rently, resides the constitutional power
of counting the electoral votes and deter
mining their validity. That Mr. Mor
ton's theory of rejecting no vote without
the concurrence of both houses is less
equitable than the principle of tho Twenty-second
joiut rule, by which tho con
currence of both houses Is required to
count a vote, hardly admits of argument.
BUT TIIK TIMK9 HAD CltlXGKB.
The party necessities that existed In
18G5 had shitted front. Another rule was
demanded that should surround Repul
lican intercuts with a safer bulwark. Mr.
Merriman, of North Carolina, expressed
it exactly when lie said: "In the next,
conyrets 1ifre will he a very large tnnjorify
of Democrat in the lower house there will
be a Republican tnnjority in the senate, and
it looks very much as if the purpose was to
create a check, a negative ppnn the Petto
TIIK NKXT MOVF.MKNT.
On the 10th of January, 1S7C. a resolu
tion from the committee on .rules previ
ously introduced by Mr. Edmunds, was
reported back, providing that the joint
rules of the senate and house in force at
the close of the last session be adopted as
the joint rules of the two houses lor the
present session, the house of representa
' Mr. Morton, whoso failure to pass his
pet measure had In no wise discouraged
him, was promptly on hand with a mo
tion to amend by striking out the Twenty-second
On the Hth of January, Mr. 'Bayard
offered ns a substitute a Joint resolution
providing that the committee on rules of
each house bo instructed to examine nnd
niter concurrence, report what amend
ments, it any, were necessary to the ex
isting joint rules.and especially what leg
islation was expedient in regard to the
matters considered in the Twenty-second
Mr, Morton's amendment was adopted
on the following day.
On the 11th of February, Mr. Bayard's
substitute came up for consideration but
no final action was taken on it, the He
publican senators virtually killing it with
amendments and robbing It of Its concur
rent character, by having it referred to
the committee on privileges and elec
tions. Some points of interest, however,
are connected with tho discussion.
Mr, Edmunds for Instance admitted
that the Twenty-second joint rule "had
its origin on an occasion when a Joint
resolution of the two houses was pending
before President Lineoln on the subject
of the Insurrectionary states. It was
feared that the president might not ap
prove of the resolution, nnd that thj day
for counting the votes would come on be
fore it would be known certainly whether
he did or not."
Hence, as before stated, the interposi
tion of the new rule as a measure of pre
caution. " .
Mr. Morton objected ol course to Mr.
Bayard's resolution aud called attention
to the fact that his bill that failed in the
house, the session before, was still upon
tho tiles of the senate, 'l itis bill ho in
sisted covered the whole ground. It
abolished tho Twenty-second Joint rule
and established a saler method, protect
ing states against disfranchisement and
providing for a limited debate, so that no
vote should be rejected without due oun
sldeiation. - ,.
SIOinON'li RU.L again, '
- Promptly upon tho first day of the last
session, Mr. Morton .was on hand with
his favorite measure again and it went
upon the tiles as senate bill No. 1. It
was discussed at various times and finally
passed on the 21th ol March, 1S7G, bv a
vote ot thirty-two to twenty-slx. Mr.
Thurman, who voted lor the bill, still
had serious doubts as to thu sufficiency ot
its Provisions for a doubled set of returns,
and moved a reconsideration. This mo
tion was adopted April I'J, and subse
quently the bill was ordered to be en
grossed for a third reading. On the 5th
of August Mr. Freliughuyseu moved to
reconsider tho motion by whieh tho bill
wan ordered to a third readi.nir. In order
to afford the opportunity for uu amend
ment ol the same objectionable features
suggested by Mr, Thurman, but no no
tion was taken, and the bill was then in
formally laid aside.
TliK SUMMING VI'.'
.This rapid retrospect embraces all the
legklalUxt that has been had during the
last ten years, in regard to counting Uie
electoral vote ; and it will be seen that uo
definite conclusions, npon whieh to erect
a . permauet system, have Z been
'tVf HAT .NEXT
: -a A -..,
DICTATOR GRANT ABANDONING
ALL DISGUISE, TRANSFIXES
- S(WH 'CAROLINA 'WITH
: !.! ";Vf
An Act of Usurpation
Which Should Cost
( iGrant Sis Office?
And For Which There
is Not tho Slightest ,
Tho Purpose for Which Troops
are being Concentrated at
to" be Treated tho
Republicans Having Enough
Fraudulent Returns Com
menco the Florida
Which Shows a Majority of 42
for Hayes on the Face of
Cut which the Democratic Com
mittee Can Show Honestly
Give 1,000 for Tiiden.
Underhand Work Attempted
by the Louisiana Returning
Com .wkia, Nov., 2. There N great
excitement here today. 1'nited States
troops have possession of the ttatc hoiwc
and have refused admission to the Tldge
llel 1 aud Laurens delegation.
M3UC AUOI.'T TIIK TROOrs.
Ciurlktox, Nov., 2. -At 'midnight
the state Iioufo in Columbia was occupied
by federal troop who camped In the ro
tuuda und kept the doors barred.
This morning a cordon of sentinels
was formed around the building and ad
mittance denied to nil except thow; hav
ing pascs "from Governor Chamber
lain's private secretary, W. II. Jones.
The strccUvof Columbia are crowded
with people from all parts ol the state.
Quiet reigns but the excitement is in
tense. New York, Nov., 2S. The lLraU'4
Columbia, South Carolina, dispatch says
General linger arrived there at ten
o'clock last night and at midnight tim e
companies ol United States Infantry
were quartered in the state house.
The Hemocratlc members of the legis
lature held a caucus yesterday and last
night to select candidates for speaker
and other officers.
Colcmma, Nov., 2S. No one was al
lowed to enter the state house this
morning unless on a pass from Mr.
Jones, clerk of the late house, or Mr.
leuuis, superintendent of the peniten
tiary. About nine o'clock General Gordon,
United States senator from Georgia, ami
General Johnson, stto senator of Virgi
nia, with Messrs, 1'eck and Jeffreys,
members of tho legislature, demanded
admittance to the state house,
Th3 rotunda was filled with troops
aud arm stacked around Washington'
SIcmbers of the legislature exhibited
their certitlcates from tho supreme court
of their election and the corporal of the
guard refused them admittance, under
orders of Dennis, who was standing by.
Tho Democratic members then met in
caucus at about 11:15, and proceeded in
a body to demand admittance.
AY IXTEBVIKW WITH VEXKUAL KCOhlt.
In tho meantime General Hampton
had an Interview with General lluger,
who then changed the orders so as to al
low any one to pass the sentinels who
claimed to bo elected members of tiie
Under this change of orders all the
members are now being admitted slowly
as the corporal of the guard examines
Members are thus admitted to the
state house but not to the hall of the
senate or houso ot representatives.
The Democratic members of the house,
after gaining admixsiou to the state
house, proceeded to the door of the
house of representatives with the delega
(Ton from Kdgefleld and Laurens at their
bead and demanded admission on the
ccrtiiicates of election taken from the
record of the supreme court.
Six soldiers were ranged on cither side
of the approach to thu door, with two
olticcrs in the center. Tho certificates
of the Kdgefleld an i Laurens delegates
being presented were decided Invalid by
the door-keepers, vvhoreupou the entire
body o Democrats withdrew.
The assembled in front of the shite
home, Iroin the steps of which the fol
lowiny protest was read iu the presence
of military and citizens :
Coli'mbia, 8. C, Nov. 28. We, a ma-
lorlty ol tho members of thehouserf reu.1
SuTl "of pr-cibiuvr We Tro.est I
Against the military power of the UnltetV
Mates barring tne passage into um ntnto
noiiso of members elect of tho legisla
ture. We protest against tho legality of i
the proceeding,, and especially. agafnst
the" hrmy of the Limed States being
placed, for the purpose of this exclusion,
under the command of one John lt..len
ni, a partisan ot Governor Chamberlain
We protest against the slid J rTnls' in
structions to the guard to adnflt no one
to Uie state house except upon his own
pass, or a pass ol A. O. Jones, former
cler ofithe hoaft'Jrtt ho maflhfls exclude
nil ajrceptftl u;irtifc'ius,-iupl wlio.bj
tbe llsirtibjfijrrtf program irtu, U to organ
ize said house. V) e have presented our
selves with the judgment of tne blgbest
court of South Carolina, crrlllled by Its
eh-rk, with tbe great scid of 'the court at
tached, ns to our right to participate In
the organization ot said house. We are
refused, by orders of said Dennis, admis
clonjto sni'il hall except upon hi pns or
pass of said Jones, or crrtilleate of II. K.
lliync, secretary of state, why is now
under condemnation of said court tor his
refusal isuo certitlcates In accordance
with its lodgment and mandate. 'In pro
tecting against the barefaced nsurpatlon,
this trampling on tho laws and constitu
tion of the state, this ih-llance of the high
est tribunal of the state, it Is our pnrpoe
to offer no resUtitnec to this armed inter
vention, but to liuikc our solcuin appeal
to the American people without distinc
tion of partv. Our vcnoratlon for law,
our respect for the supreme court and the
usages ot all legislative assemblages for
bid our participation in such unpreee
dented and revolutionary proceediiif.
Signed by nil the Doiuacratv tdxty-
rour lu numiter. '
THE RADICALft OIK1AMZEH.
Cm.t MMA, S. C, Nov. 2S. Tho Dcm
ocrallc members before they reached the
door of the stato house thi-t morning sur
rendered all their private arm. One of
the Democratic incmler, who bore a
certificate of tho board of canvassers,
went iu the hall and found tho ItrpuulU
csn already organized With a speaker In
the chair nnd clerk at the desk. He re
turned to the door and was refused egress
until he threatened prosecution for fal-e
Win. II. IleddNh, a prominent Repub
lican member, refuses to enter the hall
with federal bayonets at the door, and is
now acting with the Democrats
' r.r.N. Hampton's mt.uch.
During the excitement created by the
refusal to admit the Democrats an im
niene crowd had assembled In front of
the state house, when the Federal ollleer
in charge approaehed Gen. Hampton,
who was in the state house, with a rc
cpiest to prevent the crowd from pu.h
ingin. Gen. Hampton Immediately np
pcarcd upon tbe trout steps of the capi-
tol and addressed the crowd as follow
MvKhieis: I am truly doing what
I have done during this w hole exciting
contest pouring oil on the troubled win-
tcrs. It is ot the greatest Importance to
in all, citizens or South arohna. that
peace should be preserved. 1 appeal to
you all, white men and colored, ai Caro
linians, to ue every i libit to keep down
violence or turbulence. line act ol vio
lence intiy precinitatc blood-bed and des
olation. I implore you. then, to i n
serve tbe peace. I beg all of my Iriends
todisper.se to leave the grounds of tbe
cupitol. and 1 advise all the colored men
to do the same ; keep perfectly quiet
leave the Krccts and do nothing to pro
voke a riot. We trusi to the Jaw und
the constitution, and we have pcrlect
litith in the jutiee ot our cause.
, The whites immediately ili-rn r-ed and
and their conduct was followed by
great many eoloied people.
The Democratic members, after leav
ing the stale house, met together for
consultation, and vrithout taking any
action, adjourned till I p.m. Tin
Mr. Itcddi.-h, n Republican member ol
the legislature floniOmngeburs?, left the
Republican house with Hie Democrat',
refusing to have anything to do with the
organization ot that body.
There are only three whites in tho
house of representatives as organized
the i.ec.isi.ati he oitr.AMi:i.
Com'.miiia, S. C, Nov. 2-v The Dem
ocratic members elect to the house of
representatives met at 7 p.m. iu Carolina
ball. Sixty-four 1 democrats and two Re
publicans participated and were sworn
in by J udge t oou. 1 be , nouse ' organ
ized and will claim recognition to-mor
row. This leaves fifty-eight members in
the Republican house, or one less than
the quorum claimed by them, and five
less than the number whieh the Demo
crats claim is necessary for a quorum
Kach house will demand of the secretary
of state the returns of the vote for gov
THE SITI'ATION I.Asr MOHT.
Ail is quiet to-night, the supreme
court has not yet decided the question
ot counting the electoral vote.
OI'KMM. AMI HEADING Jill; MAM T AC
Tl'ltED ICETl HNS.
i ai.i.aii asjsee, S. l lie canvassing
board met to-day ut 10 o'clock, and iu
the presence of prominent men of both
parties, from this and other states, broke
the seals of the olllclal returns from
thirty-eight oountlcs--thoso of Dado not
having been received.
It is not probable that this was tho
first time the seals were broken, us tho
report from liaker county, whieh is cer
tified to by two of the county olllciul as
given a .Democratic majority of SO, ap
pears now to be Republican by 41, i Trite
is n iraiui wiueii can Do proven ami will
defeat the claimed Hayes majority of 42.
The vote as east up by the board is aa
follow.-?, DaJe county not being in
cluded : .
Democratic majoi ilies Ricvard 53,
Hradford 601, Calhoun 152, Columbia
15, Clay 1C1, Franklin 70, Hamilton 2!7,
Hernando 41", Hillshoro GUI, Holmes
21, Jackaon 1W, Lafayette 217, Liberty
CI, Levy 2S0, .Manatee ;230, Monre 07,
Orange 701, Hutnian 20, Polk 450, Santa
Rosa 050, St. Johns 103, Sumter 334,
Sawanee ICS, Taylor IG'J, Vulusla, 274,
Wakullu 174, Walton 582,;Washington
2S; total 7I1S.
Republican majorities Alachua "17,
Raker 41. Duval UJ0, Kscambic 175, GU
den 405, Jell en on 0lt Leon tX iUii
son 410, Marion I'M, Nassau 135 ; total
"4'i0; Democratic majority 7113; Kcpub
lloan net. 4i : mil i; u;i !4lU'
This inclu Jes a shameless manipula
tion of the llcpubltcan uiajoilty lit Ala-
.1 im rnniilv which was T?-There Is
as reported for week, to , 71.. .
ttf f Mein In tbe possess
ofjthu Merooornue committee iu mi
boxes were opened after the first count.
was made and the- required .number ol
Itepubllean votes vast nnd the poll-books
doctored in correfpo'mi.'' "
" In Manatee county tbe clerk ran away
and refused to tVgitcr anybody. Gov
er'ndr tftenrna refused to apiolnt another
clcrK, as h bad. by. Jaw. the right to do
and so there was no refrlsfration in a
comity whrtfthcre Is at IqatfArjQftfemo-
rajlcsunijfrlty. At 41 Waf 23u?ol the
otn oirmtd trtrt tftrrr' ear their
votes, proved they bad previously been
registered nnd were still legal voters, and
sent on a properly authenticated return.
If the voters allowed, as we iMeve it
wiilb1, and the Alachua county vote Is
purged, as it should be, we will have a
majority of nearly 100. Our majority in
llaker county alone, If accepted, at the
testimony shows I It Jwwestl toje.iwlll
destroy the Radical laioi of 41 and 'give
itrotho Democrats by nearly 100.- At
torney-General Cocke Is a staunch Dem
ocrat, and I think the werctarv of state
is disposed to be fair. There isn't a par
ticle ot doubt -that,. If the vote were
counted as tt was cast we would have a
majority of over two thousand. The Re
publicans gave notice ot contest 'hi a
dozen counties, and the Democrats of as
many more, and to-raorretv the struggle
over them will commence. The Ik-mo-crats
have their testimony all perfected
and arrayed, and it seems to me impossi
ble to lie disregarded. The return from
several of the counties have undoubtedly
been cooked. Of the counties specifically
reported to the Democratic committee a
week ago, but two as reported, to the
board correspond, aid ibqstf arc? Mon-
roe, 67,' and Leroy, 2s0. All the others
claimed by the Democrats are reduced,
some by 5 and others by 150 votes.
r The fire counties ot Urevsrd, Calhoun,
franklin, Dado and -ttoltnex, which were
estimated by tbe Democrats to lisve iven
a Democratic majority oN"0, by tue olllclal
returns show a Democratic majority of&5,
without counting Dade, wldeb It not yet in
n& whVeii will increase ft twenty 'more.
Tbcre li a not been time to doctor these re
turns; they came lu o late. On the other
hand Ml tlic Republican counties bbow an
Increase over tbe Inrmeilj reported majori
ties or.rd7, just enough beln taken off of
one act and added to another to give a Might
ra-liea' preponderance. If the tnny doc
not inU-ti-ro and tb.f it anything like jus.
tie fit tlei llu ths contented votes the
TilJen eh-ct'Ts w ill have a majority of at
Tiir. iti.e i kmao no A HO.
New Oki.ean, .Nov. 2s. The itetornlnK
boar. I .net to-day, all tbe member and the
Republican and Democratic committf c and
counsel present. General Anderson made
another personal explanation,
Jud-.'e Spoir-jnl suggested that tli board
sboull give an order to rotii-l the super
vior of the following farisfies to band tu
their return, viz.: Franklin, Urant, LI v.
in-ton, ltTetlc and Tanjjtpoboa, 4udtf
Spoff'jrd remarked that in these prtsht-s
there were Urge Democratic majorities.
fiateruor WelU slid the board wan, en
tirely Independent of the mpervl-ors.
JuJ;;c SpolotU-.lt It In the powei' of
these tive superviors, by withholding, con
trary to Isw, tbe returni or the parl-be
where the Democratic majority is 2,000, to
make or unmake a president or governor?
iov. Wells if tbe return- are uotb.ro
the votes cannot he counted.
Mr.Uaulhrleaux aked If certified copirt
in the distiict courts could not l produced
as tbe uw rrovided for tbe ue ol these,
copies when U genet al" Yetrirn were lost
or could not be prepared.
Ciov ernor Wells baid be had already
ruled on that point und thought it was un
necessary to any more about It, as copies
have Hot been received.
Mr. tiautbrieaux an I Judge FpoHord
ured the necessity of ordering the super,
visors to make their returns.
(ioyernor Wells replied that he would
gie tbe order if the returns were not pro
duced by Wednesday.
Colonel Xatharlo tiled a motion to tbe
eflovt Ibat twr ntydour bourt hut ing elapsed
the party proposing interrogatoriet shall
fix thu time, place and name of tbe United
States 1-oaituWsioncr to take testimony ; that
be shall notify eouusel on the opposite side
twenty-four bourt in advance, to that both
may be prcs-nt whoa testimony It being
The motion was overruled immediately.
The board then went into executive ses
sion. lu executive session were inspected tho
returns from the remaining wards in the
city and from threo parishes. All of
these were laid over lor future action, and
tho parish of Ouachita was taken up,
much to the surprise of the Democratic
counsel. Last Raton Rouge being the par
ish fixed tor to-day. Four negroes were
introduced as witiicssess on Republican
behalf, and were examined orally by tbe
board according to Interrogatories.
The board ruled in the first place that un
less tho Democrats bad cros-liiterroga
torics they would not bo permitted to ex.
amine tho witnesses orally. Finally, af
ter remarks by the Republican and Dem
ocratic visiting committees tbe board
commuted to allow the cross-examination
of witnesses by the Democratic commit
tye. Thu tesRuiqny of.thowjtnopsen was t
as to intlmVlatlorfanddufrakre's, and they
were very dilluso In their statements.
The Democrats will introduce rebutting
testimony to-morrow, when the consider
ation ot tho Ouachita case will 1 be re
sumed. ESTABLISHED 1M5.
WILSON, . EGGLESTON CO.,
. . , Ucalcrt la , ., , .
Flour, Grain, Seeds, it Provisions,
81 WEST CANAL STREET,
tJT Conalk-nmeuU solicited.