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SSSSSSS j ^ ^ ^ l? ^ ^ g~B! ? 1 ^ ^ ^ IjE wis Mi grist, Proprietor. J ^it |nicpcnbtnl Jamilj fUtosjnqjer: Jfor % promotion of % political, Social, ^griralfaral aab (Jommerrial Interests of t|c Soatjj. TEEMS?$3.00 A YEAB. IN ADYAUCE. m -i_ .' ^ ? . i . j '*, '1 '/; ' lv ' -? j i ? ' ? i i. ' '' . 1 ' . ;. .,..* '.. u11! 1 " jl"-k7<|i"1 11 1 ~i.L' . ..frffc'', 'iff '*' wwjmv'' ** '* * VOL. 22. YOEKYILLE, S. C'., THURSDAY, DECEMBER 7, i876. NO. 49. ? rings at the Capital From U>e Charleston New* and Courier. THE SOUTH CAROLINA LEGISLATURE. \ Columbia, Tuesday, November 28.?This morning, so anxiously awaited by the Democracy and so nervously by the Republicans, dawned upon a people whose nerves were strung to the highest pitch, not knowing what \ ~ a day might bring forth. There was no hitch in the arrangements, and the American people have the satisfaction of knowing that, for the second time in four years, a State Legislature has been organized by military force, and, / for the first time, in direct violation of the decree of the Supreme Court of a State. As I telegraphed you last night, the Stateboose was garrisoned quietly during the night by United States troops, and 'when I' went there this morning I found tbat no one was admitted who had not a pass from A. O. Jones, the former vlerk of the House, or from J. B. Dennis, the ex-superintendent of the Penitentiary, who sterns to be Mr: Chamberlain's special agent and representative. About 9 o'clock 6enator GordonV of Georgia, and State Senator Bradley T. Johnson, \ of Virginia, with Messrs. Beck and Jefferys, \ Democratic members of the Legislature, \ walked down to the Statehonse and demandad admittance. They found7 the rotunda filled with soldiers, whose arms were significully stacked around the- bronze statue of Washington. The two Democratic members presented their certificates of election from tn Supreme Court, and, under the order of B Dennis, who was standing by, the borporal of tin guard refused to admit them.. The whole Democratic members subsequently met ^EjHitf%tueos, and at fifteen minutes before 12 ^^^ Gfclrak the Democratic members from all the IH^nunfes. headed bv Mr. John C. Sheppard, ^HB^fTE3afiei<^ra^^e3^i]T-t<r^e--Stalehouse ^^^cloor, which was guarded by United States ^ troops aid Dennis. Mr. Sheppard asked for admittanle. Dennis asked if be had a certificate of elmtion from the Secretary of State. Mr. Shopnrd said, "I have the certificate of the Supredb Court of the State,'' Dennis said*"If yoihave not a certificate from.the Secretary of^Btate you cannot enter." Mr. Sheppard thenWid he would at least demand the right to rad a protest from the Democrats, which he brocefded to do, when he was stopped for a moment. Captain Kellar, U. S. A., who was k the door, then, after a con' ference, said this all persons with either certificates from the Secretary of State or the Supreme Court wonld be admitted, and Mr. Sheppard presented his certificate and passed in. The guard then examined the certificates one by one, aim the Democrats passed' in, being first askeif for their arpas. The Republicans were flowed to retain their arms. Geo. Hamptonfl am told, bad had an interview with Gem. Ruger, who changed the or,n nWnan an. a a fry a liner t tlO Dpmo UV?C fcw *1W VUlWVI O UW l?Q W MtiV * WMV ? ? cratic memhps to bypassed in upon the Supreme CourTcertificates. The Democratic members, having at last passed tb^guard and entered the lobby of the otatehoum, proceeded in a body to the door of the bairjr the Bouse of Representatives, with the megreers from Edgefield and Laurens at their rod, and demanded admittance, presently their certificates'of election from the fikatftSaprenie Court. Twelve soldiers, undo r* Me command of tfro officers, were stationed a? the door. The doorkeeper declared the <8op?mpCoDrt>,;fcertifieate8 to be tfisufficient credentials. The Democrats remained fifteen orjwenty minutes in conference, when a second application was made with a similar result. /A Democrat, who bore: a certificate from the board of canvassers, entered the hall and Jfound the Republicans already organized with y* the Speaker in the chair and the clerk at the f desk. He retired to the door and was refused egress until he threatened members with pros ecution for false imprisonment. An immense crowd gathered and the Federal officer asked Gen. Hampton, who was in the Statehouse, to - prevent the crowd from pushing in. General Hampton appeared on the front step and addressed the crowd as follows: "My friends, lam truly doing what I have done earnestly during this whole exciting contest, pour tag oil on tne trouoiea waters. 11 is 01 mo greatest importance to us all, as citizens of South Carolina, that peace should be preserved. I appeal to you all, white men and colored, to use every effort to keep down violence or disturbance^ One act of violence may precipitate bloodshed and d&solation. I implore yon then to preserve the peace. I beg-all of my friends to disperse, to leave the grounds ofthe Capitol, and I advise all oolored men to do the same, keep perfectly quiet, leave the streets and do nothing to provoke a riot. We trust to the law and the constitution, and we have perfect ihith iu the justice of our cause." The whites immediately dispersed, followed by a great many colored people. Having learned that the House had already organized, the Democrats withdrew in a body, only stopping at the door of the building, where the following protest was read by Mr. J. C. Sheppard, of Edgefield, in the presence of all the Democratic members, the officers and soldiers and a large crowd: Protest of the Democratic Members of the House of Representatives of South Carolina. Columbia, S. C., November 28, 1876. . We, a majority of the members of the House of Representatives of South Carolina elect, protest Sainst the refusal to admit us to the ball of the ouse of Representatives. We protest against the military power of the United States barring the passag'e into the State house of members elect to tbe Legislature. We protest against the legality of the proceeding, and especially against the Army of the United States being placod, for the purpose of this exclusion, under the command ot one John B. Dennis, a partisan orGovernor Chamberlain. >Ve protest against tbe said Dennis' instructions to the guard to admit no one to the Statohouse except upon his own pass, or a pass of A. 0. Jones, the former clerk of (be House, who may thus exclude all except his own partisans, and who, by the Republican programme, is to organize tbe said House. We have presented ourselves, with the judgment of the highest Court of South Carolina, certitied by its olerk, with the great seal of the Court attached, as to our right of participation in the organization of said House. We are refused, by the orders of the.said Dennis, admission to' the said hall, except upon his pass, the pass of tbe said Jones, or the certificate of Hayne, Secretary of 8fatej who is now under the condemnation of the Supreme Court for refusal to issue certificates in accordance with its judgment and mandate. In protesting against this barefaced usurpation, this tranyling on the laws and Constitution of the State, this defiance of the highest tribunal of the State, it is our purpose to offer no resistance to thia.armed intervention, but to make.our solemn appeal to the'American people, Without distinction of party. Onr veneration for law, our respect for the Supreme Court and the usage of all Legislative assemblages forbid our participation in such unprecedented and revolutionary proceedings. Signed by all tbe Democratic members, sixty-four in number. The Democratic members then proceeded in a body to tbe ball in the Southern Life Insurant* Company's buildiDg, and went into seanaaiAn Wilk tKam U70Q Rnuiiiih a Ra. qtov oohoivui vi i?u vibviu www a*vvmm ?*| ?. . > publican representative from Orangeburg, who withdrew from the ball of the House of Representatives with the Democrats, refusing to have anything to do with the organization of the Bayonet Legislature.. - The Republican members of the General Assembly, well provided with certificates from the Secretary of State, had no difficulty with soldier or civilian at the gate. They passed in with ease and comfort, and assembled in the the door being goarded bytWl B^pfShey numbered 59, only one oftbReedish of Orangeburg,^^^^g|ig. Their claim was that t^gf^HoooaT^rooeed* to work at once; as 59, ppnaa^wbilO wrt s^^orrtpr of the fall House of 124 memb^T is'd majority of a House of 116 members, thrnumber remaining while the members from Edgefield and Laurens are excluded from tbe*0aDt, At 12 M., 01t?5 A. 0. Jones called the V? { V-'- ;.?j;; i' 1 Bayonet House to order witb a rap of the gavel and said: "I hold in my hand an official list , of the determination of the State board of canvassers of those legally elected members to the House of Representatives of South Carolina. Members will answer to their names;" The roll was then called. From the Democratic counties no voice was heard, and from the Republican counties fifly-nine answered to their names, Mr. Reedish, of Orangeburg, alone being absent, of the sixty Republican membere elected. He, it is said, voted for Gen. Hampton at the election, and rather than pass under the Federal bayonets and be captured by the gang within the Hall of Representatives, he refused to join them, and joined the Democrats. Jones said: "Fiftynine members have answered to their names. One hundred and sixteen members have been chosen, of which fifty-nine is a quorum, and the House is now prepared to proceed to busi- | ness." ' 1 " The first thing in order being the election \ of a Speaker, E. W. M. Mackey and Nat ' Meyers, colored, of Beaufort, were nominated , for the position. After speeches from two or { three of the negroes on these nominations, the j - ? - -J .L- .1 1_ J 1 J .L.i' , vote was iaaen, ana toe uier* u?uiar?u iuai Mackey had received 57 votes and Meyers 2, and announced that Mackey was duly elected Speaker of the House. In this little proceeding was fairly exposed the important position of the clerk. John Lee, of Chester, declared to me, and to others, that be had not voted at all, which would have made the vote cast 58, which, according to their own estimate, is no quorum. Notwithstanding this, Jones declared that the whole vote cast was 59. Lee was told by a Radical, at the reporters' table, that he had committed himself, and he then tried t'd deny what he bad said. Mackey was then sworn -in, and made a little speech, in which he prated about the critical condition of affairs in the State, and the grave responsibility that he had resting on his shoulders. Hesaid that he would always aim to act with fidelity to the State, and with impartial justice to every man in the House, without respect to party. Then came the work of swearing in the members, and then was one's attention fully directed to the appearance of the miserable body endeavoring, by the aid of Federal bayonets, to usurp the government and place at ' defiance the Constitution of the State they, ? one by one, swore to uphold. Of the 59 mem- 8 bers constituting themselves a quorum, 5 alone are white men. ? A. O. Jones was then nominated for clerk of the House, and, having no opposition, was elected?so Mackey said. Henry Daniels (colored) was elected sergeautot-arms and r W. R. Marshall reading clerk. j A message was then sent to the Senate, informing that body that the House was legally ' organized and ready to proceed to business. A return message was received from the Senate, recognizing the organization of the House and declaring that the Seuate was organized, and had appointed Wbittemore, Green and Swails as a committee to join the House committee to wait upon the Governor and inform him that the General Assembly was organized and ready to receive any information from him. Palmer, Myers, Vanderpool, Ferriter and Reed were appointed on the part of the House to join the Senate committee. Straker, of Orangeburg, wanted to know under what authority the Houq&had been organized, and thought it proper that the infpr- j mation be furnished the members. The revolutionary manuer in which the whole proceeding had been conducted evidently struck this Bermuda negro with some force. Mackey then described the extraordinary position in which they fouud themselves, and after he got through it looked very much like a put-up job between Straker and himself to keep up the courage of the crowd. The chair, he said, "concurred with the ruling of the clerk, that fifty-nine members constituted a quorum and is sufficient for the organization of the House. Section 14, Article 21 of the constitution of South Carolina declares that each house shall judge of the qualification of its own members, and that the majority of each house shall constitute a quorum to do business. In the Constitution of the United States there is a similar clause. So that the Constitutions of the State and the United States both fix as a quorum a majority of its members. We contend that the majority of members chosen constitute a quorum. Fifty-nine is a majority of the members chosen to this House; the House having no notice whatever that any members were chosen from the counties of Edgefield and Laurens, the whole number chosen being one hundred and sixteen, and fifty-nine is a majority of this. This is our position." Thos. Hamilton, of Beaufort, then made a speech of some length, in which he said he was a Republican, but was disposed to see that justice was done to all parties. Under the Constitution of the State every county in Qtata woo Antitlarl frt PflnrfiQanfotlnn on/1 ^ bllV TT CtO vUtltlvU VV ? VJ/* V?WU VM?*WUy mum I he held that it was the duty of the House to decide, before they did anything affecting the interests of the people, whether the Republican or Democratic delegations from Edgeheld and Laurens are to be admitted. If the people of these counties are to pay taxes and be subject to the laws of South Carolina, they are part of the Stats and are entitled to representation He further held that the election of Speaker and other officers was illegal, as it was a proceeding affecting every county of the State, two counties of which had been denied a voice. Hamilton's speech was a bombshell, and Straker immediately took issue with him. All that they were doing, he said, was all right, and he cited the case of Piuchback to show that a Louisiana senator had been denied admittance iu the Senate of the United States. Hamilton still held his ground and contended that this wa3 no precedent where a county or j O + shtrv La/) i\Ann /]nn In/1 nnmA rnnt</iDrtnfo tinn uau ucqu ucuicu ouuig ivpicovubatiuu, and while one of the Louisiana senators had ' been excluded, the other was representing her in the nation. After further debate between Strakerand Hamilton, Meyers put an end to tbe matter by offering the followiug resolution : Resolved, That all matters of contest and protest be referred to the committee on privileges and election when appointed. Mackey then appointed S. J. Keith, R. D. Gaither, J. B. Johnson, T. E. Miller, A. W. Curtis, W. H. Thomas and John P. Vanderpool on the committee: stating that the committee usually consisted of eleven, and if the Democrats relented and joined in, he would leave place to give them a representation of four out of eleven. Contests were then filed by the Radical delegations from Aiken, Barnwell and Abbeville. Minort, of Richland, then offered the following concurrent resolution : Resolved by the House of Representatives, the Senate concurring, That the Senate and House of Representatives shall assenible in the Hall of the House of Representatives, at 3 o'clock, this day, November 28, and the Speaker of the House shall be their presiding officer. One teller shall be ap- , pointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened, by the Speaker of the House of Representatives, the returns ( of the election of Governor and Lieutenant-Governor, and said tellers, haying lead the same in the presence and hearing of the two houses there i assembled, shall make a list of the votes as they , appear from said returns, and the 8peaker shall 1 publish the same in tho presence of the two ' nouses, and, the votes having been counted, the i result of the same shall be delivered to the Speaker of the llouse of Representatives, who shRll, thereupon, announce the vote and the names of the persons, if any elected, which announcement shall be deemed a sufficient declaration of the persons eleeted for Governor and LieutenantGovernor. and, together with a list of the votes, be entered upon the journals of the two houses. If, upon the reading of any such returns in the {)resence of both houses, any question shall arise n regard to the counting of the votes therein certified, the same having been stated by the presi .ling officer, the Senate shall thereupon withdraw J, Mid said question shall be submitted to that body for its decision, and the Speaker of the House of , Representatives shall, in like manner, submifcsaid t, question to the House of Representatives for its g decision, and no question shall be decided affirm- t itively. and no vote objected to shall be counted * axcept by the concurrent votes of the two houses, b which being obtained, the two bouses shall im- p mediately reassemble, and the presiding officer shall then announce the decision of the question submitted, and upon any such question there shall v be no debate in either House, and any other quea- g don pertinent to the object for vnich the two 0 bouses are assembled may be determined in like V manner. Such joint meeting shall not be dis- " solved until the votes for Governor and Lienten- U int-Governor are all counted and the resnlt de- *1 dared, and no recess shall be taken unless a ques;ion shall have arisen in regard to counting any of u such votes, in which case it shall be competent for d sither house aoting separately in the manner here- . nbefore presented, to direct a recess not beyond . he next day at the hour of 1 o'clock, &.M. ^ The Senate having adjourned, the resolution 1 f o _?_!?1_ T* I o A was &meDaea irocu o ociuc* xuoouajr, bv ? >'clock, P. M. Wednesday, 29th instant. The tody then adjourned till 12 M, Wednesday. * The Senate met at 12 M., and was called ;o order by Lieutenant-Governor Gleaves. Thirty-three Senators (the entire Senate) were 1 oresent, thirty of whom were sworn in. The & Senators from Edgefield, (M. W. Gary,) Lau- & ens, (R. P.' Todd,) and Abbeville, (John C. tl Vlaxwell) were not allowed seats. The Sena- b ,or from Abbeville was suffered to submit his jredentials, but the Senate held that he bad e< jeen elected to fill a vacancy, and referred o: he matter of the senators from Edgefield, ? Laurens and Abbeville to the committee on b jrivileges and elections, consisting of B. F. IVhittemore, (Rep.Y Swail, (Rep.) Corwin, ol Rep.) T.B. Jeter, (Dem.) W. N. Taft, (Rep.) or iV. B. Nash, (Rep.). tl A committee, consisting of Whittemore, tl Sreen and Swails, were appointed to wait up- tl >n the Governor, in conjunction with a cons- bi nittee of five from the Bayonet House, to in- P1 orm him that the General Assembly bad or- tl janized and to ask if he had anything to subnit. C( The election for officers of the Senate result- ol d as follows: Clerk, Jos. Woodruff, who re- c? ;eived seventeen votes, Col. Stobo Farrow, the w Democratic nominee for clerk, receiving thir- tl een votes. R. A. Sisson, (Rep.) was elected st eading clerk. Green, (colored) was elected ol lergeant-at-arras. John A. Barr, (Rep.) was it ippointed assistant clerk. Adam Thorne and ilal WilliamB were appointed doorkeepers. The staudincr committees were then appointed, ind remain very much the same as last sea* iou.. ?j The Senate then adjourned till Wednesday e] it 12 M. ei G( Proceedings of the Constitutional Honse. d Columbia, November 28?Midnight.? The Democratic members of the House of n Representatives, who had been in secret cau- v< jus all day, since their withdrawal from the j*1 statebouse, raised the injunction of secresy to light at 9 o'clock, and proceeded to organize, .here being present sixty four legally elected nembers. By acclamation, Col. Hubert ildricb, JR, was elected temporary chair* nan. On taking his seat he addressed the d' >ody in glowing and patriotic words. After r< i scathing review of the revolutionary pro- ^ :eediug8, backed by the armed force of the ^ Uuited States at the Statehouse, duriug the lay, he said: "And we are called upon to ift up the mangled form of our Constitu- S ion and our State, and breathe into it new L md fresh life. Gentlemen, will we prove our- q telves equal to the task ? The courage, they oWearunce, the patience we have already g iliown, prove that we are equal even to this ?reat emergency, aud we will not fight alone. . When the news of what has occurred here tolay has flashed across this continent, and when the American people learn that the Military arm of the government, which is in- 0 [ended for the protection of the lives and lib- P jrties of its people, have stricken down the w Legislature of South Carolina, armed with , jvery credential they could possibly possijss, . [.he highest known in a Republican govern- 11 ment, the solemn judgment of its highest j* sourt; when that blow strikes the great beart of American freemen, its throbbing will be felt in every section of this land, and the burst of indignation that will follow will restore the liberties robbed from you to-day. o Be patient! Wait, and it will not belong ? before we reach the fruits of our labors." c Mr. John C. Shepperd, of Edgefield, was a then requested td act as clerk, and the chair- ti man then proceeded to call the roll of conn- <?i ties. c, The members came forward, presented tl their credentials and were sworn in by Judge ? T. H. Cooke, he being qualified from his posi- 1 tion to perform the office. When the county if Orangeburg was called, Mr. Reedish, elec- r< ted on the Republican ticket of that county, tame forward amid great applause, and was 8] iworn in as the rest. This gives the Demo- h jrats 65, a majority of 3 in the whole House, b Gen. Wallace then moved that the roll be it sailed to see if a quorum be present; but just <j it this stage J. W". Westbury, colored, of d Sumter, who had been present at the Bayo- a: lot House during the morning, and disgusted c< it their revolutionary proceedings, came for- ei vard and was sworn, linking his fortunes with tl he now triumphant Democracy. The chair a! ben stated that 66 legally elelcted members )f the Legislature of South Carolina being b iresent, and that number being a majority of a< he whole number of the House of Representatives of the State, a quorum was present, r( md the. House ready to proceed to business. Gen. W. H. Wallace was then nominated tl 'or Speaker, the nomination being seconded p; )y J. W. Westbury, and on the ayes and di lays being called, Gen. Wallace was unani- w nously elected, receiving 66 votes. Gen. W. H. Wallace was then declared to p( le the duly elected Speaker of the House of p; Elepresentaiives of the State of South Caroina to serve for the term of two (2) years, 0i md was escorted to the chair by Messrs. ]; Eteedish, Erwiu and Westbury. Gen. Wal- tl ace was sworn in by Judge Cooke, and, ac- X, :epting the position, delivered the following w iddress: h Gentlemen: I cordially thank you for the honor pou have done me in appointing me to the office 1 )f Speaker of the House of Representatives of the 1' State of South Carolina. I shall endeavor to disiharge its duties with fairness and impartiality. [ shall observe and respect the rights of every ,, aiember of the House; not because he may be a L Democrat or a Republican, but because he is a S member of this body and a representative of the ^ people of this State, and has rights which are entitled to respect. Our citizens have entrusted to ei lis high political functions that must be exercised a; Tor the promotion of high and worthy aims. Our ^ positions devolve upon us grave responsibilities qi ihat must be met with firmness, with coolness * md with deliberation. And now, gentlemen, invoking the blessings of Heaven upon the deli be- jj rations of this House, even to the end that its action may promote the public happiness, the pub- C( lie prosperity, and the constitutional liberty of a South Carolina, I thank you. Mr. John T. Sloan, Jr., and Mr. E. H. Hoi- ^ man were then nominated for clerk of the n House. The yeas and nays were called. The Q whole number of votes cast was 66, of which Mr. Sloan received 65, and Mr. Holman 1. ti Mr. Sloan was declared elected and sworn in and npfifppdpd to thf? rllltipH of his office. R. ! Allen Willis, of Colleton, and John D. Brown, 0 of Orangeburg, were then nominated for ser- u geant-at-arms. ' On the first call of the roll only 62 members answering, the chair stated a a qnorum was not present, and Willis was n withdrawn, and the roll called again with u Brown as the only candidate. The whole number of votes cast was 66. Brown receiv- j ed 66 and was declared duly elected. W. B. a Williams, of York, was nominated and de- i clared duly elected reading clerk. 0 It was then moved and adopted that a message be sent to the Senate informing that G body that the House of Representatives was sgally organiajd, and was ready to proceed d business. The Senate having adjourned, he message will be sent to-morrow. The lenate, by a vote of 17 to 13, recognized the iayonet House of 69 members this morning; j ut the Democratic senators gave notice of a rotest, which will be considered to-morrow. Mr. Robert Aldrich moved itot a commit9e be appointed to wait npon the secretary of ! tate, inform him that the House had legally 1 rganized, and demand that he deliver to ' hem the votes cast for Governor and Lieumant-Governor. Mr. 8heppard moved that he committee be allowed discretionary meas- j res, and to take such future action as they eem proper. This last motion was adopted, ! nd the chair appointed Messrs. Sheppard, 1 ildrich and Orr on that committee. i The House then adjourned till 10 o'clock, i l. M., Wednesday, 29th. i ublle Proceedings of the Constitutional House. | Columbia, S. C.,November 29?6 P. M.? < 'he Constitutional House of Representatives 1 let this morning, at 10 o'clock. Sixty-five \ lembers were present This being a quorum i le House was declared ready to proceed to u8!Oe88. The-Rev. J. H. Bryson, of Columbia, open1 the proceedings with prayer. The journal f yesterday was read and confirmed, and the irgeant-at-arms and reading clerk, who had een elected last night, were sworn in. Simpson, of Andfireon, moved that the rules f the last House be adopted for the governlent of the present House. Coit suggested mt a committee be appointed to report on iose rules. The Speaker said it was usual lat the committee on rules should report, ut as no standing committees were yet apointed, the motion as put would be declaifed le order of the House pro. tern.4 Sheppard, of Edgefield, stated that the >mmittee appointed to wait on the Secretary f State and demand the returns of the votes ist for Governor and Lieutenant-Governor ere ready to report. The Speaker said that le report was in order, and Mr. Sheppard lid: "We served a demand upon the clerk f the Secretary of State, of which the followig is a copy: State of South Carolina?The House of Representatives of the State of South Carolina to H. E. Hayne, Esq., Secretary State of South Carolina : Sib?You will please take notice that the House r Representatives of South Carolina was legally nnnii>A/l An Tii Ao/l(nf fKo Ol2fK 1 notont Viw fho IgniiKrCU UI1 X UOOUPJ t VUW MWHU liioVHUV) MJ ?MV ectionof Wm. H. Wallace, of Union, as Speak- , , anaJBtm-T. Sloan, 8rM as Clerk. We, the unabsiLigned, have been appointed a : iramittee to wait upon von and demand that yon 1 o forthwith deliver to tne Hon. W. H. Wallace, peaker of the House of Representatives, the re- . irns of the managers of election, and the state- I kents of the boards of county canvassers of the , otes cast for Governor and Lieutenant-Governor ' r the State of South Carolina, at the g&haraJ elec- , on on the 7th of November, 1876. '* ' J. C. Sheppard, Robert Aldrioh, James L. Obr." "The clerk (continued Mr. Sheppard) of , le Secretary of State, simply, replied that the * eraand could not be complied with, as the iturns had already been delivered to E. W. I. Mackey, and exhibited a receipt, of which | le following is a copy : House of Representatives, 1 i Columbia, S. C., November 28, 1876. j i Received of Hon. H. E. Hayne, Secretary o. ; tato, the managers' returns for Governor and j ileutenant-Governor, and also the commission- ( r? returns for State, Congressional, Circnit and ounty officers. A. O. Jones, Clerk House of Representatives S. C. < Attest: H. E. Johnson, Clerk Secretary of | tate. The report was received as information, and le House then, to d;8cuss the important mat:rs involved, went into secret session. Westbury, who was present at the meeting . f the House last night, did not put in an ap* earance this morning, and it is alleged he as captured by the Radicals last night. The Constitutional House, with 63 mem- 1 era. resumed its session at 5 o'clock. Noth- 1 ig*done, and the House adjourned til! 10 to- ' lorrow morning. Their action to-day has een strictly private. # 1 PROCEEDINGS OF THE SENATE. The Senate met at 12 M. Mr. Jeter, < Dem.) of Union, made an excellent speech n the concurrent resolution to unite with the i tayonet House at 2 P. M., for the purpose ol aunting the votes for Governor and Lieuten- 1 nt Governor under certain specified regula- ' ons. Mr. Crittenden, (Dem.) of Greenville, ontinued the argument. Both gentlemen i [intended that the Bayonet body was not : 10 House ; that it required a majority of the j hole membership of the House, whioh is < 24, to make a quorum, viz., 63. Corwin, (Rep.) of Newberry, made a few , iraarks on the same subject. . ! Mr. Meetze, (Dem.) of Lexington, made a iort speech, and in the course of his remarks anded a paper to the clerk of the Senate to e read. The acting president (Swails) ruled ' out of order. Upon this some scattering 1 iscussion took place, and Mr. Meetze with- I rew the paper and read it as a part of his rgument. It turned out to be a communi- ' itiou from the Hon. W. H. Wallace, Speak- ' p of the House of Representatives, stating 1 mt tKow hurl nroranirpH with fifi members 1 ad bad elected a speaker and clerk. Mr. Gabriel Cannon (Dem.) of Spartan* ' urg, delivered a powerful address against * looting the resolution. j Nash, (Rep.) of Richland, asked that the ' isolation be again read, which being done, j fash declared his unwillingness to vote for ^ ie resolution, on the ground that it was on* J recedeo ted to ptuw any motion forbidding 1 ebate. Nash proposed to strike out the lt ords which forbid debate. Senator Green, (Rep.) of Beaufort, sup- 1 orted Nash's motion, and the motion was J assed. ' Taft, (Rep.) of Charleston, moved to strike < at to-day at 2 P. M., and insert Friday at ( 2 M. Mr. Jeter, (Dem.) moved to postpone , ie whole matter until 12 o'clock on Friday. iost by a vote o? 16 to 13. Taft's motion 1 as then carried unanimously, and the reso* I ition as amended came up, and the concur* | ;nt resolution was concurred in by a vote of 6 to 13. J Mr. Jeter gave notice of a protest in wri- ( - . % *L. I ng, and tnen presemeo tne message irom me j onstitutioDal House to the president of the 1 euate, notifying the Senate that the House J ad legally organized with Wallace as Speak- 1 r. The president refused to receive it. An \ ppeal from the decision was taken and the ( ecision was sustained by a vole of 16 to 13. ' be message was then returned. ' Swails (Rep.) presented papers in connec- 1 on with the election of Senator in Laurens aunty. Referred to committee on privileges ( nd elections. ' Whittemore (Rep.) gave notice that he rould on Friday submit a bill relative to the I lauguration of Governor and Lieutenant lovernor. I Cochran, (Ind. Rep.) introduced a resolu- I ion to appoint a committee, consisting equal- ' f of both parties, to consider the coostituionality of the quorum claimed by the House | u the day of the organization. Laid over nder the rules. ! Swails (Rep.) offered a resolution to refer 1 11 papers of contest and protest to the comaittee on privileges and elections. Laid over _tva ...j IUUC1 bUO IUIWI Cochran (Ind. Rep.) introdaced a resoluion to appoint a committee to report the mendments to the constitution, proposed in he platform of the Republican party. Laid ver. Mr. Bowen (Dem.) in behalf of the Demoratic senators filed the following protest: In accordance with notice given yesterday, the undersigned senators of the State of South Carolina beg leave to place upon record this, our solemn protest, against ail proceedings by this body which in any degree recognizes the iegality of a body calling itself the House of Representatives of South Carolina, over which E. W. M. Mackey claims to preside as Speaker, and which met on the 28th instant and claimed to organize in the ball of the House of Representatives. The Constitution of'South Carolina makes eaoh House the judge of the election returns and qualifications of its own members. The Supreme Court of this State has by formal judgment deoided that the members from the counties of Edgefield and Laurens, who received the highest number of votes, were entitled to seats. These members have been refused admission to the hall and all participation in its organization by the armed soldiers or the United States^ who barred, with bayonets, tbe door ortne nan or nepresen waves, and actea as judges of the election retnrnB ana qualification of its members. We have seen the armed forces of the United States overruling the plain declaration of the Constitution of the State. We have witnessed the solemn mockery o 1 the Kiard reviewing and reversing the judgments of e highest Court in the State. We nave seen the spectacle, humiliating in the last degree to every right-minded American, of the halls of the Legislature occupied at the hour of midnight by United States troops, and holding them against the ingress of the law-making pow9r, and this at a time of the profoundest peace, ind when not a single act of violence furnished the slightest pretext for the usurpation. We nave seen the still more humiliating spectacle of United States troops having bod* placed under the Immediate control and receiving orders Prom a citizen without authority, and a partisan of the present administration. We have seen this citizen assuming absolute control over tbe capltol of a Commonwealth, and admitting through the lines of armed sentinels his own partisans upin his own edict or written pass, while another citizen was selected by his partisans to organize a House of Representatives. We have seen this body of partisans thus admitted claiming to organize the House, but withont a quorum in vio-, ( atlon of law, in defiance of the Supreme Court, ?nd under the protection ol the' United States ;roope. We therefore enter this our protest against any recognition of the said body pretending to be the Souse of Representatives of the State of South ^arolinajand for the following reasons: First. The said body having organized without t constitutional quorum, there being but nembers present, as shown bv its own journals, litiBHiia a matnrltrr nf >ho ont.frn ranrmAntAtinn is equisiteto a quorum to act?sixty-three members?as set forth in the journal of the Houses luring the past eight yeirs, and as confirmed by he immemorial practice of legislative bodies in ivery American State; and we do further allege, >n our responsibility as senators, that the said x>dy Is still wlthonta constitutional quorum, and iherefore wanting in the organic character of the Souse of Representatives of South Carolina, and >ught not to be recognised as such. Second. That said resolution was adopted by ;he Senate before announcement was made of an irganization by any House of Representatives. Third% That in fact and in truth no legal and effectual organization of a House of Representatives vas, at that time. made. Fourth. That the body of men claiming to be a Souse of Representatives, and frfim which the innouncement of said organization comes, has lot and cannot organize, by reason of the non-exatenceofa quorum. Fifth. We further and finally protest against ;he said adoption of said resolution for this reason, .bat we have since received official notification of ;he organization of the House of Representatives iow sitting in Carolina Hall, where a quorum of egally constituted members does exist, and of which body Hon. Wm, H. Wallace has been electid Speaker, and John T. Sloan, Sr., Clerk. 3. Cannon, : _ T. B. Jeter, W. A. Evans, -R^E. Bowen, A. P. Butler. J. M^Williams, 3. S. Crittenden, Wm. L;-Buck, 3. A. Meetze, R. S. Howard^.. J. W. Livingston, I. D. Wltherapootu._ 8enator Cochran (Ind. Rep.) submitted^the following protest: As Senator, I do solemnly protest against any rurtber communication with the House of Representatives sitting in the Hall of Representatives, until it be ascertained whether or not the said body is composed of a lawful quorum, as well as the jausee preventing the same. A protest was filed by Y. J. P. Owens against the admission of Todd^gRDemocratic Senator from Laurens. The Senate adjourned till at 12 M. Proceedings of the Bayonet House. ^ i i \r - jLI nn j UOLUMBIA, weanesaay, lsoveraoer m?* P. M.?The Bayonet House met at noon. Westbury, who was sworn in by the Constitutional House last night, was in his seat. The unexplained absence of Hamilton, of BeauFort, left the concern, however, without their to-called quorum, only fifty-eight members being present. Near 3 o'clock Hamilton juddenly appeared, and was received with considerable emotion by the members. As at a preconcerted signal, the committee on privileges and elections, appointed by Mackey yesterday, suddenly appeared and submitted the following report: The committee on privileges and elections beg leave to report that the committee having had the sase of contest from Barnwell County before them, Fred Nix, Jr., Scipio Bennet, Silas Cave, A.. S. Jackson, Wm. Brabham, who claim to be the lawfully elected members of the House of Representatives of 8outb Carolina, from the county of Barnwell, South Carolina, and upon evidence submitted to your committee we find that the said Fred Nix and others are the legally elected members from said county of Barnwell, and antitled to seats in the bousp of Representatives is members thereof. All ofwhich is respectfully submitted. Signed: Wm. A. Thomas, Chairman, Keith, Saitber and Vanderpool. Johnston, Curtis and Miller refused to sign the report; but as there are only seven men on the committee, a majority have signed the report. Immediately the rule to adjourn at 3 o'clock was suspended. Meyers, colored, held that ;he report should lie over, and made such a motion, but the motion was lost, and the report immediately taken up for adoption. Meyers and Hamilton, of Beaufort, made long and earnest speeches against the adoption of the report, and did all they could to jet the matter delayed. Hamilton said he snew the whole thing was cut and dried, and ;here was hardly any use to talk against time. Ele protested against the conduct of the committee in presenting such a report without evdence, and no authority at all, but the "sayio" of the defeated candidates themselves. The Democratic members from Barnwell, he taid, had received certificates from the Secretary of State, and had been adjudged elected ay a Republican board of canvassers, vyho certainly would not have so declared if they jould, by any means, have acted differently. After Hamilton had concluded his speech, i W. H. Thomas, the chairman of the committee on privileges and elections, called the previous question on the adoption of the resort. The call was seconded? and Miller, of Beaufort, (a member of the committee,) askid for fifteen minutes' time, which was granted. He said he had refused to sign the report because be thought the Democratic contestees ought to "have been heard before the committee; but he had determined since that it was their own fault if they were not there, ind he was prepared to vote for the report, rhen followed the usual indecent harangue. Straker, colored, read one affidavit, and said be had fifty more to the effect that the Republicans were kept away from the polls at Allendale and went to Beaufort to vote. [Whether they did vote or not was not stated.) Ferriter, of Sumter, asked to be allowed to vivo hia reaanna for voting against the report. &" * * ** " " " ~~ * D U 4 He warned the members solemnly against pressing the measure. "I am (he said) a Republican of longer standing than any present, even since the days of John C. Fremont, and I speak to you now as a Republican. We are nothing more than a Rump Parliament at best, and now, when the legality of your organization is being contested, I beseech you not to do tbia which will be the last straw that will break the camel's back. The eyes of the whole country are upon us. Pass this iniquitous measure, and the moral support of the Northern people, upon which alone we rely for countenance, will be withdrawn, and those bayonets withdrawn from yonder door. I say unto you, Beware!" In conclusion, he entered a protest against the measure, which he thought was unconstitutional and void. His speech seemed to have some effect, which was speedily counteracted by a short and in -1 7V'*' : flamraatory speech from Thomas*'and cries of "question. Ferriter demanded a call of the House, evidently hoping that no quorum was present; and Mackey, after consulting with the clerk, ruled that a call of the house was not in order, after the call of the previous question until the Speaker had ascertained for himself whether a quorum really was present. (Note: It is always in order.) Hamilton now boldly rose to a point of order, claiming that the House was trying to exclude the real members from Barnwell, and that a two-thirds vote was required. Mackey instructed the clerk to proceed, and ruled Hamilton out of order. Hamilton : "I call for the yeas and nay* This thing won't do." Ferriter insisted upon his demand fdr a call of the House, when a call was ordered and the doors were barred. Fifty-nine members were found present, and the vote, when ta ken, stood 45 yeas and 14 Days, so the report was adopted. Mackey then said that, if the gentlemen from Barnwell were present, they would please step forward and be sworn in. Five big black, vacant-faced negroes, in dirty-shirts, headed by Fred Nix, appeared at the desk. While waiting for the oath, Thomas, of Newberry, moved to reconsider the vote and lay that motion on the table, thus clinching, as far as that concern could. the infamous and unconstitutional act. Tne Barnwell negroes were then sworn in, and Mackey said: ''The gentlemen having been sworn in the sergeant-at-arms will provide them with seats ;" and.they were . Beated. Hamilton gave notice that he would file a protest against the proceeding. The House then adjourned till 12, Thursday. pjsiorg si f. tafc HISTORICAL SKETCHES : ? OF THE ' t\ ' Early Settlement of South Carolina. BY BBV. EOBEET LATHAB. THE BATTLE OF COWPEN8 AND IT* RESULTS, INCIDENTS, Ac. It is natural for us to dwell with special delight upon the worthy deeds of our ancestors. By an instinct whicbjjqpt&ng but death can overcome, we cherish the^pot that gave us.birth. The exile from his native land revisits, in dreams, the play-grounds of his child- > hood. In his lonely cell, thoughts fill bis mind which may be expressed in this short sentence r^'Take roe home to die." If we may innocently love our native land with an intensity which no oppression can destroy, may we not also as* intensely love those who gave us existence and bequeathed to us that native land ? The part which the Sooth took in the Rervolutionary war is not understood by the American people ; at least, it has never receivedthat prominence which it justly deserves. The battles of Lexington, Saratoga and Benjjj^gton, together with an almost countless^numbcr of skirmishes whioh took place in the North, form the woof and warp of Revolutionary history> whilst the battles of King's Mountain andCowpSbapre treated with silent neglect. British officers did not ' think these battles small affairs, which might be forgotten in a few days. Lieutenant-Colonel Tarleton, in speaking of the fall of Ferguson, deliberately declares that the discomfiture of the British, at King's Mountain, pot * n#?rir>H to the first exoedition of the British into North Carolina, and the aflair of the Cowpens overshadowed the commencement of the second with gloom. It is easy to see,according to all human probabilities, what would have been the result had Ferguson been victorious at King's Mountain. Cornwallis would have formed a junction with Gen .Leslie, at Portsmouth, and in that event it would have been impossible for Gen. Washington to have concentrated troops to resist either Cornwallis or Clinton. The British camp would have swarmed with loyalists, whilst the American army would have been annihilated by desertions. Had Tarleton been victorious at the Cowpens, General Greene would have been, ruined. Cornwallis could have either cut him off and forced him to surrender, or run him into the arms of the traitor, Arnold. The loss of either King's Mountain or Cowpens, would have lost to the Americans Georgia,, the two Carolines and Virginia, and ultimately all of the thirteen colonies. It must be remembered that the victories gained at King's Mountain and the Cowpens, forever broke the spirits of the tories and j loyalists from the Han to the Savannah. As we will see in the sequel, this class of citizens , lost all confidence in the King's troops to pro- I tect them. These were no idle fears. It was - i - . J-J?-j. a 1 a deli Derate codciubiod aeuucou xruw ntuw. At King's Mountain, the British lost abso- , lutely every thing, and the Americans comparatively nothing. At the Cowpens, the British lost in killed and prisoners near as 1 many men as the Americans had in the Jbattle. The news of tbeee sad disasters spread J amongst the loyalists from Cross creek, North , Carolina, to Augusta, Georgia. Dreadful , was the consternation which it produced ] among the friends of King George. On the 1 other hand, joy and gladness filled the hearts 1 of the friends of liberty. "'Perhaps most of those military chieftains , who have learned all their theories of war , second-handed, would be ready to censnre both Campbell and Morgan. Ferguson was well posted on a craggy mountain. He was well provided with men and the munitions of war. The patriot baud who attacked him, were self-made soldiers. They knew little of the science of war as taught in the schools. The same remark will apply to the heroes of the Cowpens. Colonel Tarleton was certainly a brave man and a skillful officer. His men were well provided with every thing that such a corps required. General Daniel Morgau, the principal. in command at the battle of the Cowpens, was one of those men whose real character is likely to be misunderstood. There are multitudes - ? < i-i i J ii of tbe human iamuy wnp nave learueu mean, of selling themselves for more than they are really worth. In a social and moral point, of view, they appear to be better than they really are. They put on airs and look wise and pre* tend to be good and wise, and the mnltitnde, in process of time, accord to them all that greatness and goodness which they claim. To this class of men General Morgan did notbo* long. He was a better maa m every respect than he appeared to be. By birth he was a native of New Jersey. His ancestors came from Wales. In his veins, no doobt, there^ was some blood which the CsoBars could not* subdue. His parents were poor, and onable to bequeath to their son anything bat a life of toil. His education was neglected as was the qase with many others in those days. In j.748, when young Morgan was in his seventeenth year, he left the humble home of bis parents and came to Frederick county, Virginia. He engaged with one of the wealthy planters, of that region, as a day laborer. Even at that early period of his life, he contemplated, by indostry and proper management, bettering his condition in life. The planter made "him his nttgdner. Morgan so increased his means that hi the expedition which General Braddock led against the Indians, and in which he was killed, he accompanied the army, driving a wagon of his own. Poring this expedition .of Braddock, Morgan incurred the displeasure of a British officer and was sentenced to receive five hundred lathe*. After the punishment had been inflicted, it was discovered that Morgan was hot guilty of the crime for which he had been i < . 1 i i.L'. VT- L so crueiiy iresna. At we nue, aiur^au who the indignity like ft stoic, and in after life manifested no resentment toward British officers whom the fortunes of war placed in his hands. The whipping was performed by a bugler, who discharged the duty with great reluctancy. In his excitement,lie made a miscount, inflicting only four hundred and ninety-nine lashes. In speaking of this, Morgan was accustomed ever afterward to say ,, that "the British government owed him one lash yet." , Physically, Morgan was a giant ; He was not quarrelsome, but had no incflnVtion to keep down disturbances. He was.afc one time a noted gambler, and at the same time disposed to work all sorts of mischief on bis associates. If so happened that Berryville, the town which he frequented, was so noted for the fist and kail lights in which he and his associates were engaged, that it wu known in the remmumty by the name of Battletown. In these fights Morgan always came oat best All this is calculated to give us an unfavorable opinion of the hero of the Cowpens. .We most take into consideration the civilisation pf the times. One hundred years ago, a frolio withouta fight, was no frolic at all. We must not conclnde that a man who wonld fight any and every body in the community who wanted to fight, had no influence.'.' Bach was not the case. Morgan possessed groat influence in the neighborhood of Berryvilie, and raised, soon after the difficulties, fat ween the Americans; end British commenced, a rifle ooinpan v of near one hundred men, which had no equal in the American army. It is not our purpose, however, to write a biography of General Morgan at presen t The manner in which he arranged'*!)* forces under hia command for battle, at the Cowpens, was, as a military man of no moan &mo has said, "masterly. A little inddentr which4arelated' by himself as having taken place on the- eve of battle, gives an insight, into the moral character of Morgan. When he was an old man, broken down with rheumatism, he would often exclaim, when speaking of;the past': "Ah! people said old Morgan never was afraid? old Morgan never prayed. They were mistaken. I trembled at Quebec, and in the alpom of the morning, when approaching the fort at Gape Diamond, I knelt down in the snow and prayed! Before the battle of the Cowpens, I went out into the woods, and having i ascended a tree, poured oat my soul in prayer to God, for protection." - The men of those times were often mnch better at heart . tbnu ifaey-B^Jpeafed to be. They had work tp do, and He who manages everything bad fitted them for their work. r One of the prominent actors in the battle of the Cowpens, was Colonel William Augustine Washington. On that occasion, Col. Washington was in-command of the cavaliy. These were less than eighty in. number and were placed in the. rear, and composed-the. main guard. As we have already seen, at the moment the discerning eye of Washington saw the British cavalry charging in disorder upon McCall's militia, he dashed in upon them. This, together with a well du "ted fire by the militia under Howard and sickens, struck terror among the troops of Tarleton. They commenced to flee in the utmost confusion. Tarleton did everythingmortal man could do to restore order, but ail in vain, ms mranwy threw down their guns and surrendered, and his cavalry^ deaf to the threats and encouragements of their officers, fled in confusion in' every direction.. The fleld was cleared of every Britton in a few minutes. Washington, impetuously, dashed forward far in advance of his men. Tarleton, with a few officers, still lingered on the margin of the battle field. A body of forty cavalry remained with Tarleton as a gnard. "The rest, unmindful," as Tarleton says, "of their doty, had left their commander unprotected." So soon as Tarleton saw Washington alone, he ordered his bpdy guard to wheel about and charge upon the single horsemen. In a moment, Washington was surrounded by British dragoons. A band to hand figbt Wan. A struggle' for life ensued. One of Tarleton'? aids aimed a blow with his sword at Washington. At this important juncture of affairs, an American sergeant dashed forward into the conflict, and with a well goided blow, disabled the arm about to strike his commander. At the same moment, another British officer, on the opposite side of Washington, was aiming a blow at him with his glittering blade. A little bugler, by thename of Ball, whose arm was too weak to wield a sword, came op as cue moment when all depended upon promptness of aotion, sod with a pistol, wounded Washington's as* sail ant. Tarletoo and Washington were now alone, standing face to face. Tarleton, discomfited, but sfeili brave, made a thrust at the head of Washington. The blow was warded off, and as the heavy saber of Washington glided down the sworaof Tarleton, it indicted a wound on the fingers of Tarleton. Some authorities say that some of the Aggers of Tarleton were cut off This statement ia probably exaggerated. After the battle of the.Cowpeus, when the British army was on its way to Yorktown, Tarleton waa entertained at tha house of an American Whig: The ladies were lond, and perhaps a little tantalizing, in their praises of Colonel Washington. Tarleton could not bear to hear any one speak favorably of the man who had driven him off the field. To _ mortify the feelings of the ladiee, and in this way get revenge, Tarleton remarked "that he had always understood that Colonel Washington was a very illiterate man, who could scarcely write his name." Mrs. Jonee, a daughter of Colonel Montfort, of Halifax, V.rfli riannlina TBaa nnunt fln Win ai X^UIVU voiv?iUW| nwu y vwvmw "VW wvvw Tarleton had finished his remark, Mrs. Jones replied with keen emphasis; "Ah! Colonel, you ought to know better, for yon bear on your person proof that he knows very well how to make his mark." ^ On another^ occasion, Tarleton,.inconsiderately, was speaking disrespectfully of Washington. With a <kind of-saroastie sneer he said, "he; would be gladtaseethat Colonel Washington, abtwt whom thn Americans Mrs^Ajh^1 U? oth (l h ** at dm battle of Cowptttfe Colonel Tarpon, ing his hand on his swordmaaifeeted^ggg^H present saying, at tbe.jsmeju^KiP^H^MBHI what you pleaseJfiKg^^^^B^^HHH knows