University of South Carolina Libraries
mumu_u . i..J-.u JAS. A. HOYT; I E. 5. 5SiTHHAlT? j E41COMU THURSDAY MDRNIHQ, JAN. 25, 1877. lins no chanco without a 8upr?- me Court of his own, and so it has for one time told the truth. Poor pretending Gover nor Chamberlain does not own a Supreme Court himself, and therefore his organ begins to see that he stands r.o chance. The Supreme Court of South Carolina doe? not belong to any one, and therefore acts according to law. That is the reason the pretender cannot establish bis gov ernment. The Union-Herald tells us that tho value of land in Florida has increased. This is another instance of thc benefit of J Democratic rule. Even the beginning of it has been of financial advantage to the people of Florida. As soon as Ex (Sov. Chamberlain fails to have the sup port of federal bayoneta in his preten sions in South Carolina, similar blessings will shower down upon our people. May that glorious day Boon dawn upon this much oppressed and over-burdcr.od land. The Bill for counting thc Electoral vote, which we publish elsewhere is a compromise measure, and involves in it a sacrifice of principle to a certain ratent, as is generally the case in all political compromises. It abrogates the clear in tention of tho Constitution, but is proba bly the best measure that can be secured nt this excited state of the two contend ing parties. Wc trujt it will secure, if] passed, an honest count and declaration of tho true vote, and that Samuel J. Til den, the people's choice, will be our next | President. The Union-JTerald says that Governor Hampton docs not have to offer a man a chromo to induce him tu accept office under his government. Of course not. Every sensible man knows that tho Hampton government will succeed, and then his officers arc sure to continue in their positions during bis administration. Poor Chamberlain is not so well off, for the public recognizo the met that his prospects are continually weakening, und therefore even a chromo could not induce prudent men to incur tho responsibility of exercising an illegal office. UNITED STATES SENATORS. Hon. Eli Saulsbury hus been unani mously re-clcctcd *Unitcd States Senator from Delewarc. The Republicans have re-elected James G. Blaine, of Maine; Thomas W. Ferry, of Michigan, and Wm. Windom, of Min ncKsotn, to the United States Senate. Ex-Governor A. H. Garland has been imoscn United States Senator from Ar kansas, to succeed Powell Clayton, (Re publican,) whose term expires on the 4th of March. Eleven Republicans voted for Garland, tho Democratic candidate, und only eight for his opponent. Ex-Uovcrnor Ishnm G. Harris has been elected United States Senator from Ten nessee for the terra of six years from the 4th of March. Harris is a mau of fine abilities, and his friends claim that he will make ono of the roost useful and con servativo members of the Senate. James E. Bailey was elected for the short term on the seventy-third ballot.. GRANT'S LOUISIANA POLICY. The sudden and unexpected interfer ence irs Lonisiana by President Grant was a great surprise to the whole coun try, und it seems that his action was not understood even by his party friends in that State. Packard mado haste to issue a proclamation against the Nicholls gov ernment, which was mere brulem fulmen unless sustained by the power of the bayonet. Subsequent events convinced Packard that Iiis action was hasty and inconsiderate, for the troops were not placed at his disposal when he mado thc demand for assistance. Grant's order was issued after the must urgent entrea ties from his political friends, who insis ted that the Packard government would instantly disappear, unless moral strength was caine "! by the interference of the general government to prevent it. The conduct of the Democrats in pledging fairness, kindness and equitable treat ment toward the colored people, and the unanimity with which the tax-paying element rallied to the support of the Xicholl'a government waa demoralizing in its effect upon thu average legislator In the Packard House and Senate, and only a few days was lacking to complete the abandonment of the usurping Gov ernor by his party associates, which would be a strong endorsement that the Democrats fairly carried the election in November. An abandonment of this claim on the part ot Republicans was a virtual concession that Tilden is entitled to thc electoral voto of Louisiana, for the difference between tbe State and Electoral tickets was exceedingly small. In order to preserve any semblance of | the claim that Hayes carried the State, it was necessary to bolster Packard for a short time, until tho electoral count had been decided by Congress, when Packard will be left to take care of himself. This idea of ferlerai interference witL State governments ? fast becoming obnoxious to leading and influential Republicans, who believe that the woos of their recent political experience are aunoutabie in a great measure to such unauthorised in ter ven lion. In truth, President Grant was long ago satisfied that c ?cu ti ve in terposition was entirely wrong and im politic, as the following extract from his message to Congress ii: December, 1874) will snow: The wholft subject of executive inter ference with tho affairs of a State h. re pugnan* te 'public cp?s??s, to tho feeling of those who, from their official capacity. mvr.t be asea in such interposition, and to him or those who must direct. Unless mo** pearly, on the side of law, such in terpt, \tion is a crime; with the law to .import it, it is condemned without a "hearing. I desire, therefore, (bat all necessity fe. executlyo direction in IG vd affaira shall become unnecessary, and ob solete. I invite the attention, not only cf Congress, but of tho people of tho United Suites, to the causea and effect? of tu eso unhappy miestion*.-/Y?We?i Oranft Mtttage, JJecembcr 1874. - Governor Hampton declined to fur nell money for the tuntensncc ot the Bute Colored Orphan's Asylum, un thc ground that iii? irnueee and other olliccre refused to'rccoirnize hi* ??o vern ment. THE STRAIGHTOUT MOVEMENT. Thc Charleston Journal of Commerce speaks thu? complacently of it? work tat summer : "In thc political campaign of last summer, the Journal of Commerce was the leading organ of tue "straighlout" Democracy of South Carolina. Without its efforts, we do not hesitate to express the belief, the canvass would not have been inaugurated, or, it it had, would have ended in disastrous failure. In the columns of this parwr tho "straightout" policy took shape and direction, and its editor hore the heat and burden of the struggle to establish this as the policy of our people, with tho harmony and the courage of hope." The Columbia Register, by reason ol' its superior antiquity to the Charleston publication feels that its pretensions are not properly recognized in the above paragraph and seeks to give its own vi? w of the situation as follows : "With the best of feeling for tho Jour nal, its editors, proprietors and stock holders, we are compelled to dissent from its expressed views. Long before the Journal bad an existence, or was ever dreamed of, the Columbia Register was fighting Hie whole press of the Staie, with ??-o or three exceptions in strong Democratic counties, for a itraightout platform, a straightout ticket and a Htraighoul fight, that victors might come to the Democracy of South Carolina, or that they might go down in a gallant at tempt to achieve it. " * * * There is virtue in modesty, whether our Charleston contemporary is aware of the fact or not." We arc somewhat nm used r.t this con troversy, and especially ot the Registers ' fiing at the Journal oj Commerce about its age. Ic strikes us that there were papers i:i thc State who were battling for | thc "straightout" policy before the Regis ter or Journal of Commerce were ever I published. For instance, where was the R?guler on thc 20th of May, 1875 ? Our Columbia contemporary informs the pub lic that it is aware that there is virtue in modesty, and wo would respectfully sug gest that an application of this knowl edge would be in order. The Situation In Cullimbin. Tho patient work of the Democratic leaders has nowhere been more fruitful than in tho proceedings before Referee Wilkes, in Columbia. Every precinct return in the entire State bas been criti cally examined and compared with thc statements of thc County Canvassers, the clerical errors have been noted, and the statement of thc entire vote put in such n shape as to enable the Supreme Court to make an intelligent decision upon the questions submitted to it. These proceed ings by mandamus, os to tho State olBcni, began immediately after the? lection, but lay in abeyance until tho qutttions con nected with the Electoral vol . and thc vote for members of the L?gislature could bc settled. Tho prayer ot the t "?.r.damus was, that the Board of State Canvassers be required to compare the returns of the precinct managers with tho atatet. 'nts of the County Canvassers, which they had fuilcd to do. This, by order of the Court, boa been done before Referee WilkuB, whoso report will bo ready shortly. The general result of tho reference, when the first (scrutiny ended, was the election of the Democratio candidates for Attorney-Generul and Treasurer, and the defeat of the Democratic candidates for Secretary of State, Adjutant-General and Superintendent of Education. This was obtained by correcting an orror of 187 votes ut McMillan's, in Marion, and of 223 votes nt Graham, in Barnwell, where these votes for thc Democratic candidate for Attorney-General were counted for thc Democratic candidate for Comptroll er, and thc same numbei of votes counted for A't toi ney-General that should* have been counted for Comptroller. The Rol lins box is not taken into account ; nor is thc disputed Abbeville box. Thc ex clusion of this last named box, which gave the Republicans about-100 maj.irlty, is confidently expected, and will elect all tho Democratic candidates. Without thia exclusion only the Democratic can didates for Attorney-General and Treas urer were shown tobe elected. A second examination of the returns wus mado which brought to ligbt the fact that there was a difference of f. "j votes between tho totul vote cast for Comptroller-General, as reported by the County Canvasser of Horry and the total vote shown by the returns of the Precinct Managers. It was ascertained that these fifty votes were accounted for by an apparent alteration ot thu figures in the returns from Simp son's Creek and Dogwood Neck. The Precinct Manager? r:cr? sent for, and these have made affidavit that ti:*)figures had been altered ; the vote for Dui:n, the Republican candidate for Comptroller, having boon changed in the Simpson's Mill return from 2 to 82, nnd at Dogwood Neck from 10 to 80. The original re turns were ut once called for, nut they were missing; and it isa noteworthy coincidence that these samo returns were not tn bo found when thc Congressional Committee called for them. They were Inst and were found, and uro lost again. Fortunately, their placea cnn bcsupplied. Mr. Dunn will not gain anything should they uevcr he recovered. T'io iecretary of State is their custodian, msd if ho do not find them auspicious wil" fall upon him. Meantime the change < f fifty votes Jives Gen. IL;good, tho Democratic can idate for Comptroller, forty-nine major ity. Tho frauti ui the Horry roturan WAH artistic. Dunn ran, for instance, nt Simpson's Mill, just 30 votes behind tho other Republican candidates ; and the clia-tgc from 2 to 82 had a very haturul appearance, os it put Dunn on the same footing as his associates. Gilly ibo feet ? that tiie apparent alterations accounted for the exact difference between the Pre cinct return* and the County statement nut the-Democratio counsel on tho trail. Not a word was said'until the evidence j was forthcoming to establish the fact that | the returns had been doctored. Then the stunning revelation came. . * i Chief Justice Moses will probably be able to resume his seat on the bench in about ten days, and before the full bench tho report of* the Refereo in the manda' mu? ease will be heard; ! We have every reason to believe, so strong lt tue D?mo cratie case, that the demand of the Court will give the Democrats the offices they claim. There have been no noisy demon strations, bnt tho coed work goes bravely on.--News and Confier, 19fA inst. - J. Milton Turner, a full-blooded ne ?ro, who has been American Minister to .iberia, since 1871. came to New York city in October last. On his arrivai ?t Sandy Hook he telegraphed to a friend to secure him rooms ot thc Astor House, which he did in the evening. The Libe-, rian Minister went to thc Astor House and inquired whether J. Milton Turner, Liberian Minister, had rooms there, to which the clerk replied in tho affirma tive, at the tame time he noticed his name on thc register, when' he declared himself to bo Mr. Turner. Tho clerk de clared the hotel'was full and hu could not be accommodated. He brought suit under th? civil rights tsct against the pro prietors of the hotel, and as he intended to' leavo for Liberia . his testimony was taken Inst Week. The answer is, first, that the -hotel was really full ; and, sec ond, that the civil rights bill Was uncon stitutional as far as it related to hotel keepers. rWi '??!;- * - Mr* Henry Creighton, of Lancaster, Ohio, wu? murdered by his wile on Wed nesday afternoon. The woman is crazy, and alter killing ber husband with a re volver, she made the work ?uro by chop-, ping off bis head with an axe. 17A3 XHERX AN ELECTION X Mi; "?r.s. EIJZTOUS : The quest ion as to thf. validity of tka election of county officers, held on thc 7th day or November last, ba* occasioned a grout, deal of in ??.rea*, io thc di free nt counties, on the pi?rt of thc candidates receiving a major? ily of the votes cast as weil as by the people. It. is known that the Bar of the State, as well as tiie Circuit Judges, are divided in opinion on thc.subject. There is no doubt that thc ambiguity in thc Statutes arises from thc incompetency of the Legislature for the last eight years to collate the Statutes bearing on the same subject and to express their intention in a clear and intellible manner. To solve this question, then, it is necessary to lay down some of thc well-established rules in the construction of .Statutes, and to apply them to the Statutory law of the State elections. So far as thc validity of the late elections arc concerned, four rules of construction are all that an? necessary : First, That Statutes on the same subject, even though there he no reference by thc latter Statute to the former, arc to bc taken together, and construed inpari materia. Sec State vs. Fields, 2 Hail. Hep., -130. Second. That the intoution of thc makers of a Statute ought to be regarded in its construction. Whenever this can be discovered, it is to be followed with reason and discretion in the construction of the Statute, although such construction seems contrary to the letter of the Statue. ll Mod., 161 ; 1 Johns. 105. A thing which is within the intention of the makers of u Statute, is as much within thc Statute ns if it were within the letter. Blow. 366. 10 R?p., 101. Third, That the title of an act, as well as the preamble, may bc resorted to, to ascertain the intention. Stntc vs. Stephenson, 2 Bail., 334. State vs. Fields, Ibid. 554. Fourth, That the construc tion given to an act of thc Legislature soon after its passage, cannot be altered at a very distant period. 1 Dall., 136. There is but one restraint to the will of thc Legislature, and that is the Constitu tion. If then wo cnn ascertain tho will of the Legislature as expressed in thc Statutes, and that will is nut in contra vention of any constitutional restraint, il it the fate. The Constitution of 1868, Art. 2nd Sec. ll, requires the election of Senators and P.sprcsontativea to be held on thc '.hird Wednesday in October, eighteen hunt,'red and seventy ; and forever therenfter on thc same day in every second year. Art. 3d Secs. 2 and 5 provides for thc election of Governor and Lieutenant Governor, and declare* that they shall bc elected at tho first general election held under this Constitution for members of thc General Assembly, and nt each general election thereafter. The Constitution, therefore, clearly determines tho general election to be the one nt which Senators and members of the Legislature are chosen. Art. 14, Sec. 10, requires all State officers to be elected at the time of thc election of members of tho General Assembly. Art. 4, Secs. 18, ".0, 27, 29, 30, require the election of Brobate Judges, Clerks ol Courts, Solicitors, Sheriffs nnd Coroners, but specifies no time of their election, leaving thc time to be determined by thc Legislature. Tho Constitution clearly fixes tho timo for tho general election and thnt of Stntc officers, and leaves thc time for the election of members to Con gress and county o.'?eers subject to legis lative enactment. Thc Convention by an ordinance passed 7th day of March, 18G8, provided for the election of members of the Legislature, State officers, and mem bers to Congress for the unexpired term, to be held on the 14th, 15th and 16th days of April, 18G8, and for the election of county and municipal officers, within thirty days after the ratification of thc Constitution. This latter election took "luce i:; thc summer of 1868 Thc first Legislature, under the new Constitution, met in the month of July, 1868, and on the 26th doy of September following pa&sed thc first Act relative to election, entitled "An Act providing Tor the next general elections and the manner of con ducting thc same." Act? of 1868, No. 69. Thia Act provided that "The next gen eral election in tho State should be I on tho first Tuesday after thc first Mon day of November next"-Sec. 1st. Sec. 13th provided that there should bc one general ticket, .on which should be tho names of the persons voted for as Repre sentatives in Congress, and State, Circuit and County officers ; and on another general ticket thc names of tho persons Toted for aa Electors of President und Vico-Brcsident, aud Sec. 14th required the Commissioners of elections to provide two boxes for cadi election precinct, und that such boxes should be labeled "* fol lows: 1. Electors.' 2. Congress, Circuit and County officers. Thc Constitution ality of this Act aa it relates to State offi cers, and the strict propriety of denomi nating an election i'rr.r;: which waa ex cluded tho election of members of the Qcucral Assembly, will not effect the clear intention of the Legislature, that the election of County officers should be at the same timo that Representatives in Congress, State and Circuit office?a were elected, and that these should be elected on one general ticket. This Act was special, and was designed for thc election of 1868, but is important as showing that thc Legislature intended that tho election should be by general ticket, and that county officers should be voted for on that ticket. The acts of the 14th Feb -. I . 1 . . ?r_l IMA_t.r construed together, mid when so con strued tho intention of the Legislature it clear and all their provisions consistent It was that there should be One general election, on the third Wednesday of Oc tober in every second year ; that nt thai election the electors should vote by om general ticket, on which should bc th? names of the persons voted for aa Reprc sentatives in Congress, and State, Circuti and County officers, and tbot the Com missioners of election should provide om box for each election precinct, nm labelled Congress, State, Circu?? ant County officers. These Statutes wen substantially incorporated in thc R?vis?e . Statutes. See R. 8., Part l*t Title 2 Chaps. 8 and 10. Under them the elec tion of 1872 was held on the third Wed nesday of October. That being the year o : the Presidential election, another clcctiot was held on the first Tuesday after tin * first Monday in November for Presiden tia! Electors, according to tho Federa Constitution. These two elections fol I lowing ?o closely upon each other wer? regarded aa a great burthen upon the people of thc State, and thc Legislature foreseeing this, and haring no power to change tho Federal law, fixing the time for the election of Presidenlia! Electors, but having the right to propose to the electors of the State an amendment to t?ic Slate Constitution, did by Joint Rew liilion, approved March 9, 1872, propose an amendment to thc Constitution, mak ing the general election take place at the same time as that of Eelcctors for Presi dent and Vice President, to wit : on the first Tuesday after the first Monday in November. So that in every fourth year diere should bc only one election instead of two. The renton and thc only reason as signed in thc Preamble and to the Joint Resolution is that "The people of this State are, by the two elections following so closely upon each other, greatly an noyed and inconvenienced, and the in dustrial interests of the State greatly dis turbed and imperilled." This proposed amendment was adopted by au over whelming majority of the people at the next election, and the Legislature by the Act of March 19th, 1874, enacted that "The next general election in thin State shall be held pursuant to the provisions of amendment to Article 2, Section ll, of the ConstitU ?on of thc State of South Carolina, on thv first Tuesday following the first Monday in November, 1ST4 ; ami forever thereafter at the same time in every second year." The question now is, what is included in the teiiii "gene. 1 e'ection?" This must bc decided by Jiu Constitution and Statutes. Thc Constitution requires members of thc Legislature and State officers to bc elected ut this election ; it does not prohibit thc election ol' other elective offices at the same time, but leaves it to thc Legislature in its wisdom to do so or not. Hus the Legislature di rected the election of county officers to bc had at the general election ? The acts of 1868, 1870 and 1872 require the electi . of county officers at this election. The niquiremer.. is in the spirit aud the lettei of all the acts in reference to the general election. The elections of 1870 72-74-76 were had upon this interpre tation, and uot u dissenting opinion was expressed until after the election of 1876. So much of the act of 1870 ns conflicted with the election of county officers at the general election, is repealed by the act of Mar-h 12, 1872, which provided for the election of county officers nt the general election, and repealed all acts inconsis tent with it. This construction of the acts relating to the election of county officers must have been in accordance with thc intention of the Legislature ns expressed in thc Statutes, or it would not have been received and acted upon for six years by all ttic departments of gov ernment nnd the whole people. The intention of the Legislature that there should be but one election in any one year for Federal, State, Circuit and county officers is clenr from the pream ble to the joint resolution to amend thc Constitution, quoted above, and if that . intention is clear, such reasonable con struction must be given thc various nets construed together as will carry it into effect. A construction of thc acts which makes two elections coining close upon each other every, two years, insleadofevery fourth year, increases the very burthens which the Legislature without question intended to remove, cannot bc- in accord ance with the intention of thc Legisla ture, clearly and unmistakably expressed . in plain language, aud therefore cannot bo law. Again, it thc clearly expressed will of the Legislature is that there shall be oniy one general election in every two years, any construction of thc acts which makes two is a perversion of that will and cannot have the force of law. From these premises for tho construction of Statutes, applied to tho Statutory provis ions for the election of county officer?, it seems that they should bo elected at the general election, held on tho first Tues day after thc first Monday ir. Nove:;,ber every two years, nod that thc election for county officers, held on the 7th day of November last, was in accordance with the requirement of the Statutes of the State. J. S. M. BTESIDENT GRANT WILL SION THE BILL.-The New York Tribune's Wash ington despatch says : The President in conversation with a friend on thc pro posed electoral compromise, said ho had not yet had time to examine thc bill care fully and critically, but on general prin ciples he approved of a measure of the character alluded to, and if not objection able in detail, or if it did not contain [irovisions nt variance with thc apiritand etter of the constitution, he would accord to it his prompt approval. He said that from the beginning he had felt no appre hensions as to tho final result, as he has always had great faith in the intelligence and patriotism of the American people. There have been threatenings and'in cipient evidences of revolutionary pur poses in Home quarters, to meet which he had taken proper measures of prevention, and for which ho will keep prepared un til his responsibility is at an end. He said he is much encouraged by the pros pect of a peaceful solution of "the difficul ties, for the two parties in Congress, through a committee, having once agreed upon a common basis of adjustment of their differences, it will not te difficult to bring about a final settlement. He re marked that initial steps are always most difficult; what follows is easy. The coun try, he said, is now in a condition to be gin a period of unexampled prosperity, lounded on correct principles of business i and proper standards of value, and thnt . is all tha>. ia wanting to an amicable and . satisfactory settlement of the Presidentini ' j question. - Charles Collins, chief engineer of ? the Lake Shore and Michigan Southern 1 Railway, was found dead lu his bed at . Cleveland, Ohio, on Inst Saturday morn . ing. It was apparent that he had been dead twenty-four boura, and in one hand ? was grasped a revolver, while another : pistol and a razor were lying beside him . on the beti. Ho committed suicide by .a..i.i..,u.. i? v."i;~.."Ti o."ft w .... wv. .J , ...... ta W..... . V V. on account of despondency, caused by his theoretical responsibility for the Ash ta - bula disaster. The family of Mr. Collins was absent at the time of his suicide. - Hon. Henry B. Anthony, United States Senator from Rhode Island, was attacked by paralysis at the railroad sta tion in Washington C??y on last Friday night, as he was returning from Balti more, witera ho bad spent tho evening and dined with a party of friends. He was conveyed home by the police, and received medical attention nt once. Some of his friends attribute this sudden Hines* to his eating partridge, which bird feeds on laurel leaves when the ground is cov ered with unnw, and thus becomes pols onous. Mr. Anthony waa improving rapidly at last accounts. THE ELECTORAL QUESTION* A Plan Proposed by the Joint Commit tee for a Hettlemeut. The report of the joint committee ap pointai hy the Senate und House of jfcvpre&ciitiitiVrn i?# devine a pian ior counting the electoral votes was submit ted to Congress on Thursday lust. Thc report is accompanied by a bill to regu late the count and secure the decision of question* arising thereon. These docu ments were presented in the Senate by Mr. Edmunds, aud in the House of Rep rcftcutat?'es by Mr. Payne. The report is signed by thirteen members of the committee-.Senator Morton alone dis senting. Fa pr. smiting the report to the Senate, Senator Edmunds, ol Vermout, said : "I am directed, Mr. President, by the select committee raised under the resolu tion of the Senate, on the subject of counting of the Electoral vote, to submit a report in writing, with an accompany ing bill. The report is signed, I am happy to say, by all the members of both committees, lit being a report in form, joint and several, to the two houses,) with one exception ; and all that I wish to say on tins occasion, after stating that we shall desire to take it up at the earliest possible day, as time is running very fast, possibly, and, ? hope, indeed, un Satur day, the dav after to-morrow, but certain ly on Monday, to press it to a determina tion in some lorin steadily from that time forth. I only wish to say, in addition, that the committee are of opinion that thc measure we recommend is not, as it is called, a compromise, in any sense nf the term, but is a measure of justice in aid of tho exercise of constitutional gov ernment, and that in no sense of the term will anybody have a just right to say that anybody a opinion or view has been ?ii- 'tidered in any substantial re spect, lt is not a measure of policy or a contrivance, but a measure of Constitu tional j'istice for the preservation of the peace and order of government.*' It EM A HKS OF THE COMMITTEE. We have applied the utmost practica ble study ano deliberation to the subject, and believe that the bill now reported iii the best attainable disposition of the different problems and disputed theories arising out of the ?ate election. It must be obvious to every person conversant with the history of the country anti with thc formation and interpretation of the constitution, that th wide diversity of views and opinions touching the subject, not wholly coincident with thc biassed wishes of the members of political par ties, would naturally exist. We have, in this state of affairs, chosen, therefore, not to deal with abstract questions save so far as they are necessarily involved in thc legislation proposed. It is, of course, plain that the report of the bill implies that in our opinion legislation may be had on thc subject in accordance with the constitution ; but we think the law proposed is inconsistent with a few of the principal theories upon thc subject. The constitution requires that the electoral votes shall be counted upon a particular occasion. All will agree that the votes named in the constitution are the consti tutional votes of the State and no other, and when they have been found nnil identified there is nothing left to be dis puted or decided. All the rest is the mere clerical work of summing up the numbers, which being done, the constitu tion itself declares tho consequences. This bill, then, is only directed to ascer taining for the purpose, and in aid of the counting, what are the constitutional votes of the respective States ; and what ever jurisdiction exists for such purposes the bill only regulates the method of ex ercising it. The constitution, our great instrument and security for liberty and order, speaks in the amplest language for all such cases in "whatever aspect they may be presen ted. It declares that thc Congress shall have power "to make all laws which shall be necessary and proper for carry ing into execution the foregoing powers and all other powers vested by the con stitution in the government of the United States, or nny department or officer thereof."' The committee, therefore, think that thc law proposed cannot be justly awioiled as unconstitutional by any one. For this reason we think it unnecessary, whatever may be our own individual views, to discuss any of the th?ories re ferred to. Our fidelity to the constitution ?B observed when we find that the law we recommend is consistent with that instru ment, i he mntter then being a proper subject for legislation, the fitness of the means proposed becomes the next sub ject of consideration. Upon thia we beg le/tve to submit a few brief observations. In all just governments, both public and private, rights must be defined and de termined by the law. This is essential to the very idea of such a government, and is the characteristic distinction be tween free and despotic systems. How ever important it may be whether one citizen or another audi be the Chief Magistrate for a period prescribed, upon just theories of civil institutions it is of fur (rreut?r moment that the will of the people inwfuiiy expressed in the choice of that otBcer shall be ascertained and carried into effect in a lawful way. It is true that in every operation of a govern ment of laws, from the most trivial to the most important, there will always bc the possibility that the result reached will not be a true one. The executive otficcr may nol wisely perform his duty, the courts may not truly declare the law, and the legislative body may not enact the best laws. But in either ease to re sist the act of the Executive, thc Courts or the Legislature, acting constitutionally and lawfully within their sphere, would be to set up anarchy in the place of gov ernment. We think, then, that to pro vide a clear and lawful m ans of perform ing a grrat and necessary function of government in a time of such public dis puto is of far (Treater importance than thc particular advantage that any man or party may in the course of events possi bly obtain. But we have still endeavored to provide such lawful agencies of decis ion in the present ease as shall be thc most fair and impartial possible under the circumstances. Each of tho branches of tho Legislature nnd the Judiciary arc represented in the tribunal in equal pro portions. The composition of the judi ciul part of the commission looks to a selection from different parts of tho Re public, while it is thought to be free from any preponderance of supposable bias, and tho addition of the necessary constit uent part of the whole commission in order to obtain an uneven number is left to an agency the furtherest removed from rit-jmucu ul any existing niiainaoie one. t would be difficult, if not impossible, we think, to establish a tribunal that could bo less thoiubjectof party criticism than eseh a ono. The principle of its constitution is so absolutely fair that we are unable to perceive how the most ex treme partisan can assail it, unless he wishes to embark his wishes upon the stormy sea of unregulated procedure, hot disputes and dangerous results that can neither be measured nor defined, rather than upon the fixed and regular course of law that insures peace aud the order of society, whatever party may bc disap pointed in ita hopes. The unfortunate circumstance that no Erevision had been made on tho subject eforo thc election has greatly added in dealing with it, inasmuch as many of tho people of the country, members of the respective political partios, will, perhaps, look with jealousy upon any measure that seems to involve even the probability of tho defeat of their wishes, but it baa led tlie committees to feel that .their mem bers are bound by the highest dutv in such a case to Ut no bias or party feeling stand in the way of a just, equal ana , peaceful measure for extricating tho question from the embarrassment* that et present surround it. In concision wo respectfully beg leave . to impress upon Congre?? the necessity of a speedy detennination upon this subject. It is impossible to estimate tbo material loss the country daily sustain* from tho existing state of uncertainly. It directly 1II1U pUWCIlun* iriiuo %.\r ..II-. ..... ?...te paralyze business, to weaken public and private credit and to* create spprehc-n sion? in the minds of the people that dis turb thc peaceful tenor ot their ways and happiness. It does far more-it tends to bring Republican institutions into dis credit ana to create doubts of* the success of our form of government and of the perpetuity of the Republic. All consid erations of interest, or patriotism an i of justice unite in demanding of the law making power a measure that will bring peace and prosperity to the country and show that our republican institutions are equal to any emergency. And in this connection we cannot refrain from ex pression of our satisfaction that your committee, composed of equal numbers of opposing parties, have fortunately been able to do what has beeu attempted in vain heretofore, almost unanimously agree upon a plan considered by them all [ to he just, wise and efficient. Wc accordingly recommend the pro posed act to the patriotic and just judg jtidi;incnt of Congress. The report is signed by George D. Ed munds, Frederick T. Frelinghuysen, Roscoe Conkling, A. G. Thurman. T. F. Bayard and M. W. Ransom on the part of the 8e> atc, Mr. Morton being the only one who declined to sign it. On the part of the House of Repr?sentatives it was signed bv tho seven member.*, name ly: if. B. Payne, Eppa .Hunton, A. H. Hewitt, W. M. Springer, George W. McCrary, George 1. Hoar and George Willard. FLAM OF AGREEMENT. The following is the complete text of the bill agreed upon by thc Joint Com mittee on Counting thc Electoral Vote : A BILL TO PROVIDE FOR AND REGU LATE THE COUNTING OF VOTES FOI. PRESIDENT AND VICE PRESIDENT AND THF DECISION OF QUESTIONS ARISING THEREON FOR THE TERM COMMENC ING MARCH 4, A. D. 1877. Be it enacted, dr., That the Senate and House of Representatives shall meet in the Hall of the House of Rcprescnta t ves, at the hour of 1 p. m., on the first Thursday in February, A. D. 1377, and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part ot thc House of Repr?sentatives, to whom shall be handed, as they arc opened by the Presi dent of thc Senate, the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened in the presence of the two bouses, and bc acted upon in thc alphabetical order of tho States, begin ning with the h?ier A ; and s-id tellers, having then read the same in the pres ence and hearing of the two houses, shall make u list of tho votes as they shall appear from the said certificates ; and the votes having been ascertained and counted, as in this act provided, the re sult of the same shall bc delivered to the President of thc Senate, who shall there upon announce the state of the vote and the names of tho persons, if any, elected, which announcement shall bc deemed a sufficient declaration of the persons elec ted President and Vice President of thc United States, which, together with a list of the votes, shall be entered on the jour nals of thc two houses. Upon such read ing of any such certificates or paper, when there shall be only one return from a State, the President of the Senate shall coll for objections, if any. Every objec tion shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one member of the House of Representatives before the same shall be received. Whet all objections so made to any vote ci paper from a State shall havo been re ceived and read, the Senate shall there upon withdraw, and such objections shall be submitted to the Senate for its decid ion, and the Spanker of the House o! Representatives shall in like manner sub mit such objections to the House of Rep resentatives for its decision, and no cleo toral vote or votes from any State Iron which one return bas been received sbal be rejected, except by the affirmativ? vote of the two houses. When the twe houses have voted, they shall immediate ly again meet, and the presiding officci shall then announce thc decision of tin question submitted. SEC. 2. That if more then one reiurr or paper purporting to bc a return fron a State ?hall liuve been received by thi President of the Senate, purporting to bi the certificates of electoral votes given ai the last preceding election for Presiden and Vice President in such State, unies; they shall be duplicates of thc same re turn, all such returns aud papers shall bi opened by him in. the presence of thi two houses, when raet as aforesaid, am rend by the tellers; yid all such return and papers shuli thereupon be submittci to the judgment aud decision, auto whicl is the true and lawful electoral vote o such State, of a commission constitute! as follows, namely : During the sessioi of each house on :lie THO ?lay next pre ceding the first Thursda) in February 1877, each house shall, by viva voce vote appoint five of its membcrsXwho, with th five Associate Justices of \be Suprenv Court of thc United 8tates, to be ascer fained as hereinafter provided, ?hall con stilute a commission for the ^decision o all questions upon or in respect of sud double returns named in thi\ section On the Tuesday next preceding thc fin Thursday in February, Anno ^JDoinin 1877, or as soon thereafter as n\ay bc the Associate Justices of the 3(\prem Court of the United States now asxigne to the 1st, 3d, 4th and 9th circuits\shal select, in such manner as a majorrw c them ?hall deem fit, another of the Asse einte Justices of said court, which \?v persons shall be members of said cea mission ; and the persou longest in cor mission of said five Justices shall be ti Eresident of said commission. The mer crs of said commission shall respective take and subscribo the following oatt "JT-f do solemnly swenr ( affirm as the caso may be,) that I w impartially examine and consider r questions submitted to tho commission which I am a member, and a true jud ment give thereon, agreeable to tho co stitution and thc laws: So help mc God Which oath shall be filed with the Se retnry of the Senate. When thc coi mission shall have beeu thus organize it -hall not bc in the power ot eith house to dissolve the same, or to wit draw any of its members ; but if auy sn (Senator or memoer -nan dio or oecoi physically unable to perform the duti required by this act, the fact of su death or physical inability shall be, said commission, beforo it shall prece further, communicated to tho Senate House of Representatives, as tho cr may be. which body shall imm?diate and without debate proceed by riva vi vote to fill the place so vacated ; and t person so appointed shall take and BI scribe the oath hereinbefore prescrib? and become a member of said comm sion ; and in like.manner if any of si Justices of the Supreme Courtshall ? or become physically incapable of p forming the duties required by this a the other of said Justices members of I commission shall immediately appo another Justice of said court a metal of said commission : and in such appoi menta regard shall be had it the imp tiality and freedom from bias aought the original appointments of said cc mission, who ahull thereupon immediu ly take andsubscribe the oath herein lore prescribed and become a rncmbo said commission, tb fill the vacancy oe stoned. All the certificates and pap purporting to he certificates of the el toral votes of each State shall bo opel in the alphabetical order of the States provided in section one of this act ; i whore there shall bc inure thau one such certificate or paper, a* the certificates aud papera from such State shall be opened, excepting duplicates of the same return, they 6uall bu read by the tellers; ?inti 11, i.r.jn > wiri flin l'r4 ,irliiit ?_,,' tjin ftim. ate shall call for objections, if ans-. I?_-??,:-linn ..Lol' l". I?. ; . n.?l?t?** E???siJ ?vj?v.. ........ - ...aw, .c, ant! shall state clearly and concisely und without urguiiieni the ground thereof, and shall be signed by at least one Sena tor aud one member of the House of Representatives before tho samo shall be received. When all such objections so made lo any tertifieate, vote or paper from a State slull have been received and read, all such certificates, votes and pupers w objected to and papers accom panying the Bame, together with sueh I ] objections, ohsll be forthwith submitted I 1 to said conimiwion, which shall proceed to consider the same, with the same powers, if any, now possessed for that i , purpose by the two houses acting sepa- ( j rately or together, and by . a majority of votes" decidf. whether any and what votes from such State are the votes provided for by the constitution of the United Stu'es, und how many and what persons were duly appointed electors iu such Stale ; and may therein tukc into view such petitions, depositions and other papers, if any, as shall by the constitu tion und now existing laws be competent and pertinent in sueh consideration ; which decision shull be made in writing, stating brielly tho ground thereof, "nd bc signed by thc members of said com mission agreeitig therein ; whereupon the two bonnes shall again meet, und such decision shall be read and entered in the journal of each house, and thc counting of thc votes shall proceed in conformity therewith, unless, upon ob jection made thereto in writing, by at least five Senators and five members of * tlie Mouse of Repr?sentative?, the two . houses shall separately concur in order ing otherwise ; in which case such con current order, which shall govern no votes or papers from any other State, shall bc acted upon until the objection previous-!} made to the votes or papers from any State shall have been finally disposed of. SEC. 3. That while the two houses shall bc in meeting, as provided in this net, no debate shall be allowed, and no questions shall be put by thc presiding officer, except to either house on a mo tion to withdraw, und he shull have no power to preserve order. SEC. 4. That when the two houses sep arate to decide upon " an objection that may have been mude to the counting of any electoral vote or votes from any State, or upon objection to u report of said commission, or other question aris ing under this act, each Senator and Representative may speak to such objec tion or question ten minutes, and that not oftener than once, but when such debate shall have lasted two boura, it shall be the duty of each house to put the main question without further debate. SEC. 5. That at such joint meeting of the two houses seats shall be provided us follows: For tl.e President of tho Senate, the Speaker's chair. For the Speaker, immediately upon his left. For the Sen atora, in thc body of the Hall, upon the right of th? presiding officer. For the representatives, in the body of the Hall not provided for the Senators. For the tellers, secretary of the Senate and clerk of the House of Representatives, at the derk's desk. For the other officers of the two houses, in front of the clerk's desk and upon each side of the Speaker's Elatform. Such joint meeting shall not e dissolved until the count of Electoral votes shall be completed and thc result declared, and ka recess shall be taken, unless a question shall have arisen in re gard io counting any such votes or other wise under this act, in which case it shall be competent for either house acting separately in the manner hereinbefore provided, to direct a recess of such house, not beyond thc next day, (Sundays ex cepted,) at the hour of 10 o'clock in the forenoon ; and while any question is be ing considered by said commission either house may proceed with its legislative or other business. SEC. 6. That nothing in this act shall bc held to impair or affect any right now existing uoder the constitution and laws to question, by proceeding in the judicial courts of the United States, the right or title of the persons who shall bc declared elected, or who shall claim to be Presi dent and Vice President of the United States, If anv such right exists. SEC. 7. That said commission shall make its own rules, keep a record of its own proceedings, and snail have power to employ such persons as may bc neces sary for the transaction of its business and the execution of its powers. GENERAL NEWS SUMMARY. - Dr. J. Wistar Vance, of Greenville, bas removed to Memphis, Tenu. - Thc grave of General Lee is kept constantly adorned with flowers. - Stobo D. (.Tarlington, Esq., has been appointed Jury Commissioner for Lau rens County. - Greenville claims to have received over 15,000 hales of cotton since the first of September, 15/6. - An elector from Minnessota is to be investigated. It is claimed that he innot a citizen of the United States. - Mr. Peter Cauble, one of the oldest and most respected citizens of Greenville, departed this life on thc 17th inst., aged eighty-seven years. - Corn in Walhalla is bringing seven ty-five cents per bushel. Very little bo3 been brought in for several weeks, bc cause of the snow and bud weather. - Mayor Cunningham and Couuty Treasurer Hurley, of Charleston, have been indicted by the Grand Jury, on charges of official misconduct, fraud and corruption. - General Robert E. Lee's, monument seems to be now a thing us-sured. The Treasurer of the Monument Association reports that he has in hand in cash and estimated assets the sum of $14,903.37. - Mr. W. B. Scott, editor of the Ma .rysville (Tenn.) Republican, tho only ^Democratic newspaper edited by a col ored man in thc United States, has been afcpoiuted reporter of the Tennessee Senate. -- Hon. Wm. Archer Cocke, late At torney-General ?f Florida, and Demo cratic-member of the late Board of State Canvassers, has bisen appointed Judge of the Seventh Judichi Circuit. Tho nom ination has been confirmed by the Su ato. - Judge Carpentei waa still in Wash ington at last accouny, engaged iu tho exami nation o? au mort ios, preparatory to deciding the questiov as to the Gov ernor of this 8tate. Ht will likely get through by the timo t*e Presidential question is settled. \ - Mrs. Carrington, the vidow of Geu eral Edward Carrington, anj Bister of the late Colonel Wm. C. Prcstonand of Gen eral John 8. Preston, of thisState, died at Charlottesville, Va., last vCck. She was also the sister of tho fitt wife of Governor Wade Hamilton. A W1LHITE & WILLIAMS. A ii ?lea*? o ii, 8. C., DEALERS IN \ DRUGS MEDICINES, \ CHEMICALS, <frc, \ LAMP and LAMP GOOL? PAINTS. OILS, V VARNISHES, y BRUSHES. DYE STUFFS, d-c. A Full Un? of PERFUMER Y And TOILET ARTICLES, CW ARS and TOBACCO. And all other Article* usually kept in our line. NEW CROP GARDEN SEEDS, ai Wnoktale and Retail. .Jan 33,1877 2 The Texas Tribune say* 'atmospherical freshness* Lai bro?..1**? many crme? of Cough? and ??E**100 Dr. bu?'? Couch - ? . ?od maud than e ver."~J ' T " m ***** it, j r-aDomcM IUA?...: ^ I ~-*%o?jm^orA?*r.' PEEPET??AL CALENDA? SPRINO TERM or Six MrmtT .. First Monday in FeLrnarT b*,n' Fal! Term of Three Months W ~. Monday MI September. n Fir* BAW* or wmwr. For Spring Term Pri maries. academics.'," ".'tlO 0} Coll?gistes. . 13 00 Music. . . 20 00 [.'or Fall Ten:_.W CO I'rimuries. Academics. .^ Jollcgiates. 100 Music. . 10 00 ?9- Incidental Fee, peVVeVm"'u,wn 9 00 entry. . i*"1 IN8TB??OT0B8.25 College Department will be under H ?oreof E. It. CABSWELL, Jr., A M Primaries and Academia willi*, i the sui>erviH)on and instruction of iv 7 \\ ALTERS. ".E. A thoroughly competentTeach?,-?tit. tide over tho Musicaiand Art De?rtn^S" O^ufitt ?TEHS. . . L Tui"?!i ?,8 ?Z?" al hegin.llnfr of each u*. non, and all dues must be paidbv th?^ M Ile of November. 1 y the 2. We promise to advance ?och p"Dt., nily as are regular in attendant* 1 p 3. No deduction will be made for lort it?, sxcept as occasioned by[protracted ?lck?a 4. Board can be had in good taioil|~T' the Institute Tor *9 to ?0 per^onSP For further pnrtki'.'.urs address either of :h-i Principals. ?"?er or E. P.. CAItSWELL, Jr W. E. WALTERS ' Sioreviue, S. C., January, 1877. Jan l?o, 1877 2H SPEOIAIa NOTICE TO TAY PAXERS. FOR thc convenience of the tax naven arrangements have been made willi tho following gentlemen to receive and for ward the ten lier cent, on last vear's tax? for all persons who desire it. 'The names und amounts given to these gentlemen will bc returned to. this office, from which re ceipt? will be issued : At Belton-James W. Poore, G. W MFC.? mid E. B. Rice. w At Hones. Path-J. T. Cooley and M I Brock. At Williamston-G. W Anderson, R. V Acker, C. E. Horton and J. J. Cooley. At Equality-John M. Glenn. At Pendleton-W. H. P. Gaillard, A. J. si ttl m und T. 8. Cray ton. At Brown and Farmer's Store-N. C Farmer. At MonattHville- Dr. J. H. Reid and T A. Sherard. JAMES A. HOYT. Speeiul Agent. Jan 2S. JL877_28 SALE OF Mortgaged Property. BY JAX H. MCCONNELL, Auctioneer. THE STATE OP SOUTH CA KO LI:; A, Anderson County. Dr. J. H. Maxwell, Mortgagee, vs. E. G. Roberts, Mortgagor. BY virtue of the power and authority conferred upon the said Mortgagee, in and by the said Mortgage, I will expose to sale at Anderson Court House, on the FIRST MONDAY iii FEBRUARY next, all that TRACT OF LAND, Containing 4G1 acres, more or less, situate in Anderson County. 8. C., lyMng on both sides of xsghtccn Miie Creek, waters of Seneca River, and adjoining landa of the Estate of E. M. M ct.'ra rv, and others. TERMS OF SALE-One-third cash-the remaining two-thirds on u credic until the first of November next, with interest at thc rate of ten per centum per annum, to be se cured by a bond, with a mortgage of the premises. The purchaser to pay extra for papers. J. H. MAXWELL, Mortgagee. Jan 25, 1877 28 2 SHERIFF'S SALE. X^Y virtue of v 'IUB Executions tome JL> directed, I will oxoose to s?!c on the FIRST MONDAY in FEBRUARY next, at Anderson Court House, the following property, to wit : Ono Yoke of Oxen, ono Wagon and one Colt, levied on as the property of Robert Spence, at thc suit of Minerva White anil Mary Ann Cox, Administratrix:). Also, Sixty Bushels of Corn, more or les? levied on as the property of Moses Can ningham, at the suit of Dr. M. C. Parker. Also, on Tuesday after the first Monday in February next, at the residence of De fendant, Sixty Bushels Corn, seven hundred bundles Fodder, on? pen Shucks, and one hundred and twelve pounds of Lint Cotton, levied on as the property of 81dney G winn. Also, one mare Mule, enc bey Hors?, one Wogon. And on Tuesday, at Defendant'i house, ono lot of Corn und Fodder, four ? head Cattle, one Sow and six Shoats, and one Clock, levied on as the property of J. R. Martin, at the suit of 8. E. & J. B. Moore and others. JAS. ii. MCCONNELL, Sheriff Anderson County. Jan 17, 1877 27 _ SHEiUFFS SALE. BY J AS. H. MCCONNELL, Auctioneer. STATE OF SOUTH CAROLINA, ANDERSON COCKTT. In the Probate Court. J. P. Johnson, Adin'r. of Elijah Elrod vs. Cornelia Fleming, et al.-Petition for Par i it ?an of the Real Estate of Elijah Lirod, de ceased. BY virtue of an order from W. W. Hum phreys, Judge of Probate for Arjdtr son County, to me directed in the above stated ease, I will expose to sale cn inc FIRST MONDAY In FEBRUARY next, ... i ...i...-ir.?ha followingde c^bed tracts of lands TRACT NO. 1, , , Containing 152 acres, more or less, sitoau in Anderson County, bounding lands ol John Spearman, Micheal Dickson, Tract >o, 2, and othors. TRACT NO. 2, Containing 07 acres, more or less, bounded by Tract T?o. I. Micheal Dickson, Wm. Martin and other.*. . ... TERMS OF SALE-One-third cash-tao remaining two-third? on a credit of twe??? months, with interost 'hereon from tpooaj of sale, to bc secure j by a bond with ap proved security, together with a mortgage of the premises. Purchaser to pay extrn lor papers. wy McGUKIN, Sheriff Jan 4,1877 25 _?_. TAX N?TiCE. THE undersigned has been appointed by Governor Hampton as Special Agent to re ceive and receipt for the contribution of ten per cent, upon tho amount of thc 8tat? and County tax of 1875-70, authorized by tho Houso of Represen tad ves. The receipt* Issued by me will be accepted as evidence of payment on the collection of taxes to be hereafter levied by tho Legislature for the said fiscal year. Until further notice, I will bo found at die Office of the AHDKBSO* I^MLLIOX*^ and will be ready to walt upon all Ux-P*r V from 9 a. m. to 4 p. m. each day. or lcVajer if necessary. \ JAMES A. HOYT, \ ' Special Ag?"' JaAiaj 1877 27