The question was taken on agreeing to the resolution, and decided in the affirmative. Resolution (by Mr. Myers) that the Special Joint Committee on the Ellenton, Hamburg and Rouse's Bridge riots be allowed to sit during the recess. On the question of agreeing to the resolution, Mr. CRITTENDEN called for the yeas and nays. The yeas and nays were taken, and resulted as follows: Yeas-Messrs. Bird, Carter, Clinton, Corwin, Duncan, Johnston, Maxwell, Myers, Taft, Walker, Warley, B. H. Williams-12. Nays-Messrs. Bowen, Buck, Cannon, Carter, Cochran, Crittenden, Green, Howard, Jeter, Livingston, Meetze, Witherspoon-12. The PRESIDENT voted in the affirmative. So the resolution was agreed to. Mr. JETER sent to the desk, to be read, a minority report of the Committee on Privileges and Elections, relative to the admission of Hon. M. W. Gary to a seat in the Senate. Mr. SWAILS rose to a point of order, which was that no majority report in the case of Hon. M. W. Gary having been made to the Senate, a minority report was out of order. The PRESIDENT ruled the point of order well taken. Mr. JETER appealed from the decision of the Chair. After debate, participated in by Messrs. Jeter, Swails, Witherspoon, Whittemore, Crittenden, The appeal from the decision of the Chair was withdrawn. Mr. JETER, on behalf of himself and the Senator from York, presented, to be entered on the Journal, the following protest: The undersigned present, to be entered on the Journal, the following protest in the matter of Hon. M. W. Gary, Senator elect from Edgefield County: 1st. The constitutional provision provides that there can be no taxation without representation, and that each County in the State shall be represented in the Senate. 24. At present Edgefield County is not represented in the Senate. 3d. The returns of the Managers of Election, as also the return of the County Canvassers, for Edgefield County show that M. W. Gary is the Senator elect from Edgefield. 4th. The return of the State Board of Canvassers, made and filed in the office of the Secretary of State, show the same fact; the said M. W. Gary having received 6,246 votes for said office, and Lawrence Cain, his competitor, having received 3,123 votes, giving to said M. W. Gary a majority of 3,123 votes. 5th. The power of this last named Board are simply ministerial. By their ministerial action, on file, the said M. W. Gary is the Senator elect, and the Board of State Canvassers and Secretary of State have no right to withhold the certificate of election to his seat.-Brightley's Leading Cases, State vs. Steers, p. 300; People vs. Van Slyck, 4 Cow., p. 297; Morgan vs. Quackenbush, 22 Barb., p. 77; Thompson vs. Ewing, 1 Brewst., p. 77; State vs. Governor, 1 Dutch, 348. The New York Statutes, under which some of these cases are decided, is similar to the Statutes in this State. 6th. The State Board of Canvassers is composed of members of the Executive Department of the State, and cannot be clothed with judicial power. To give them such powers would be unconstitutional. 7. Admitting, for the sake of argument, that the State Board has judicial power, it has never exercised them in this case, and it is now functus officio, and therefore cannot act further in the premises. 8. The said M. W. Gary, according to the Managers' returns, and according to the returns of the County Canvassers, as also according to the certificate of the Supreme Court, and the certified return of the State Board of Canvassers, is entitled to his seat. 9. The practice, both State and national, is to allow the party having the numerical majority to take his seat, and for the contesting member to proceed to oust him by the regular process of law and parliamentary usage. Upon the proper issue made before the Senate the whole question comes up.-Commonwealth vs. McClosky, Brightley's L. Cases, p. 196. This was the course adopted by the United States Senate in the contest from New Jersey between Messrs. Stockton and Frelinghuysen.— Brightleys L. C., p. 212. In the case of the State vs. Walker, 5 Rich., p. 265, it is expressly decided that the "determination by the County Board is to stand as final and conclusive unless its force is impaired by the action of the State Board." The official returns of votes is to be taken as prima facie evidence of their legality. Contested Elections in Congress, p. 254. All votes recorded upon the poll lists should be presumed good, unless successfully impeached by evidence.-Idem, 267. Believing that the action of the Committee in refusing to recommend the seating of the said M. W. Gary, as being against law and parliamentary usage, we hereby enter this our solemn protest against their illegal and unjust verdict. All of which in respectfully submitted. THOMAS B. JETER, I. D. WITHERSPOON. Messrs. CRITTENDEN and WITHERSPOON gave notice that they will present, to be entered on the Journal, their views, relative to the communication of Hon. W. D. Simpson, informing the Senate of his inauguration as Lieutenant Governor elect, and his readiness to enter upon his duties as President of the Senate ex officio, which had been referred to the Committee on the Judiciary, and not reported back to the Senate. The Sergeant-at-Arms announced the Speaker of the House of Representatives. RATIFICATION OF ACTS. The Speaker of the House of Representatives attended in the Senate, when the following Acts and Joint Resolutions were duly ratified: An Act to extend the time for officers to qualify; Joint Resolution to authorize and require the Comptroller General to return to Henry C. Corwin a certain legislative pay certificate; Joint Resolution to amend a Joint Resolution requiring past due school claims in Newberry County to be registered; An Act to raise supplies for the fiscal year commencing November 1, 1876; An Act to make appropriation to meet the ordinary expenses of the State Government, for the fiscal year commencing November 1, 1876; An Act to make appropriation for the payment of the salary and mileage of the members of the General Assembly, and the salaries of the subordinate officers and employees, and other expenses incidental thereto; An Act to amend Section 37, Chapter XVI, Part I, Title V, of the General Statutes of South Carolina, relative to examination of County offices; An Act to amend an Act entitled "An Act to fix the salaries of certain public officers;" An Act to repeal Sections 55, 56 and 57 of Title IV, Chapter CXX, of the Revised Statutes of South Carolina, relating to liens on crops; An Act to establish and charter Yauhanna Ferry, in Georgetown County, State of South Carolina; An Act to ascertain the indebtedness of the County of Newberry, and to regulate the payment thereof. MESSAGE FROM THE HOUSE OF REPRESENTATIVES. Mr. A. O. Jones, Clerk of the House of Representatives, appeared, announced that the House had disposed of the business before it, and was now ready to adjourn sine die. EXECUTIVE SESSION. At 2 P. M., on motion of Mr. CARTER, the Senate went into Executive Session. After the disposal of Executive business, the Senate returned to open session. On motion of Mr. TAFT, at 2:15 P. M., the Senate took a recess until 3 P. M. RECESS. At 3 P. M. the PRESIDENT resumed the Chair. The Sergeant-at-Arms announced MESSAGES FROM THE GOVERNOR. Messages Nos. 25 and 26, from His Excellency the Governor, were presented to the Senate by Mr. Charles J. Babbitt, Private Secretary. The Messages were read as follows: STATE OF SOUTH CAROLINA, COLUMBIA, December 22, 1876. Hon. R. H. GLEAVES, President of the Senate: SIR-I have the honor to inform you that I have this day approved the following Acts and Joint Resolutions: An Act to amend Section 37, Chapter XVI, Part I, Title V, of the General Statutes of South Carolina, relative to examination of County offices; An Act to extend the time for officers to qualify; Joint Resolution to authorize and require the Comptroller General to return to Henry C. Corwin a certain legislative pay certificate; Joint Resolution to amend a Joint Resolution requiring past due school claims in Newberry County to be registered. Very respectfully, D. H. CHAMBERLAIN, Governor, S. C. STATE OF SOUTH CAROLINA, Hon. R. H. GLEAVES, President of the Senate: SIR-I have the honor to inform you that I have this day approved the following Acts: An Act to establish and charter Yauhanna Ferry in Georgetown County, State of South Carolina; An Act to repeal Sections 55, 56 and 57 of Title IV, Chapter CXX, of the Revised Statutes of South Carolina, relating to liens on crops; An Act to ascertain the indebtedness of the County of Newberry, and regulate the payment of the same. Very respectfully. D. H. CHAMBERLAIN, Governor, S. C. Messrs. JETER, BOWEN, WITHERSPOON, rose to a question of privilege, and desired to state that as they did not believe Hon. R. H. Gleaves legally and constitutionally elected Lieutenant Governor, and could not recognize him as such, they asked and obtained leave to return the pay certificates issued to them as Senators by him. Mr. WITHERSPOON presented, to be entered on the Journal, the following protest: To the Honorable the Senate of the State of South Carolina: The undersigned, Senators of the State of South Carolina, earnestly protest against the exercise of the office of President of the Senate by the Hon. Richard H. Gleaves, whose term of office has expired. The Hon. William D. Simpson having been duly elected and declared Lieutenant Governor of this State, qualified as such on the 14th day of December instant, and then became the President of the Senate ex officio under the Constitution of this State. We make this protest in order that the same may be entered on the Journal of the Senate. I. D. WITHERSPOON, W. A. EVANS, R. G. HOWARD, R. E. BOWEN, J. W. LIVINGSTON, G. CANNON, A. P. BUTLER. S. S. CRITTENDEN, H. A. MEETZE, W. L. BUCK. GENERAL ORDERS. The Senate proceeded to the consideration of the General Orders on the Calendar, to wit: Resolution (by Mr. Cochran) that all Bills and other papers relating to unfinished business be filed with the Clerk of the Senate. The question was taken on agreeing to the resolution, and decided in the affirmative. |