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The PRESIDENT ruled the paper out of order, and that it could not be received unless ordered by a vote of the Senate.

Mr. MEETZE appealed from the decision of the Chair.

On the question, "Shall the decision of the Chair be sustained as the judgment of the Senate?"

The yeas and nays were taken, and resulted as follows:

Yeas-Messrs. Bird, Carter, Clinton, Corwin, Duncan, Green, Johnston, Maxwell, Myers, Nash, Swails, Taft, Walker, Warley, B. H. Williams, Whittemore--16.

Nays-Messrs. Bowen, Buck, Butler, Cannon, Cochran, Crittenden, Evans, Howard, Jeter, Livingston, Meetze, J. M. Williams, Witherspoon-13.

So the decision of the Chair was sustained.

Mr. SWAILS presented the protest of Hon. Y. J. P. Owens against the admission of Hon. R. P. Todd to a seat in the Senate; which was referred to the Committee on Privileges and Elections.

NOTICES OF BILLS.

Mr. WHITTEMORE gave notice that he will on to-morrow, or some subsequent day, ask leave to introduce

Bill relative to the inauguration of Governor and Lieutenant Governor of South Carolina.

RESOLUTIONS.

Mr. COCHRAN introduced the following resolutions:

Whereas there exists grave doubts in the minds of many Senators as to the fact of a legal quorum existing in the House of Representatives as reported to this body yesterday; and

Whereas the determination of this question is of the highest importance to our future proceedings;

Resolved, That a Committee of four be appointed by the President or the Senate, composed of equal numbers from each of the two political parties, to enquire into this fact and report as speedily as possible to the Senate all the facts necessary to settle this question.

Whereas in the platform of the Republican party specific pledges to amend the Constitution of South Carolina were made; therefore, be it Resolved, That a Special Committee of five be appointed by the President of the Senate to prepare and report said amendments as soon as practicable.

Ordered for consideration on Friday next.

Mr. SWAILS introduced the following resolution:

Resolved, That all papers relating to protest or contest of seats of members of the Senate be referred to the Committee on Privileges and Elections.

Ordered for consideration on Friday next.

Mr. GREEN introduced the following resolution:

Resolved, That when this Senate adjourns, it stand adjourned to meet. on Tuesday next.

Ordered for consideration on Friday next.

Mr. BOWEN entered the following protest, to be entered on the Journal:

In accordance with notice given yesterday, we, the undersigned Senators of the State of South Carolina, beg leave to place upon record this our solemn protest against all proceedings by this body, which, in any degree, recognize the legality 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 Hall of Representatives. The Constitution of South Carolina makes each House the judge of the "election returns, and qualifications of its own members." The Supreme Court of this State has, by formal judgment, decided that 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 of the United States, who barred with bayonets the door of the Hall of Representatives, and acted as judges of the "election returns and qualifications of its members."

We have seen armed forces of the United States overriding the plain declaration of the Constitution of the State. We have witnessed the solemn mockery of the corporal of the guard reviewing and reversing the judgment of the highest Court. We have seen the spectacle, humiliating in the last degree to every right-minded American, of the Halls of Legislature occupied at the hour of midnight, and holding them against the ingress of the law-making power; and this at a time of the profoundest peace, and when not a single act of violence furnished the slightest pretext for the usurpation. We have seen the still more humiliating spectacle of United States troops having been placed under the immediate control, and receiving orders from, a citizen, without authority, and a partisan of the present Administration. We have seen this citizen assuming absolute control over the Capitol of a Commonwealth, and admitting through the lines of armed sentinels his own partisans, upon his own edict or writ

ten pass from another citizen who was selected by his partisans to organize a House of Representatives. We have seen this body of partisans thas admitted, claiming to organize the House, but without a quorum, in violation of law, in defiance of the Supreme Court and under the protection of the United States troops.

We, therefore, enter this our protest against any recognition of the said body pretending to be the House of Representatives of the State of South Carolina, and for the following reasons:

First. The said body having organized without a constitutional quorum, there being but fifty nine members present, as shown by its own journal, whereas a majority of the entire representation is requisite to a quorum, to wit: Sixty-three members, as set forth in the Journals of the House during the past eight years, and as confirmed by the immemorial. practice of legislative bodies in every American State; and we do further allege, on our responsibility as Senators, that the said body is still without a constitutional quorum, and therefore wanting in the organic character of the House of Representatives of South Carolina, and ought not to be recognized as such.

Second. That said resolution was adopted by the Senate before any announcement was made of an organization by any House of Representatives.

Third. That in fact, and in truth, no legal and effectual organization of a House of Representatives was at that time made.

Fourth. That the body of men claiming to be a House of Representatives, and from which the announcement of said organization came, has not and cannot organize, by reason of the non-existence of a quorum.

Fifth. We further and finally protest against the adoption of the said resolution, for this reason: That we have since received official notification of the organization of the House of Representatives, now sitting in Carolina Hall, where a quorum of legally constituted members does exist, and of which body Hon. William H. Wallace has been elected Speaker, and John T. Sloan, Cierk.

G. CANNON,
T. B. JETER,
W. A. EVANS,

R. E. BOWEN,

A. P. BUTLER,

J. M. WILLIAMS,

S. S. CRITTENDEN,

W. L. BUCK,

H. A. MEETZE,

R. G. HOWARD,

J. W. LIVINGSTON,

I. D. WITHERSPOON.

Mr. COCHRAN entered the following protest, to be entered on the Journal:

As Senator I do solemnly protest against any further communication with the House of Representatives, sitting in the other end of this building, until it be ascertained whether or not the said body is composed of a lawful quorum, as well as the causes preventing the same.

On motion of Mr. WHITTEMORE, at 2:30 P. M., the Senate adjourned until Friday, December 1, at 12 M.

FRIDAY, DECEMBER 1, 1876.

The Senate assembled at 12 M., and was called to order by the PRESIDENT.

The roll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. Prayer by Rev. A. W. Cummings.

On motion of Mr. MYERS, the reading of the Journal of Wednesday was dispensed with.

Mr. WHITTEMORE moved that the Senate take a recess until 1:45 P. M.

On the question of agreeing to the motion of the Senator from Darlington,

Mr. JETER called for the yeas and nays.

The

yeas and nays were taken, and resulted as follows:

Yeas-Messrs. Bird, Carter, Clinton, Cochran, Corwin, Duncan, Gaillard, Green, Johnston, Maxwell, Myers, Nash, Swails, Taft, Walker, Warley, B. H. Williams, Whittemore-18.

Nays-Messrs. Bowen, Buck, Butler, Canncn, Crittenden, Evans, Howard, Jeter, Livingston, Meetze, J. M. Williams, Witherspoon-12. So the Senate, at 12:25 P. M., took a recess until 1:45 P. M.

RECESS.

At 1:45 P. M. the PRESIDENT resumed the chair.

PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House sent to the Senate,

Concurrent resolution to discharge the Special Order for this day, at 2 P. M., until 2 P. M. to-morrow.

On motion of Mr. MYERS, the resolution was concurred in.
Ordered, That it be returned to the House of Representatives.

PETITIONS, &c.

Mr. SWAILS presented the petition and protest of Hon. L. Cain, relative to the admission of Hon. M. W. Gary to a seat in the Senate; which was referred to the Committee on Privileges and Elections.

On motion of Mr. WHITTEMORE, at 1:50 P. M., the Senate adjourned.

SATURDAY, DECEMBER 2, 1876.

The Senate assembled at 12 M., and was called to order by the PRESIDENT.

The roll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. On motion of Mr. MAXWELL, the reading of the Journal of yesterday was dispensed with.

PAPERS FROM THE HOUSE OF REPRESENTATIVES.

The House sent to the Senate,

Concurrent resolution to discharge the Special Order for this day at 2 P. M., (Joint Convention,) and make it the Special Order for Monday, December 4, 1876, at 2 P. M.

On motion of Mr. JOHNSTON, the resolution was concurred in.
Ordered, That it be returned to the House of Representatives.

Mr. JETER presented the following protest, to be entered on the Journal:

According to previous notice given in open Senate, we, Senators of South Carolina, make this our protest to the adoption of the resolution inviting the Senate to be present at the counting of the votes for Governor and Lieutenant Governor, which emanated from a body presided over by E. W. M. Mackey, Esq., pretending to be the House of Representatives, for the following reasons, viz.:

The Constitution of South Carolina, Article XI, Section 7, says: "The House of Representatives shall consist of one hundred and twentyfour members;" and in Section 14 of same Article a quorum to do busi

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