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ness is defined to be "a majority of each House," which, in the House of Representatives, is sixty-three. There not having been that number in the body presided over by E. W. M. Mackey, Esq., according to its own. Journals, when he was sworn in, it was not the House of Representatives of the State of South Carolina, and being illegal in its fundamental organization, cannot become legal by any subsequent act, but, to become a part of the House of Representatives, must dissolve and begin de novo. THOMAS B. JETER,

A. P. BUTLER,

I. D. WITHERSPOON,
JONES M. WILLIAMS,
R. E. BOWEN,

R. G. HOWARD,

W. A. EVANS,

G. CANNON,

J. W. LIVINGSTON,

W. L. BUCK,

S. S. CRITTENDEN,

HENRY A. MEETZE.

On motion of Mr. WHITTEMORE, at 12:10 P. M., the Senate adjourned.

MONDAY, DECEMBER 4, 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. B. H. WILLIAMS.

On motion of Mr. WARLEY, the reading of the Journal of Saturday was dispensed with.

Mr. WHITTEMORE moved that the Senate take a recess until 1:30 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, 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, at 12:15 P. M., the Senate took a recess until 1:30 P. M.

RECESS.

At 1:30 P. M. the PRESIDENT resumed the chair.

PETITIONS.

The PRESIDENT laid before the Senate

Report of the Attorney General, Hon. William Stone, of cases argued, tried or conducted by him since May 1, 1876, at the time of his entrance upon the duties of the office; which was ordered to be printed and copies laid on the desks of Senators.

Mr. SWAILS presented the protest of T. N. Tolbert against the admission of Hon. J. C. Maxwell to a seat in the Senate; which was referred to the Committee on Privileges and Elections.

BILLS INTRODUCED.

Mr. WHITTEMORE, pursuant to notice, introduced

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

The Bill received its first reading, was ordered for a second reading and consideration to-morrow, and to be printed.

Mr. CORWIN moved that the Senate adjourn.

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

Mr. TAFT called for the yeas and nays.

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

Yeas-Messrs. Bowen, Buck, Butler, Cannon, Cochran, Corwin, Crittenden, Evans, Howard, Jeter, Johnston, Livingston, Meetze, Nash, J. M. Williams, Witherspoon-16.

Nays-Messrs. Bird, Carter, Clinton, Duncan, Gaillard, Green, Maxwell, Myers, Swails, Taft, Walker, Warley, B. H. Williams, Whittemore-14.

So, at 1:50 P. M., the Senate adjourned.

TUESDAY, DECEMBER 5, 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. B. F. Porter, of Abbeville.

On motion of Mr. DUNCAN, 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 Monday, December 4, 1876, at 2 P. M., and make it the Special Order for Tuesday, December 5, 1876, at 2 P. M.

Mr. MYERS moved that the Senate concur.

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

Mr. BOWEN called for the yeas and nays.

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, Eutler, Cannon, Cochran, Crittenden, Evans, Howard, Jeter, Livingston, Meetze, J. M. Williams, Witherspoon-13.

So the resolution was concurred in..

Ordered, That it be returned to the House of Representatives.

PETITIONS, &c.

Mr. CRITTENDEN presented the report of the County Board of Canvassers of Abbeville County of the votes cast at the election for Senator of Abbeville County to fill the unexpired term of Hon. J. HolJinshead, deceased.

Mr. CRITTENDEN moved that the oath of office be administered to Hon. J. C. Maxwell, Senator elect from Abbeville County, as shown by the report, and that he be admitted to his seat in the Senate.

After debate, participated in by Messrs. Swails, Crittenden, Meetze, Jeter, Livingston, Taft,

Mr. TAFT moved that the matter under consideration be referred to the Committee on Privileges and Elections.

On the question of agreeing to the motion of the Senator from Charles

ton,

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, Gaillard, Johnston, Maxwell, Myers, Swails, Taft, Walker, Warley, B. H. Williams, Whittemore-15.

Nays-Messrs. Bowen, Buck, Butler, Cannon, Cochran, Crittenden, Evans, Green, Howard, Jeter, Livingston, Meetze, Nash, J. M. Williams, Witherspoon-15.

The PRESIDENT voted in the affirmative.

So the report was referred to the Committee on Privileges and Elections.

GENERAL ORDERS.

The Senate proceeded to the consideration of the General Orders on the Calendar, to wit:

Resolution (by Mr. Cochran) that a Committee of four be appointed to inquire as to the fact of a legal quorum existing in the House of Representatives.

Mr. TAFT moved that the further consideration of the resolution be postponed, and made the Special Order for Thursday, December 7, 1876, at 1 P. M.

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

Mr. SWAILS called for the yeas and nays.

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

Yeas-Messrs. Bird, Carter, Clinton, Corwin, Duncan, Gaillard, Green, Johnston, Maxwell, Myers, Nash, Swails, Taft, Walker, Warley, B. H. Williams, Whittemore-17.

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

So the further consideration of the resolution was postponed, and made the Special Order for Thursday next, at 1 P. M.

Resolution (by Mr. Cochran) that a Special Committee of five be appointed to prepare and report sundry amendments to the State Constitution.

On motion of Mr. WHITTEMORE, the resolution was agreed to. The Sergeant-at Arms announced

MESSAGE FROM THE GOVERNOR.

Message No. 1 from His Excellency the Governor was presented to the Senate by Mr. Charles Babbitt, Private Secretary.

The PRESIDENT announced that the Message related to Executive business.

GENERAL ORDERS.

The Senate resumed the consideration of General Orders, to wit: Resolution (by Mr. Swails) to refer to the Committee on Privileges and Elections all papers relating to protest or contest in the Senate.

Mr. JETER moved that the further consideration of the resolution be postponed, and made the Special Order for Thursday, December 7, 1876, at 1:15 P. M.

Pending the consideration of the motion of the Senator from Union, The PRESIDENT announced the hour arrived for the Special Order.

JOINT CONVENTION.

The Senate, at 1 P. M., proceeded to the hall of the House of Representatives.

The Speaker, Hon. E. W. M. MACKEY, announced that, agreeably to concurrent resolution, the two houses had assembled in Joint Convention for the purpose of hearing read the returns of the election for Governor and Lieutenant Governor of the State of South Carolina.

The Clerk read, for the information of the Joint Convention, Section 4, Article III of the State Constitution.

The Clerk also read the following resolution:

Resolved by the House of Representatives, the Senate concurring, That the Senate and House of Representatives shall assemble in the hall of the House of Representatives, at 2 o'clock P. M., Friday, December 1, and the Speaker of the House of Representatives shall be their presiding officer. One teller shall be appointed 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, having read the same in the presence and hearing of the two Houses thus assembled, shall make a list of the votes as they appear from said returns, and the Speaker shall publish the same in the presence of the two Houses; and the votes having been counted, the result of the same shall be delivered to the Speaker of the House of Representatives, who shall thereupon announce the state of the vote aud the names of the persons, if any, elected; which announcement shall be deemed a sufficient declaration of the persons elected Governor and Lieutenant Governor; and, together with a list of the votes, shall be entered on the Journals of both Houses.

If upon the reading of any such returns in the presence of both

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