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At 3:45 P. M., on motion of Mr. MYERS, the Senate went into Executive Session.
After the disposal of Executive business, the Senate returned to open session.
Mr. BOWEN presented the following, to be entered on the Journal :
In accordance with notice given yesterday, we, the undersigned Senators of the State of South Carolina, hereby place upon record this our protest against the passage of a Bill 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.
The law-making power of the State is, by virtue of the Constitution, vested in the General Assembly, to be composed of the Senate and a House of Representatives organized according to its provision. The two houses together compose the General Assembly. The Supreme Court of this state, the Court of last resort, has decided that the body over which the Hon. W. H. Wallace presides as Speaker is the constitutional House of Representatives, and consequently it must be a portion of the General Assembly. Section 21, Article II, of the Constitution, says: “No Bill shall have the force of law until it shall have been read three times, and on three several days, in each house, has had the great seal of the State affixed to it, and has been signed in the Senate House by the President of the Senate and the Speaker of the House of Representatives."
Section 22, Article II, of the Constitution, further says: “No money shall be drawn from the Treasury, but in pursuance of an appropriation made by law."
We submit that no body of men presided over by a private citizen, and with less than a constitutional quorum, can form any part of the General Assembly; consequently we protest against the action of the Senate in the pretended passage of the Bill referred to, and we give it as our opinion that it can never have the force of law.
R. E. BOWEN,
Mr. CRITTENDEN presented the following, to be entered on the Journal :
The undersigned, a member of the Judiciary Committee, to whom was referred a communication from Hon. W. D. Simpson, claiming and demanding, as the duly elected Lieutenant Governor of the State, bis right, when present, to preside over the Senate, and announcing his presence and readiness to enter upon the discharge of that duty, requests leave to submit the following views in writing :
The following is the communication referred to :
COLUMBIA, S. C., December 15, 1876. To the Honorable the Senators of South Carolina:
I have the honor of informing the Senators that yesterday, 14th Decemher, instant, the election returns for Governor and Lieutenant Governor were opened and published by the Honorable W. H. Wallace, Speaker of the House of Representatives, in the presence of the menbers of the House and Senators ; that Wade Hampton having received a majority of the votes cast for Governor, and W. D. Simpson baving received a majority of the votes cast for Lieutenant Governor, were declared duly elected to these offices respectively. That thereupon His Excellency Wade Hampton was inaugurated as Governor, and the oath of office was administered to bim; and I was inaugurated as Lieutenant Governor-then and there taking the oath prescribed in the Constitution. Under the provisions of the Constitution I am ex officio President of the Senate, and am entitled to the privilege of presiding over that body when present. The law-making power of the State is, by virtue of the Constitution, vested in the General Assembly, to be composed of the Senate and a House of Representatives, organized according to tis provisions.
The two Houses together compose the General Assembly, and each is an integral part thereof.
The Supreme Court of this State, the Court of last resort, has decided that the body over which the Hon. W. H. Wallace presides as Speaker is the constitutional House of Representatives, and consequently it must be a portion of the General Assembly. Such being the case, I respectfully submit that it is the duty of the Senators composing the Senate to unite with the House, and thus organize the General Assembly. Should this union take place and the Senate thus form a part of the General Assembly, the legislative power of the State will be in full activo.
I respectfully announce to you that, as Lieutenant Governor, I am present in the city of Columbia, and am prepared to discharge the duties of your presiding officer, which devolve upon me uuder the pro
visions of the Constitution, and I hereby claim the right of taking my
W. D. SIMPSON,
Mr. Simpson's demand is based upon his claim to having been legally elected to the office of Lieutenant Governor at the recent general election on the 7th of November, ultimo, and to the fact of the declaration of his having been elected to the said office having been legally made by the proper authority to make such declaration, and his having taken the oath of office prescribed by the Coostitution.
In support of the conclusion to which I have arrived, that Hon. W. D. Simpson has been duly and legally elected to the office of Lieutenant Governor, and is thereby entitled under the Constitution of the State to the right and privilege of presiding over the Senate, let the facts be can. didly submitted :
1. Under the Constitution and laws an election for the offices of Gov. ernor and Lieutenant Governor was held in all the Counties of the State on Tuesday, the 7th day of November, ultimo.
2. Article III, Section 4, of the Constitution says: “ The returns of every election of Governor shall be sealed up by the managers of election in their respective Counties and transmitted by mail to the seat of Government, directed to the Secretary of State.
" The Secretary of State shall deliver the returns to the Speaker of the House of Representatives at the next ensuing session of the General Assembly; and during the first week of the session, or as soon as the General Assembly shall have organized by the election of the presiding otficers of the two houses, the Speaker shall open and publish them in the presence of both houses.
“The person having the highest number of votes shall be Governor.
“Contested elections for Governor shall be determined by the General Assembly in such manner as shall be prescribed by law."
Section 5 of the same Article says: "A Lieutenant Governor shall be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor, and shall be ex officio President of the Senate."
In pursuance of the above provisions of the Constitution the votes of each of the Counties of the State were transmitted to Hon. H. E. Hayne, Secretary of State. They were afterwards by him handed to Mr. E. W. M. Mackey, claiming to be Speaker of a body which assumed itself to be the House of Representatives of South Carolina, but which was in no wise the legal and constitutional House of Representatives, and which
has since been declared by the highest judicial tribunal of the State, the Supreme Court, to be an illegal body, and the said E. W. M. Mackey to be only a private citizen.
3. That the said E. W. M. Mackey, in total disregard of the requirements of the Constitution, did not aggregate the votes of all the Counties in the State for the said offices respectively, and declare the result,” which would have announced the election of Wade Hampton as Gov. ernor, and W. D. Simpson as Lieutenant Governor, but proceeded to announce the result by Counties, until the Counties of Edgefield and Laurens, two Counties giving Democratic majorities, were reached, when the entire votes of those Counties were arbitrarily and illegally thrown out by the irregular and unlawful action of the unconstitutional body over which he presided, and of a majority of the Senate.
4. The Constitution of the State, after directing that the votes of all the Counties of the State, for the above named offices, shall be aggregated, and the person receiving the highest number of votes for each office, respectively, be declared elected, provides that “cases of contested elections for Governor shall be determined by the General Assembly in such manner as shall be prescribed by law." What says the law ? " In case of protest or contest for the offices of Governor or Lieutenant Governor, the two houses shall proceed to decide the question separately, each for itself, whether or not the protest or contest, as the case may be, shall be entertained; and the affirmative action of both houses is necessary to entertain the proposition.” This plain requirement of the Constitution was totally disregarded by the body claiming to be the House of Representatives, and presided over by Mr. E. W. M. Mackey, and by the majority of Senators acting with them.
5. In support of our assertion that the body presided over by Mr. E. W. M. Mackey, and claiming to be the legal House of Representatives of South Carolina, is an uolawful and irresponsible body, and in no wise a constitutional House of Representatives, we beg leave to submit, in addition to the solemn decree of the Supreme Court of the State, the tollowing facts with regard to its organization :
At the recent election held on the 7th day of November, it is shown by the returns of the Boards of County Canvassers, a majority of each of said Boards being composed of Republicans, that of the whole number of Representatives elected to the lower House of the General Assembly sixty-four were Democrats and sixty were Republicans.
Owing to the unlawful action of the Board of State Canvassers, three of whom were themselves candidates upon the Republican ticket, in throwing out the votes of Edgefield and Laurens Counties, in disobedience 10 the mandate of the Supreme Court of the State, and for which they were severally incarcerated in the jail of Richland County for contempt of its authority, no certificates of election were issued to the eight members from those Counties by the Secretary of State. These members, however, held certificates of membership in the House of Representatives from the Supreme Court of the State of South Carolina, sealed and signed by the Clerk of the Supreme Court of South Carolina. They also held certified copies of the returns of the Board of County Canvassers of their respective Counties showing their election.
On the fourth Tuesday in November, the 28th ultimo, the sixty-four Democratic members elect repaired to the State House to take part in the organization of the House of Representatives. At the door of the hall the members from Edgefield and Laurens were refused and debarred admittance by armed soldiers of the United States. A portion of their number being thus prevented from enteriug the hall, the sixty-four Democratic members, accompanied by one Republican member, proceeded to another hall in the city of Columbia, and organized, with a lawful quorum of sixty-five members, by the election of Hon. W. H. Wallace as Speaker, and John T. Sloan, Sr., as Clerk.
6. The body presided over by Mr. E. W. M. Mackey, ard by virtue of which position he claimed and exercised the right to open and publish the returns of the late election for Governor and Lieutenant Governor, we further declare to be illegal on the ground of having organized with a less number than a legal quorum, or, according to their own journals, with fifty nine members, whereas a majority of the whole representation, to wit, sixty-three, is necessary to form a quorum. Article XI, Section 7, of the Constitution of South Caroliua, says: "The House of Representatives shall consist of 124 members;" and Section 14 of the same Article defines a quorum to be “a majority of each House,” which, in the House of Representatives, is sixty-three.
7. The Supreme Court of South Carolina, the tribunal of last resort, and composed entirely of Republicans, in the case of W. H. Wallace vs. H. E. Haype and E. W. M. Mackey, has solemnly declared the body presided over by Hon. W. H. Wallace as Speaker, and of which John T. Sloan, Sr., is Clerk, to be the legal and constitutional House of Representatives of South Carolina, and, therefore, it is the legally authorized body before whom the returns of election of Governor and Lieutenant Governor are required to be opened, and Mr. Wallace, the lawful Speaker, to publish the result.
8. Certified copies of the returns of the recent election of Governor and Lieutenant Governor, under the seal of the Secretary of State, and certified copies of the same returns from the Boards of County Canvassers of each of the Counties of the State, were opened and published in the presence of the legal House of Representatives and a portion of the Senators by Hon. W. H. Wallace, Speaker of the House, on Thursday,