Mr. J. W. Throckmorton Mr. Charles C. B. Walker Mr. Erastus Wells Mr. Benjamin A. Willis Benjamin Wilson Fernando Wood Jesse J. Yeates Casey Young. Mr. Ezekiel S. Sampson Mr William E. Smith William A. Wheeler The question then recurred on the adoption of the substitute submitted by Mr. Springer for the motion submitted by Mr. Banks. And being put, The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are Mr. Josiah G. Abbott Lucien L. Ainsworth Jos. C. S. Blackburn Mr. John B. Clark, jr. Mr. John R. Goodin Thomas M. Gunter Thomas L. Jones J. Proctor Knott Mr. Lucius Q. C. Lamar Franklin Landers Mr. Springer moved to reconsider the vote last taken, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to. Mr. McCrary, as a question of privilege, moved that the oath of office be administered to Mr. C. W. Buttz as a Representative from the second congressional district of the State of South Carolina; When Mr. Abram S. Hewitt moved to suspend the rules and adopt certain resolutions submitted by him. The Speaker decided that, pending the decision of so high a question of privilege as the right of a member to a seat, a motion to suspend the rules was not in order. After debate, The following protest against the admission of Mr. Buttz to this House as a Representative from the second congressional district of the State of South Carolina was presented by Mr. Morrison and read, viz: To the Honorable the House of Representatives of the United States: The memorial and protest of M. P. O'Conner, Edward McCrady, G. L. Buist, C. R. Miles, F. W. Dawson, T. G. Barker, Henry E. Young, Aug. T. Smythe, H. A. M. Smith, T. R. McGahan, and C. H. Simonton, on behalf of themselves and others, citizens of South Carolina and voters in the second congressional district thereof, respectfully showeth unto your honorable body that upon the 3d day of November, 1874, there was had, in the State and district aforesaid, a general election for the choice of a member of Congress for the said second congressional district. That E. W. M. Mackey and C. W. Buttz were candidates thereat, the said E. W. M. Mackey receiving a majority of the votes cast. That the said C. W. Buttz protested the election of the said Mackey, and, the said protest having been heard before the Committee of Elections, the said committee reported to the House of Representatives the following resolution, which was adopted by the House of Representatives upon the 19th day of July, 1876: Resolved, That neither C. W. Buttz nor E. W. M. Mackey was lawfully elected to the Forty-fourth Congress from the second congressional district of South Carolina, nor is either of them entitled to a seat in said Congress. By the adoption of which resolution a vacancy was created in the representation of said second congressional district of South Carolina. And your petitioners further show that the said C. W. Buttz now claims to have been elected to fill such vacancy, and to take his seat under a certificate from the secretary of state of the State of South Carolina, forwarded to your honorable body, and purporting to be a legal certificate of said election, whereas no such legal election has ever been had, and the said certificate is null and void for the following reasons: 1. The Constitution of the United States, section 2, article 1, provides, "When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancy." But in this case of vacancy the executive authority of the State of South Carolina failed and neglected to issue any writ of election to fill such vacancy. 2. That the vacancy created and declared by the resolution of the House of Representatives was a vacancy in the representation of the second congressional district of South Carolina, composed by law of the counties of Charleston, Orangeburgh, Clarendon, and Lexington, while the said pretended election was held only in the counties of Charleston, Orangeburgh, and Clarendon, altogether omitting the county of Lex. ington. 3. By the election-law of the State of South Carolina it is provided (chapter 8, section 24, Revised Statutes) that the board of State canvassers "shall, upon certified copies of the statements made by the board of county canvassers, proceed to make a statement of the whole number of votes given at such election for the various officers, and for each of them voted for, distinguishing the several counties in which they were given. They shall certify such statements to be correct, and subscribe the same with their proper names." "SEC. 25. They shall make and subscribe on the proper statement a certificate of their determination, and shall deliver the same to the secretary of state." By section 32 it is provided that the secretary of state "shall prepare a general certificate, under the seal of the State, and attested by him as secretary thereof, addressed to the House of Representatives of the United States in that Congress for which any person shall have been chosen, of the due election of the person so chosen at such election as Representative of this State in Congress, and shall transmit the same to the said House of Representatives at their first meeting." But the certificate issued in this case by the said board of State canvassers in pretended obedience to this law was issued in defiance and contempt of a prohibitory order of the supreme court of the State of South Carolina, prohibiting them to take any action thereunder until the decision of said court of certain questions then properly pending before it, and that for such contempt of the order of said court the said board of State canvassers was duly and lawfully committed to custody by the said supreme court, and have not by purging said contempt been discharged therefrom. Wherefore the said certificate and the certificate of the said secretary of state based thereon are null and void. And your petitioners pray that your honorable body will therefore refuse to receive said credentials, and declare said pretended election null and void. M. P. O'CONNER, ED. MCCRADY, C. H. SIMONTON, By WM. HENRY TRESCOT, Attorney for Petitioners. Mr. Morrison submitted the following resolution as an amendment, in the nature of a substitute for the motion submitted by Mr. McCrary, viz: Resolved, That the credentials of C. W. Buttz, claiming to be a member-elect to fill the vacancy which, under a resolution of this House, has occurred in the second congressional district of South Carolina, together with the protest on behalf of certain citizens of said congressional distriet, which has been filed with the Clerk of the House, alleging that the said credentials are null and void, and all the papers relating to said matter in the possession of the Clerk, be referred to the Committee on Elections, with instructions as early as possible to report upon the prima facie right of the said C. W. Buttz to a seat on the floor of this House as the representative of said second congressional district of South Carolina. The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are— Mr. Josiah G. Abbott Lucien L. Ainsworth Mr. George C. Cabell John H. Caldwell Bernard G. Caulfield Mr Samuel S. Cox Mr. Benjamin J. Franklin Benoni S. Fuller John Hancock Aug. A. Hardenbergh Mr. Morrison moved to reconsider the vote last taken, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to. Mr. Abram S. Hewitt moved that the rules be suspended, and that the House adopt the following resolutions, viz: Resolved, That three special committees, one of fifteen members to proceed to Louisiana, one of six members to proceed to Florida, and one of nine members to proceed to South Carolina, shall be appointed by the Speaker of the House to investigate recent elections therein and the action of the returning or canvassing boards in the said States in reference thereto, and to report all the facts essential to an honest return of the votes received by the electors of the said States for President and Vice-President of the United States, and to a fair understand |
