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Q. Did the commissioners of election canvass at all the votes of the Jacksonborough precinct?-A. They did not.

Q. Then none of the votes cast for Robert Smalls at the Jacksonborough precinct were counted for him by the commissioners ?-A. They were not.

Q. Were there any polls where the managers failed to canvass any votes for Congressman; and, if so, at what polls?-A. The managers of election at Horse Pen poll made no returns for members of Congress to the board of canvassers; the whole number of votes cast at that poll was two hundred and seventy-six. On examination of the ballot-box, as presented to the board of canvassers, ballots were found in the box containing the name of Robert Smalls for Congress.

Q. Is not Jacksonborough one of the strongest Republican precincts in the county?— A. It is among one of the strongest in the county.

Q. Was the Republican vote at Jacksonborough largely increased at this election? If so, state the cause.-A. Gloversville polling precinct having been closed on election day, and the precinct at Adams' Run, Ashepoo, and Bennett's Point having been abolished, necessarily increased the voters at Jacksonborough.

Q. Were they all Řepublican precincts?-A. They were all largely Republican pre

cincts.

Q. Is Jacksonborough the nearest point or the most convenient to the voters of those precincts you have named?-A. It is to some.

Q. Is it to most of them ?-A. It is.

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Q. Did you, as a member of that board, object to the way in which the commissioners, or a majority of them, proceeded to canvass the votes?-A. I did. I objected to the canvassing of the Walterboro' precinct, where the statement of the managers gave a total number of the votes cast and returned of nine hundred and fifteen, whereas the managers' own poll-list called for eight hundred and ninety-five names of voters I objected to the excess vote of twenty that has been reported. I objected to the returns of the managers made at Horse Pen of two hundred and seventy-six votes, and returning no vote for Congressman from that poll, or Presidential electors, because on examination of the box the box was found to contain votes for the Republican Congressman and Presidential electors. Also of Snider's Cross-Roads the managers made no returns for Presidential electors, and on examination the ballot-box was found to have contained votes for the same. Ridgeville, in like manner, the managers failed to report a total number of votes cast, according to their instructions, and also failed to return any votes for Presidential electors, and on examination the box was found to have contained votes for the same. I objected to the manner in which the Jacksonborough box was disposed of. I also objected to the George's Station returns, for reasons that the managers failed to return any votes for Presidential electors, and on examination the box was found to contain ballots for the same; also because the poll-list called for eleven hundred and sixty-two, and the statement of the managers was eleven hundred and sixty-six. These were some of the irregularities that caused me to object to some of the proceedings of the board.

Q. Did you raise these objections and call for a decision on them from the board, or did you simply take a note of them?-A. Iraised the objections, and had the decision of the board of two or three of the most prominent cases named, and they decided by the usual majority of two not to go behind the returns of the managers, after which I just called their attention in each instance, and made note of the irregularities. The vote of the county is certified for

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Corrected statement of the vote of the fifth Congressional district of

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Smalls' majority, 1,489.

I therefore recommend the adoption of the following resolutions : Resolved, That George D. Tillman was not elected as a Representative to the Forty-seventh Congress from the fifth Congressional district of South Carolina, and is not entitled to retain the seat which he now occupies in this House.

Resolved, That Robert Smalls was duly elected as a Representative from the fifth Congressional district of South Carolina in the Fortyseventh Congress, and is entitled to his seat as such.

JNO. T. WAIT.
J. M. RITCHIE.
S. H. MILLER.

A. H. PETTIBONE.
F. JACOBS, JR.
WM. G. THOMPSON.
G. C. HAZELTON.

I agree in the conclusion reached in the above report.

A. A. RANNEY.

VIEWS OF THE MINORITY.

The undersigned, members of the Committee on Elections, charged with the consideration of the contest for a seat in the House of Repre sentatives from the fifth Congressional district of South Carolina, submit the following minority report:

This district is composed of six counties, viz, Barnwell, Colleton, Edgefield, Beaufort, Aiken, and Hampton. The official returns of the vote for Congress show a majority of 8,038 for contestee. Contestant claims that this majority should be wiped out, and himself declared to have been elected, upon grounds which may be summarized as follows: 1. Because large numbers of votes were cast for him which were not counted for him by the precinct managers.

2. Because large numbers of votes counted for him by the precinct managers were unlawfully rejected by the county canvassers.

3. Because from the three counties of Barnwell, Colleton, and Edgefield the returns and poll-lists were not forwarded to the governor and secretary of state, as provided for by law.

4. Because of violence and intimidation in all the counties composing the fifth Congressional district, except Beaufort, whereby, as he claims, many of his adherents were prevented from voting for him.

These four charges, it is believed, with the testimony adduced in support of them, comprise the whole of contestant's case. The first three of them are so connected with the provisions of the election laws of South Carolina that in order to pass properly and intelligently upon them it is first necessary to acquire some knowledge of those laws.

The act of 1868 provides that the governor shall appoint three commissioners of election in each county, whose duties prior to the election are simply to appoint three managers of election at each precinct, and to provide one ballot-box for each election precinct. Within three days after the election the precinct managers were required to deliver to the commissioners of election the poll-lists and the boxes containing the ballots, whereupon the commissioners of election became the county board

of canvassers, whose duty it was to count the ballots in the boxes, to "make such statements thereof as the nature of the election shall require," and to transmit to the board of State canvassers any protests and all papers relating to the election.

This law, it will be observed, left the ballots in the hands of the precinct managers of election for three days uncounted, and liable to be tampered with to any extent which might be desired. To remedy this evil the following amendment to the election law, approved March 12, 1872, was passed:

SECTION 1. Be it enacted by the senate and house of representatives of the State of South Carolina, now met and sitting in general assembly, and by the authority of the same, That all general and special elections held pursuant to the constitution of this State shall be regulated and conducted according to the rules, principles, and provisions herein prescribed.

SEC. 2. The commissioners of election shall provide one box for each election precinct. An opening shall be made in the lid of the box, not larger than shall be suffi cient for a single ballot to be inserted therein at one time, through which each ballot received, proper to be placed in such box, shall be inserted by the person voting, and by no other. Each box shall be provided with a sufficient lock, and such box shall be publicly opened and inspected to see that it is empty and secure, and then locked just before the opening of the poll, and the keys returned to the managers, and shall not be opened during the election. Each box for such precinct shall be labeled as follows: "Congress,' State," 'Circuit," and "County Officers."

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SEC. 3. At the close of the election the managers and clerk shall immediately proceed, publicly, to open the ballot-box and count the ballots therein, and continue such count, without adjournment or interruption, until the same is completed, and make such statement of the result thereof, and sign the same, as the nature of the election shall require. If, in counting, two or more like ballots shall be found folded together compactly, only one shall be counted and the others destroyed; but if they bear different names, the same shall be destroyed and not counted. If more ballots shall be found on opening the box than there are names on the poll-list, all the ballots shall be returned to the box and thoroughly mixed together, and one of the managers or the clerk shall, without seeing the ballots, draw therefrom and immediately destroy as many ballots as there are in excess of the number of names on the poll-list. Within three days thereafter the chairman of the board of managers, or one of them, to be designated in writing by the board, shall deliver to the commissioners of election the poll-list, the boxes containing the ballots, and a written statement of the result of the election in his precinct. SEC. 4. After the final adjournment of the board of county canvassers, and within the time prescribed in this act, the chairman of said board shall forward, addressed to the governor and secretary of state, by a messenger, the returns, poll-list, and all papers appertaining to the election, the said messenger to be paid his actual expenses upon a certificate to be furnished him by the secretary of state. Said certificate shall be paid out of the funds provided for the payment of commissioners and managers of election.

SEC. 6. All acts or parts of acts in any way conflicting with this act are hereby repealed.

The further duties of the county board of canvassers are as follows: SEC. 18. They shall make separate statements of the whole number of votes given in such county for Representative in Congress, and separate statements of all other votes given for other officers. Such statements shall contain the names of the persons for whom such votes were given, and the number of votes given for each, which shall be written out in words at full length.

SEC. 13. There shall be prepared by the commissioners three separate lists of each statement, besides the lists to be filed in the office of the county clerk or secretary of state, and each list shall be certified to as correct by the signature of the commissioners subscribed to such certificate.

SEC. 20. After the final adjournment of the board of county canvassers, and within the time prescribed in section 15 of this chapter, the chairman of the board shall deposit in the nearest post-office, directed to the governor, secretary of state, and comptroller-general (the full postage paid), each one of the certified copies of the statement and certificate of votes prepared as provided in the last preceding section.

The board of State canvassers is composed of the secretary of state, comptroller-general, attorney-general, State auditor, State treasurer, adjutant and inspector general, and the chairman of the committee on

privileges and elections of the house of representatives, and its duties are thus prescribed:

SEC. 24. The board, when thus formed, shall, upon the 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.

SEC. 26. Upon such statements they shall then proceed to determine and declare what persons have been, by the greatest number of votes, duly elected to such offices or either of them. They shall have power, and it is made their duty, to decide all cases under protest or contest that may arise when the power to do so does not by the constitution, reside in some other body,

The power to decide contests conferred by section 26 has been held by the supreme court of the State not to extend to contests respecting election to a seat in the House of Representatives of the United States, on the ground that his power falls within the exception, residing, under the constitution, in the House itself.

The foregoing comprise all the provisions of law material to be here considered, and it is in the light of these provisions that contestant's charges are to be examined.

I. The first of these charges, as summarized above, is, that large numbers of votes were cast for him which were not counted for him by the precinct managers.

The election law of South Carolina, as quoted above, provides that if more votes are found in the ballot-box than there are names on the poll-list, all the ballots shall be returned to the box and thoroughly mixed together, and that one of the managers, or the clerk, without seeing the ballots, shall thereupon draw therefrom and immediately destroy as many ballots as there are in excess of the number of names on the poll-list. At a number of precincts in the fifth Congressional district of South Carolina excessive ballots were found in the boxes and were drawn out by a blindfolded manager, as required by law. And the only testimony in the record tending to prove the above charge on behalf of contestant, is the allegations of some of his witnesses that discrimination was made in drawing out this excess of ballots at certain precincts, through which the contestant lost more than his due proportion of the votes cast for him. On the other hand, as to every precinct save one against which this charge is made, the officer who drew out the excess, and one or more of the other officers who witnessed it, were produced, and testified that the drawing was in strict conformity with the requirements of the law, done publicly, without seeing the ballots, without discrimination, and with perfect fairness. And whether tested by their means of knowledge, their intelligence, their social standing and character, or any other of the tests which are applied in non-partisan, fair, judicial investigation, where the witnesses irreconcilably differ, no man who will read the record can hesitate to believe that the witnesses produced on behalf of the contestee are entitled to superior credit. There is absolutely no unpartisan, non-political test which can possibly lead to any other conclusion.

It is to be further observed here, that there is no testimony whatever tending to fix the responsibility for the excess of ballots upon the contestee's adherents. Republicans charge it upon the Democrats, and the Democrats charge it upon the Republicans; but there is no proof, nor anything which is offered as proof, by either side upon the subject. No single witness on either side claims to have either seen or heard of a 66 tissue ballot," or any other device for the purpose of creating an excess

of ballots, at any precinct in the entire district. There is some testimony as to voting more tickets than one, on both sides; but, if all the testimony upon this subject on both sides be accepted as true, it woulp not account for as many as fifty excessive ballots in the district.

Finally, upon this subject, if all the testimony offered on behalf of contestant in support of this charge be taken as true, it would not materially affect the result of the election. The following is a complete list of the precincts as to which there is any testimony in the record tending to prove fraud or unjust discrimination of this character:

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At Snider's Cross-Roads, Colleton, on the other hand, contestant's own witnesses show that only one Republican ballot was drawn out, with a quantity of Democratic ballots, the number of which is not stated, while at Page & Harberson's Store, in Aiken County, nineteen Democratic and seven Republican ballots were destroyed.

No testimony on behalf of contestee as to Summerhill precinct, in Aiken County, appears to have been taken. As to every other precinct, the charge of discrimination and fraud in the matter of the excess of ballots is met and answered as fully and completely as it is possible to meet a charge of that character. Yet, if held to be sustained, it is obvious from the foregoing statement, in the most favorable view possible for. contestant, viz, that none of the excessive ballots were cast by his adherents, that the sum total of votes thus lost to him, at all the precincts where discrimination of this character is charged in the testimony, did not exceed 398.

II. The second charge is, that large numbers of votes counted for him by the precinct managers were unlawfully rejected by the county

canvassers.

There is not one word of testimony, throughout the entire record, tending, however remotely, to prove the truth of any such charge as this.

There were seven precincts in the fifth Congressional district of South Carolina whose vote for Representative in Congress was not counted, viz: Jacksonborough and Horse Pen precincts in Colleton County, and Ethridge's Store, Perry's Cross-Roads, Coleman's Cross-Roads, Caughman's store, and Liberty Hill, in Edgefield County. The facts are as

follows:

It has been shown above that in order to remedy the evil in the elec tion law of 1868, under which the ballot-boxes were exposed for three days following the election to the risk of unauthorized and corrupt interference, the amendment of 1872 required the votes to be counted, not by the county board of canvassers, as required by the act of 1868, but

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