eral and William H. Stone, Attorney-General. All of these were Republicans, and Hayne, Cardozo, and Dunn, were candidates for reelection. M. J. Hirsch, chairman of the Committee on Privileges and Elections of the House of Representatives, was also by law a member of the board, but did not act on this occasion. Soon after the assembling of the board, General Conner, counsel for the Democratic candidates, submitted the following paper as to the jurisdiction of the board:

On behalf of the citizens of the State whom we represent, and of the Democratic candidates on the State ticket, we submit that all acts of the General Assembly authorizing the Board of State Canvassers to hear and decide all cases under protest or contest that may arise in regard to the election of electors for President and Vice-President, members of Congress, and all officers elected at any general election held in this State, are in violation of section 2 of Article I. of the constitution, and therefore unconstitutional and void.

And on behalf of the parties aforesaid we demand that the Board of State Canvassers now assembled shall not hear or decide any such cases of contest or protest, but shall only act ministerially in ascertaining, from the returns and statements forwarded by the boards of county canvassers, the persons who have received the greatest number of votes for the offices for which they were respectively candidates, and declare the same and certify it to the Secretary

of State.

The laws of the State require the votes cast to be counted immediately upon the closing of the polls by the precinct managers, who forward statements of the results to the Board of County Canvassers. From these statements the county canvassers make the proper county statements, and forward them with the precinct managers' returns, the poll-lists, and all papers appertaining to the election, to the Board of State Canvassers, who make the proper statements and determinations, declaring duly elected the persons who have received the greatest number of votes, whereupon copies of such statements and determinations are forwarded to such persons. This is applicable to all elections except those for Governor and Lieutenant-Governor, in which the returns are sealed up in the respective counties and transmitted to the Secretary of State, who is to deliver them to the Speaker of the House of the General Assembly; and during the first of Representatives at the next ensuing session week of the session, or as soon as the General Assembly shall have organized by the election of the presiding officers of the two Houses, the Speaker shall open and publish them in the presence of both Houses, and the person having the highest number of votes shall be Governor. The Board of State Canvassers

has jurisdiction by statute 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.

On behalf of the Democratic candidates it was not denied that the statute gave to the board power to hear and determine cases of protest and contest; but it was contended that to hear or decide cases of protest or contest would be an exercise of judicial functions, and that, as the board was composed of members of the Executive branch of the State government, the statute vesting in it such powers was in violation of that provision of the constitution, which prohibits executive officers from exercising judicial functions; that no

judge can sit in his own case (three members of the Board of Canvassers being candidates) or in a case in which he is interested; and that questions relating to the election of members of the Legislature were by the constitution vested in that body.

On the 14th R. M. Sims and certain other persons, as Democratic candidates and citizens, applied to the Supreme Court of the State for a writ of prohibition to restrain the board from exercising any judicial functions in regard to the protests and contests, and from doing anything else than ascertaining from the managers' returns and the statements forwarded by the Board of County Canvassers the persons who had received the greatest

number of votes, declaring and certifying the same to the Secretary of State; and also for a writ of mandamus to compel the board to make such ascertainment, declaration, and certificate. Before proceeding to final judgment, the court (F. J. Moses, Chief-Justice) on the 17th made an order, "as auxiliary to its final action," that the Board of State Canvassers do forthwith proceed to aggregate the statements forwarded to them by the Board of County Canvassers and ascertain the persons who have received the greatest number of votes for the offices for which they were candidates respectively at the general election, held in the State on the 7th instant, and certify their action in the premises, under this order, to the court.

This order to apply to all officers voted for at the said general election, except the offices of Governor and Lieutenant-Governor, which are not in question by the pleadings.

On the 21st the board made a report to the court, stating what persons had received the highest number of votes for all the offices except those of Governor and Lieutenant-Gov

ernor.

From this it appeared that the Republican presidential electors had been chosen by an average majority of 816, the average Republican vote being 91,672, and the average Democratic 90,856. The highest vote for any Republican elector was 91,870, and the lowest 91,136; highest for any Democratic elector 90,906, lowest 90,737. The tabulated results for State officers were as follows:

Appended to the report of the board was the following memorandum stating that in their opinion certain irregularities should be corrected in favor of the Republican candidates for Controller and Superintendent of Education, and that frauds and intimidation had been practised in Laurens and Edgefield Counties, which they had been precluded from investigating. They say:

This statement is made to the court in obedience to its order of November 17, 1876; but it is respectfully submitted that, under the present proceedings in this court, this board is not, by law, compelled to report any of its actions to the court.

This board further declares that, in its opinion, the votes returned for F. C. Dunn for ControllerGeneral should be counted for T. C. Dunn, the only candidate for the office of Controller-General by the name of Dunn. By making this addition to the votes cast for the said office, the said T. C. Durn has received 91,176 votes for the office of ControllerGeneral, which gives him a majority. So, also, votes, 532 in number, returned for John B. Tolbert, should be counted for John R. Tolbert for the office of Superintendent of Education. By making this

addition the said Tolbert has received for the said office 91,644 votes, which gives him a majority. The board further shows to this court that allega tions and evidences of fraud have been filed with this board as to the election held in Edgefield Courty by many managers of election in said county: that similar allegations have been made and filed as to one or more precincts in Barnwell County; that the statements of the Commissioners of Election for Laurens County laid before this board were signed by two commissioners only, one of wher signed, as he certifies, under protest. The said commissioner has also filed an affidavit that the reason he signed the said statements was because he was in fear of bodily injury if he refused to do so; that various protests and notices of contests have been filed from counties of the State, alleging irregularities on the part of election-officers, illegal voting, etc.; that in view of said allegations, protests, and notices of contests, none of which have been heard or passed upon by this board, because of the pendency of these proceedings, the board car not, in their opinion, properly ascertain and certify who have actually received the greatest number of legal votes in the said counties for the several offices voted for, unless they have the opportunity of investigating these allegations and hearing evidence upon these protests.

On the 22d the court issued a "writ of peremptory mandamus" commanding the board "forthwith to declare duly elected to the of fices of Senators and members of the House of Representatives the persons who by said certificate of the said board to the court have received the greatest number of votes therefor; and to forthwith deliver a certified statement and declaration thereof to the Secretary of State; and commanding the Secretary of State to make the proper record thereof in his office, and without delay transmit a copy thereof, under the seal of his office, to each person thereby declared to be elected, and a like copy to the Governor, and cause a copy thereof to be printed in one or more public newspapers of this State."

On the same day the court issued a rule requiring the board to show cause on the 24th why a writ of mandamus should not be issued

compelling the members to proceed in the case of presidential electors with the merely ministerial duty of comparing the returns of the precinct managers with those of the boards of county managers, and, in order to correct errors, to report the result to the court.

Pending these proceedings in court, but before the service of the above writ and rule, the board, holding that their powers and duties were limited by statute to ten days, which expired on this day, the 22d, issued certificates of election to the Republican presidential electors and to the Republican State officers, making the corrections above referred to in the case of the Controller and the Superintendent of Education. Certificates were also issued to members of Congress and of the Legislature, and to county officers. They refused to make any determination or issue any certificates as to Edgefield and Laurens Counties, on the ground of frauds, violence, and irregularities in those counties. The board then adjourned sine die.

This action, alleged to have been done in contempt of the authority of the Supreme Court, caused much excitement, and called forth the following address from Wade Hamp

ton:

COLUMBIA, S. C., November 22, 1876.

To the People of South Carolina.

The Board of Canvassers have, by their unprecedented action to-day, shown not only their contempt and defiance of the Supreme Court of the United States, but their utter disregard of their own official integrity. While the grave questions determining the result of the recent election were pending before the Supreme Court, composed of three judges belonging to the Republican party, and in direct violation of the orders of this tribunal, the board have issued certificates of election to the Republican presidential electors and to the Republican State officers, and have refused to give certificates to Democratic members of the Legislature shown by the returns of this same board to have been elected in the counties of Edgefield and Laurens. This high-handed outrage is well calculated to arouse the indignation of our long-suffering people; but I assure them that this daring and revolutionary act of the board can have no legal force whatever. I appeal to you,

therefore, in the fullest confidence that the appeal will not be unheeded, that you will maintain, even under that provocation, your character as an orderly and law-abiding people. During the past exciting canvass you have studiously avoided even the semblance of a purpose to disturb the public peace or to transgress the law. Your cause-and it is the cause or the constitutional government of the countryhas been carried to the highest court of the State, and we are willing to abide by its decision, feeling assured that this tribunal will see that the laws shall be enforced and justice secured.

WADE HAMPTON.

On the 24th proceedings for contempt were begun in the Supreme Court against the board, and on the following day each member of the board was fined $1,500, and ordered to be committed to the jail of Richland County until further orders of the court. On the 27th

the members of the board were brought into the United States Circuit Court, before Judges Bond and Bryan, on habeas corpus proceed

ings. The application for the writ was based on the ground that the board were discharging the duties of appointing presidential electors, when the Supreme Court of the State interfered with them. On December 11th Judge Bond held that the Supreme Court had no jurisdiction over the members of the board, and ordered their release from custody.

As the time for the meeting of the Legislature approached, it was thought that the presence of United States troops at the StateHouse would be necessary to preserve the peace, and application to that effect was made to the President by Governor Chamberlain. The following order was then issued to the officer in command of the Federal troops:

WASHINGTON, D. C., November 26, 1876. General THOMAS H. RUGER, or Colonel H. M. BLACK, Columbia, S. C.

The following has been received from the President:

EXECUTIVE MANSION, November 26, 1876. Hon. J. D. CAMERON, Secretary of War. State of South Carolina beyond any controversy, and remains so until the new Governor shall be duly and legally inaugurated under the constitution. The Government has been called upon to aid, with the military and naval forces of the United States, to maintain republican government in the State against resistance too formidable to overcome by State authorities. You are directed, therefore, to sustain Governor Chamberlain in his authority against domestic violence until otherwise directed.

SIR: D. H. Chamberlain is now Governor of the

When the Legislature met to organize on the 28th, troops were stationed in and around the State-House. Governor Chamberlain had instructed United States Marshal John C. Dennis to admit to the State-House, on the day of the assembling of the Legislature, only perissued by Mr. Jones, Clerk of the former sons having official business. Orders had been House, that only members having certificates of election from the Secretary of State should be admitted to the Hall of the House of Representatives. On the day of the assembling of the Legislature, 64 Democratic members, including those from Edgefield and Laurens Counties, applied for admission to the Hall of Representatives. The members from Edgefield and Laurens had not received certificates of their election from the Secretary of State, but had obtained certificates from the Supreme Court. They were therefore refused admission to the Hall, whereupon the entire body of Democrats withdrew to the front of the StateHouse, and read the following protest:

Representatives elect, protest against the refusal to We, a majority of the members of the House of admit us to the Hall of Representatives. We protest against the military power of the United States

barring the passage into the State-House of members-elect of the Legislature. We protest against the legality of the proceedings, and especially against the army of the United States being placed for the purpose of this exclusion under the command of one John B. Dennis, a partisan of Governor Chamberlain. We protest against the said Dennis's instructions to the guard to admit no one to the StateHouse except upon his own pass or a pass of A. O. Jones, the former Clerk of the House, who may thus exclude all except his own partisans, and who, by the Republican programme, is to organize the said House.

We have presented ourselves with the judgment of the highest court of South Carolina, certified to by its clerk, with the great seal of the court attached, as to our right to participate in the organization of the said House. We are refused, by the orders of the said Dennis, admission to said Hall, except upon his pass, the pass of said Jones, or the certificate of H. E. Hayne, Secretary of State, who is now under condemuation of said court for refusing to issue certificates in accordance with its judgment

and mandate.

In protesting against this barefaced usurpation, this trampling on the laws and the constitution of the State, this defiance of the highest tribunal of the State, it is our purpose to offer no resistance to this armed intervention, but to make our solemn appeal to the American people, without distinction of party. Our veneration for law, our respect for the Supreme Court, and the usages of all legislative assemblages, forbid our participation in such unprecedented and revolutionary proceedings.

The Republican members, 59 in number, of whom 54 were colored, proceeded to organize the House. E. W. M. Mackey was elected Speaker. The whole number of members of the House is 124. But it was claimed that, excluding the members from Edgefield and Laurens, the number of members having lawful certificates of election was 116, and that a majority of this number, 59, constituted a quorum of the House.

The Senate also organized with a slight Republican majority, and reëlected General Swails (Republican) President.

The 64 Democratic members of the House, after withdrawing, proceeded to Carolina Hall, and organized with William H. Wallace as Speaker. On the 30th they assembled in the Hall of the House of Representatives, and for several days both Houses were in session at the same time in the same hall. On December 4th the Democrats withdrew to Carolina Hall. On December 1st General Ruger addressed the following to General Sherman :

COLUMBIA, December 1, 1876. W. T. SHERMAN, or Secretary of War, Washington,

D. C.

I have carefully abstained from interference with the organization of the House from the first. On the application of the Governor, and on my own belief of the necessity therefor for the preservation ot peace, I placed troops in the State-House, but not in the rooms of either of the Houses. On the day of the meeting it came about that soldiers were placed on either side of the door of the entrance of the Hall of Representatives, under the following circumstances: A person at the door of the House, who claimed authority to review certificates of those claiming to be members prior to their admission to the Hall, but who had no legal authority for so doing, applied to an officer in command of troops placed

in the corridor for the preservation of peace, for as sistance, on the ground that he was being pressed upon and could not perform his duty; soldiers were placed as stated. As soon as I was fully informed of the circumstances, I ordered the soldiers to withdraw, as I had previously informed Governor Chamberlain that I should confine my action to the pres ervation of the peace, and should do nothing with reference to keeping the doors of the rooms of meeting of the Houses or with the rooms themselves, unless it became necessary because of a breach of the peace with the civil officers of the Houses, which they should be unable to restore. No act was done by soldiers except that of their presence as stated, but, while they were so present, persons claiming the right of entrance, under the certificate of the Clerk of the Supreme Court, were refused admission. (Signed) THOMAS H. RUGER,

Commanding Department.

On the 7th the Democratic House passed the following resolution:

Whereas, This House has seventy-one members, sixty-three of whom hold as their credentials certifi cates from the Secretary of State, and eight of whom hold certificates from the Supreme Court, constitut ing a quorum under the constitution and laws of the

State:

And whereas, also, the Supreme Court, the highest judicial authority in the State, has unanimously decided that this is the lawful, constitutional House of Representatives of the State of South Carolina,

and that there can be no other:

Resolved, That a committee be appointed to wait upon the officer in command of the United States troops in South Carolina, and inform him of these facts, and request the removal of the United States soldiers from the State-House; and also to ascertain what obstacle, if any, prevents the legal House of Representatives from occupying the hall in the Capitol intended for the House of Representatives.

A committee was then appointed to wait on General Ruger and inquire by whose authority troops were stationed in the State-House, and whether the troops would resist the entrance of the Democratic members into the Hall of Representatives.

General Ruger replied as follows:

COLUMBIA, S. C., December 8, 1876. To the Hon. F. A. CONNER and others.

GENTLEMEN OF THE COMMITTEE: I have the honor to say in reply to your inquiries, based upon the resolution of which you handed me a copy on yesterday, that the United States troops in the State-House were placed there by my order for the purpose of executing such orders as might be given; and in inquiries numbered six and seven, that if your body this connection I would say, with reference to the should appear at the State-House for the purpose of entering the Hall of the House of Representatives, and should be refused admission by those baving charge of the doors, and such persons should apply to the officers in command of the troops at the StateHouse for assistance necessary to prevent your en tering, the present orders to the officers would require them to render such assistance. I am, gentlemen, your obedient servant,

THOMAS H. RUGER, Colonel and brevet brigadier-general, Depart ment of the South.

Mr. Wallace now applied to the Supreme Court for a mandamus to compel Secretary of State Hayne, and Mackey, to deliver to him (Wallace) the election-returns for Governor and Lieutenant-Governor. But Hayne had

delivered the returns to Mackey as Speaker of the House, and the court held that Mackey was a private citizen and not the Speaker of the House, and therefore mandamus could not issue. The court, however, adjudged Mr. Wallace the lawful Speaker of the legally-constituted House of Representatives.

On the 5th of December the Senate and the Republican House canvassed the votes for Governor and Lieutenant-Governor, and declared D. H. Chamberlain to have been elected Governor, and Richard H. Gleaves LieutenantGovernor. The vote of Edgefield and Laurens Counties was excluded. According to the declaration, Chamberlain had received 86,216 votes, and Hampton 83,071: Chamberlain's majority, 3,145. For Lieutenant-Governor Gleaves had received 86,620 votes, and Simpson 82,520: Gleaves's majority, 4,100.

On the 7th Governor Chamberlain was sworn into office by Probate Judge Boon.

On the 12th Speaker Wallace, having given notice to the Senate for that purpose, and in presence of the Democratic House of Representatives, and of such Senators as chose to attend, proceeded to canvass the votes for Governor and Lieutenant-Governor. He did not have the original election returns, but had a certificate of the Secretary of State of the votes cast for Governor and Lieutenant-Governor, and duplicate returns filed with county clerks. Wade Hampton was declared Governor, having received 92,261 votes, to 91,127 cast for Chamberlain; and William D. Simpson was declared Lieutenant-Governor by a vote of 91,689, to 91,550 cast for R. H. Gleaves. The oath of office was administered to Hampton and Simpson by Trial-Judge Mackey. Governor Hampton now addressed the following to Governor Chamberlain :

STATE OF SOUTH CAROLINA, EXECUTIVE CHAMBER, COLUMBIA, December 18, 1876.

SIR: As Governor of South Carolina, chosen by the people thereof, I have qualified in accordance with the constitution. I hereby call upon you, as my predecessor in the office, to deliver up to me the great seal of the State, together with the possession of the State-House, the public records, and all other matters and things appertaining to said office. Respectfully your obedient servant,

WADE HAMPTON, Governor.

D. H. CHAMBERLAIN, Esq.

To which Governor Chamberlain replied:

STATE OF SOUTH CAROLINA,

EXECUTIVE CHAMBER, COLUMBIA, December 18, 1876. SIR: I have received the communication in which you call upon me to deliver up to you the great seal of the State, etc., etc. I do not recognize in you any right to make the foregoing demand, and I hereby refuse compliance therewith. I am, sir, your obedient servant, D. H. CHAMBERLAIN, Governor South Carolina.

WADE HAMPTON, Esq.

On the 19th the Democratic Senators and Representatives, 79 in number, elected M. C. Butler as United States Senator. The Republican Senate and House had previously elected D. T. Corbin as United States Senator.

At the beginning of 1877 both State govern

ments and the two Houses of Representatives were in existence. Governor Hampton, however, appeared to be recognized by the civil and judicial officers of the State as the lawful Governor.

The condition of affairs in South Carolina was one of the first matters that engaged the attention of President Hayes. Both Chamberlain and Hampton were invited to Washington by the President for personal conferences. The President finally determined to withdraw the United States troops from the State-House at Columbia. The troops were accordingly withdrawn on the 10th of April, and on the same day Governor Chamberlain issued a proclamation declaring that he should no longer assert his rights to the gubernatorial office. The State government was peaceably turned over to Governor Hampton and the other State officers elected on the ticket with him.

SPAIN, a kingdom of Southern Europe. King, Alfonso XII., born November 28, 1857; proclaimed King December 30, 1874. The area of Spain is 195,774 square miles; the population in 1870 was 16,835,506. The area of the Spanish colonies* is 117,209 square miles; the population, 8,093,610.

The public debt and its annual interest were, according to a notice published by the Government in the "Guia oficial de España" of 1875, as follows, in December, 1871, and in June, 1875 (value expressed in reales, 1 real cents):

810,211,213 1,056,252,927

5