726 



SOUTH CAROLINA. 



barring the passage into the State-House of mem- 

 bers-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 Cham- 

 berlain. We protest against the said Dennis's in- 

 structions to the guard to admit no one to the State- 

 House 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 Eepublican 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 at- 

 tached, as to our right to participate in the organiza- 

 tion 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 cer- 

 tificate of H. E. Hayne, Secretary of State, who is 

 now under condemnation 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 unpre- 

 cedented 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 law- 

 ful 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 Re- 

 publican majority, and reflected 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, 



.//. 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 beliet 

 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 with- 

 draw, as 1 had previously informed Governor Cham- 

 berlain 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 them- 

 selves, 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 ad- 

 mission. 



(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 de- 

 cided 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 tht.se 

 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 Capi- 

 tol intended for the House of Representatives. 



A committee was then appointed to wait on 

 General Ruger and inquire by whose authori- 

 ty troops were stationed in the State-House, 

 and whether the troops would resist the en- 

 trance of the Democratic members into the 

 Hall of Representatives. 



General Ruger replied as follows : 



COLUMBIA, 8. C., December 8, 1876. 

 To the Hon. F. A. CONKER and others. 



GENTLEMEN OF THE COMMITTEE : I have the honor 

 to say in reply to your inquiries, based upon the reso- 

 lution 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 

 this connection I would say, with reference to the 

 inquiries numbered six and seven, that if your body 

 should appear at the State-House tor the purpose of 

 entering the Hall of the House of Representatives, 

 and should be refused admission by those having 

 charge of the doors, and such persons should apply 

 to the officers in command of the troops at the State- 

 House for assistance necessary to prevent your en- 

 tering, the present orders to the officers would re- 

 quire them to render such assistance. I am, gentle- 

 men, 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 deMver to him 

 (Wallace) the election-returns for Governor 

 and Lieutenant - Governor. But Hayne had 



