About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1932 Contested-Election Case of Mackey vs. O'Connor 1 (1882)

handle is hein.usccsset/usconset51524 and id is 1 raw text is: 47TH CONGRESS, HOUSE OF REPRESENTATIVES. f REPORT 18t 6s8ion. f No. 989. CONTESTED-ELECTION CASE OF MACKEY vs. O'CONNOR. APRIL 10, 1882.-Ordered to be printed. Mr. S. f. MILLER, from the Committee on Elections, submitted the following REPORT: The Committee on Elections, to whom was referred the case of E. W. M. Mackey, contesting the seat of M. P. O'Connor, now filled by Sam- uel Dibble, who claims to hold the same by virtue of a special election, ordered by the governor of South Carolina, to fill an asmimed vacancy occasioned by the death of M. P. O'Connor, occurring subsequent to the date of the election on the 2d of November, 1880, and prior to the assembling of the Forty-seventh Congress, submit the following report: This contest comes from the second Congressional district of South Carolina, composed of the counties of Charleston, Orangeburg, and Clarendon. The election was held on the 2d day of November, 1880. Two candidates were voted for-E. W. M. Mackey and M. P. O'Connor. The State board of canvassers, acting upon the returns made to them by the county canvassers, declared Mr. O'Connor elected, and the cer- tifileate of election was accordingly issued to him. Whereupon Mr. Mackey commenced this contest. The notice of con- test and proofs submitted by Mr. Mackey, and the answer and proofs of Mr. O'Connor are contained in Mis. Doc. No. 15 of the present ses- sion. The pleadings and proofs are quite voluminous. The notice of contest contains, inter alia, the following specific allegations: 2. That at the following voting precincts to wit : City Hall, Court-house, Market Hall, Palmetto Engine-house, Hope Engine-house, Eagle Engine-house, Washington Engine-house, Marion Engine-house, Niagara Engine-house, and Ashley Engine-house, in the city of Charleston; and Camp Ground, Enterprise, Twenty-two-mile House, Cross Roads, Hickory Bend, Biggin Church, Pinopolis, St. Stephens, Blackville, Ben Potter's, Moultrieville, and Henderson's Store, in the county of Charleston; and Orange- burg, Brauchville, Brown's, Corbettsville, Cedar Grove, Conner's, Fort Mo te, Ayers', Gleaton's, Lewisville, Easterlin's, Rowesville, Jamison's, Bull Swamp, Zeigler's, Wash- ington Seminary, and Bookhardt's, in the county of Orangeburg; and Fulton, Fork, Witherspoon's, Jordan, Manning, Packsville, Calhoun, and Motte, in the county of Clarendon, a deliberate system of ballot-box stuffing was practiced by or with the knowledge and assent of the managers of the election of said precincts, all of whom, without a single exception, were of the same political faith as Mr. O'Connor, and in every instance his political partisans and supporters; that by reason thereof the vote actually cast for Mr. Mackey was larger, and the vote actually cast for Mr. O'Connor was smaller, than appears on the face of the returns made by the managers of elec- tions at the voting precincts aforesaid; that the difference between the vote as act- ually cast and the vote as returned by the managers aforesaid arises from the fact that at each of the aforesaid polls numerous ballots, bearing Mr. O'Connor's name for Congress, were fraudulently placed in the ballot-box for the purpose of creating an excess of votes over voters and thereby compelling the managers to draw out and de- stroy the excess of ballots thus created in order to reduce the number of ballots in the box to the number of names on the poll-list; that in drawing out of the box at each poll the excess of ballots, fraudulently created as aforesaid, numerous ballots bearing Mr. Mackey's name for Congress, and which had been legally voted, were drawn out

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most