JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

OF THE

STATE OF SOUTH CAROLINA.

BEING THE EXTRA-SESSION OF NOVEMBER, 1852.

MONDAY, NOVEMBER 1, 1852.

The General Assembly of the State of South Carolina was convened in the Capitol, at Columbia, on this day, being the first day of November, in the year of our Lord one thousand eight hundred and fifty-two.

On motion of Mr. TORRE, Mr. J. Izard Middleton, a member elect from Winyah, was called to the Chair; when Thomas W. Glover, Clerk of the late House of Representatives, read the following Proclamation of his Excellency JOHN H. MEANS:

Whereas the Congress of the United States did, by an Act passed and approved on the twenty-third day of January, in the year of our Lord one thousand eight hundred and forty-five, enact, "that the Electors of President and Vice President shall be appointed on the Tuesday next after the first Monday in November of the year in which they are to be appointed:" And whereas the existing law of this State provides that the Electors shall be appointed by the Legislature: And whereas the Legislature of this State will not be in regular session at the time prescribed by the aforesaid Act for the appointment of Electors:

Therefore, be it known, that I, JOHN H. MEANS, Governor in and over this State, by virtue of the power vested in me by the Constitution, authorizing the Governor, on extraordinary occasions, to convene the General Assembly, do issue this my Proclamation, calling upon and requesting the Senators of the General Assembly whose terms of office have not expired, and those who have been now recently elected, and the members of the House of Representatives who have also been now recently elect

ed, to convene in Columbia, on the first Monday in November next ensuing, that they may be present in the House of Representatives on the said Tuesday next after the first said Monday, to appoint Electors of Presi dent and Vice President of the United States, in conformity with the act of Congress aforesaid.

Given under my hand and the seal of the State aforesaid, at Columbia, the 14th day of October, in the year of our Lord one thousand eight hundred and fifty-two, and in the seventy-seventh year of the Independence of the United States of America.

J. H. MEANS, [L. s.]

The late Clerk then commenced a call of the members of the House of Representatives by election districts, when the following gentlemen appeared, produced their credentials, were sworn by the Chair, and took their seats;

From Abbeville.-Messrs. John W. Hearst, Samuel McGowan, James K. Vance, Thomas Thomson, and Samuel Jordan.

From All Saints.-Mr. Allard B. Flagg.

From Barnwell.--Messrs. William A. Owens, S. W. Trotti, James Patterson, and N. G. W. Walker.

From Charleston.-Messrs. G. N. Reynolds, jun., J. B. Campbell, James Simons, John Seigling, jun., Peter Della Torre, Nelson Mitchell, Henry C. King, J. Charles Blum, Edward McCrady, J. F. Poppenheim, Samuel Cruikshank, A. W. Burnett, and Thomas O. Elliott.

From Chester.-Messrs. C. D. Melton, W. A. Rosborough and Tillman Ingram.

From Chesterfield.-Messrs. James W. Blakeney and E. B. C. Cash. From Christ Church.-Mr. Thomas M. Wagner.

From Claremont.-Messrs. John T. Green, J. D. Ashmore and J. B. Witherspoon.

From Clarendon. Mr. J. J. Ingram.

From Darlington.—Messrs. Edgar W. Charles, J. Ervin Byrd and J. F. Ervin.

From Edgefield.-Messrs. W. S. Mobley, A. J. Hammond, John C. Allen, Wiley Harrison, L. W. Carwile and S. Christie.

From Fairfield.—Messrs. Henry H. Clarke, J. N. Shedd and R. B. Boylston,

From Greenville.-Messrs. Wm. P. McBee, Nathaniel Morgan and Perry E. Duncan.

From Kershaw.-Messrs. Joseph B. Kershaw and A. H. Boykin.
From Kingston.—Mr. Robert Munro, jun.

From Lancaster.-Messrs. W. C. Cauthen and Thomas K. Cureton.

From Laurens.-Messrs. C. P. Sullivan, John Hudgens, R. E. Campbell and George Anderson.

From Liberty-Messrs. W. R. Johnson, W. S. Mullins and W. W. Durant.

From Marlborough.-Messrs. Charles A. Thornwell and Thomas C. Weatherly.

From Newberry.-Messrs. A. C. Garlington, J. M. Crosson and Reuben G. Pitts.

From Orange.-Messrs. L. M. Keitt and L. E. Cooner.

From Pendleton.-Messrs. John T. Sloan, William S. Pickens, William D. Steele, Elijah Alexander, jun., O. R. Broyles, Francis Burt and George R. Brown.

From Prince Williams.-Mr. William F. Hutson.

From Richland.-Messrs. James D. Tradewell, C. T. Howell, Wade Hampton, jun., and Wm. Maybin.

From Saxe-Gotha.-Messrs. John Fox and J. C. Hope.

From Spartan.-Messrs. J. W. Tucker, E. C. Leitner, H. J. Dean, J. Winsmith and B. F. Bates.

From St. George's, Dorchester.-Mr. A. E. Moorer.
From St. Helena.-Mr. Benjamin J. Johnson.
From St. James, Goose Creek.-Mr. J. Murray.
From St. James, Santee.-Mr. John A. Gadsden.

From St. John's, Berkley.-Mr. James Sinkler.

From St. John's, Colleton.—Messrs. William M. Bailey and Jabez J. R. Westcoat.

From St. Matthews.-Mr. Olin M. Dantzler.

From St. Pauls.-Mr. William E. Haskell.

From St. Peters.-Messrs. A. R. Johnston and J. S. Lawton.

From St. Stephens.—Mr. W. Mazyck Porcher.

From Union-Messrs. R. Beaty, B. H. Rice and J. M. Gadberry. From Williamsburg.-Messrs. A. Isaac McKnight and B. W. Bradley. From Winyah.-Messrs. Gabriel Manigault, J. Izard Middleton, and J. Harleston Read, Jun.

From York.-Messrs. A. B. Springs, G. W. Williams, W. J. Clawson and A. S. Wallace.

The following return was then read:

"We the undersigned, Managers of Election for St. Bartholomew's Parish, Colleton District, South Carolina, opened the polls on Monday and Tuesday, the 11th and 12th October, 1852, instant, at such times and places as designated by Act of the Legislature; and having met to-day the 13th instant, at Walterboro', counted the votes and found the following

result: Mr. J. B. Perry received 451 votes, Dr. Peter Stokes 345, Mr. Louis O'Bryan 319, Mr. Simon Verdier 317, Mr. James G. Varn 224, Mr. Millar Cunningham 25. In one box there were three votes more than the list of said box called for, which being deducted from the three highest candidates, left Mr. O'Bryan but 316, one below the next highest candidate, Mr. Verdier; so that there were but two, Messrs. Perry and Stokes, who received a legal plurality and are consequently duly elected. There was one box, not included in above result, containing 23 votes for Mr. O'Bryan, 23 for Dr. Stokes, 2 for Mr. Verdier, 6 for Mr. Perry, and 11 for Mr. Varn, being rejected by the Board of Managers, not being held by any legally appointed Managers, as also votes changed by Managers from one box to another, while holding the poll." Messrs. Josiah B. Perry and Peter Stokes were then qualified and took their seats.

Mr. TORRE submitted sundry affidavits in relation to the Election held for St. Bartholomew's election District; which on Mr. Torre's motion were laid on the Table.

A quorum of the Members being present, the House then proceeded to the election of a Speaker to preside over its deliberations; and on examination of the ballots, it appeared, that Mr. JAMES SIMONS, a Representative from Charleston, received one hundred and five votes which was a majority of the ballots cast.

Whereupon Messrs. Garlington, Ashmore and J. H. Read, Jun., were appointed a Committee to wait upon the SPEAKER elect and inform him of his election, who shortly after entered the Hall and conducted Mr. SIMONS to the Chair, who addressed the House as follows:

Gentlemen of the House of Representatives :

For the renewed evidence of your consideration and kindness in again elevating me to the distinguished position of presiding over the deliberations of this House, receive the assurances of my grateful acknowledgments.

Around this seat are clustered many proud recollections of patriotism, genius, and virtue; nor has it been more distinguished by these than by the courtesy, impartiality and firmness with which its grave and responsible duties have been discharged. These latter qualities I shall hope to emulate, nor do I believe otherwise than that they will be responded to, on your part, by the order, dignity, and decorurn, which have always eminently characterized this body. It is by the observance of these reciprocal obligations that the burdens of legislation are lightened, and the best interests of our several constituencies, and the State at large, are cared for and subserved.

I cannot allow this opportunity to pass without congratulating) you on