The New York Herald Newspaper, November 15, 1876, Page 3

ow STILL PENDING. The Battle for the Presidency in the Doubtful States. PRELIMINARY SKIRMISHING OF THE PARTIES. Heavy Gun from the Democrats in South Carolina. RETURNING BOARD BEFORE THE COURT Are Its Functions Simply Ministerial or Something More? FIGHTING OVER THE FLORIDA RETURNS. The Prominei of the Nation Closing on Louis The Power to Fill Vacancies in the Electoral College. The sitnation of affairs as regards the ‘main issue in the Presidential election re- mains the same, though the skirmishing preliminary to the action of the Board of Canvassers has assumed o more marked sharacter. In South Carolina a writ of pro- hibition and mandamus has been applied for by the democrats and a rule en- tered by the Court requiring the Re- turning Board to show cause why it thould not be granted, the effect of which is to restrain it from action until a decision is rendered as to whether the functions of the board are simply ministerial or are judicial “ae well, The argument will take place on Thursday. It seems clear, from the tenor of our correspondence, that the county boards in Florida give a majority to Drew, the democratic candidate for Governor, of over 900, and to Mr, Tilden of a few hundred less, they having left all matters in dispute to the Btate Canvassing Board, and the determina- tion of the contest there will depend on the success or failure of the re- Qublicans in attacking these majorities Mefore the latter body. In Louisiana the prominent democrats who have arrived there have exjended an invitation to the repre- sentative republicans to meet them in con- ference to consider the situation and arrange fora fair return. The majorities from the parishes, as claimed by the democrats, do not differ from those previously reported, A new element has entered into the contest, growing out of the alleged ineligibility of a republican elector in Vermont and another “im Oregon. At present Governor Tilden has 184 votes and Governor Hayes 166, with 19 doubtful; 185 being necessary to a choice, THE LATEST RETURNS, CAROLINA AND FLORIDA, WITH COMPARATIVR TABLES FoR 1872, ‘The fullowing estimates make a remarkable show- ag: FLORIDA, Preaden- Presiden. tial, te 1876, 1872, Rep. | Dem. —) mW 93] 49] ry Peder 21 81141 8 = fire 4} 2] cc) | ee —| 423 oo} au} By — —| 2 —} m6 =| 198 =| 13 —| = ze 3 a .) 12118 ppseesgtts Totals .. Matorives.. NEW YORK HERALD, WEDNESDAY, NUVEMBER 15, 1876.—TKIPLE SHEET. LOUISIANA, Rep. 844 a3 625 475 =a | 444 925, =I Lio} — ws; —}) Gly — —| 1,146]} soe} — sus} |} -]| ut a) — —| 136 1,780) = —|} 1,170) — 160} — |} ‘200} — —) 1,165), | 415 1916] * —}} 162i} — —| 445} 232] — —| Lido}) 1,022) — —j| ‘465}/ 1,026) — —| s6of! © —| 27 150} |; 600) — 207} —|} 420) — 1,600; —|| 1,545) — —| 430|/ 16s} — 102} |] a) —} 442i] —| 402 1) mf — —| ose}] —| 407 2,100) —|] 1,436 - —| $s2sj] au} — 814) —|" 1,206 — —| 8,42 Plaquemines Pointe Coupée. . Rapides, . = ichland. Sabio 123 09a II 1,189 x wea =|) 2, 1,600) — 1—| 457 150, — 66) — o2t; I) Laas) — —| i] — —| .426)) 137} — 2,750) = |) 217} — 661] —|| 186] — —j 1,429)) 29) —| ‘m|| —| 669 —| oil —| 428 —| —| 286 —| 13{) 249) — | 478|| —| 461 23, 606|29.625 991|14, 139 Majoritass. —| 7 | wee THE UNDECIDED. FLORIDA. INCREASED MAJORITIES CLAIMED BY THE DEMOCRATS—PREPARING FOR A BITTER CON- TEST BEFORE THE STATE BOARD. Tattanaggex, Nor. 14, 1876. ‘The official returns of nine counties cane in to-day, | and justify, with hardly a change, the unoffieial ro- turns mado days ogo, Tho estimates were badly at fault in only two coanties, in both of which the demo crats gained largely. Orange and Volusia wero esti, mated by the republicans to give, respectively, 530 and 125 democratic majority, The democrats expected 650 and 200, and the official returns give 743 and 316, A DEMOCRATIC VICTORY CONCEDED. It 18 now considered to bo settjed that the full official returns of the county canvassing boards will give the ‘State to Drew by more than 900 and to Tilden by more than 500 majority. These majorities will be attacked before the State Canvassing Board, and the repub- licans are confident that they can throw out several precincts, The democrats are equally confident that they can successfully defond every return. The county boards have, with hardly any exception, can- vassed the vote and roferred all matters of contest to the State Board. REPUBLICAN MAJORITIES. Tho republicans are indignant at this evasive action of these county boards, which puts the majority into the hands of the democrats and makes the republicans the ousting party. Said one of them to your cor- respondent :— “They have gone back us; they should have met the issues presented to them like men, instead ot shifting them to the Siete Board.” * -” #Msramixa vor Taw sravcoLE The coptest before the State Board will be prolonged and bitter, and will invol 6 result on the State and National tickots. Not leas than one dozen counties will be attacked by one side or tho other. Tho testimony on each side is voluminous, Ex-Governor Brown, of Georgia, arrived to-day on a special train and has been closeted with the Democratic Execativo Committee all day. It 1s understood that Leo has fall. power, and he is organizing rapidly and skiltully for the.contest, The Excoative Committee is in session to-night. Astonishment and regret is expressed that no demo- crat of national reputation and of Northern residence has been sent here. “We wunt outsiders here,” said mr. Raney, of the committeo, “simply that they may bear testimony to the people of America that we have carried this State by decisive majorities on both the State and national tickets, and that we have won this victory fairly and without fraud or violence. Ot course, then, we want such men as have the national ear and the confidence of the Northern poople.’’ A fepresentative of the National Democratic Cem- mittee reached the State this evening. A CHARGE OF FRAUD. ‘A despatch has been reveivea at the republican headquarters, stating that Mr. Cespedes, tho republi- can candidute for tho Legislature in Monroe county, protested against the canvass of the vote of the Third precinct in Key West on the ground that the ballot box was taken away from the polis, and counted by the managers, in violation oflaw. This precinct gave a large democratic major- ity. The protest was not heeded by the County Board. A TRAIN DELAYED. The incoming train, with 100 soldiers and the Demo- oratic Executive Committee on board, was delayed by a broken rail soverat bours this evening Four coaches were thrown off the track, but no one was hurt. Arrangements are being made to hurry up returns from distant counties and commence the State can- vass at the eartiest possible hour. LOUISIANA, REPUBLICAN PREPARATIONS TO CONTEST THE RETURNS—THE LAW CREATING THE RETURN- ING BOARD—PROMINENT DEMOCRATS INVITE ‘THE REPUBLICANS TO A COUNCIL—THE RE- TURNS FROM DEMOCRATIC’ SOURCES, Naw Ortxaxs, Nov, 14, 1876. Sufficient has beon developed upon the republican Side to justily belief in their policy being one of delay. ‘Tho Board will not meet until Saturday, the last day allowed by law. It will then adjourn over until Mon- day. Meanwhile an ARMY OF COLORED WITNERSKS ‘will be sammoned from all paris of tne State, who, with bushels of affidavits, will probably engage the attention of the Board tor many weeks, possibly until ‘the time bas passed fixed by law for casting tho elec- toral vote of the State, Arrivals stiil continue, section 18 represented. 80 CHANG IN THE RETURNING BOARD, Consultations amoug the “distinguished” are plen- tifal, but, as yet, nothing definite seems to have been arrived at other than the announced dotermination of the euthoritics to use tho Returning Board as at present constituted, neither Wolls nor Anderson being found disqualified upon a more thorough examination of the law mado bythe republicaes. CHARACTER OF THE Law. This law the visiting democrats urprised and disgusted to find so very sweeping in_its provisions, not only intimidation bat anything tending to intimi- dation, ‘being equally found ample cause to jnvaliaste rowros,” Of this the Board is tho sole arbitrary Judge, and from its rulings no appeal whatever is ac- corded, i The press from nearly every BUTLER DECLINES COMIxG, Butler’s despatch declining Pitkin’s invitation is Published, He saya:— “Tho Northern people ought to come with arms in thotr bands.” ‘The relations bet weeu the visiting reprosontitives of tle two groat partics is exceedingly amicable, and up tothe present each exprosses great confidence in the integrity of the othar’s purposes. ‘tHE VAGANCY IN THE BOARD, It is reported on good authority that ex-Governor Flanders will be elected by the Returning Board to all ite vacaacy. ‘ THE DEMOCRATIC CONSULTATION. At the democratic consultation, held this morning, all the leading lights were present. The proceedings Were confined to inquiries into the basis of returus and evidences of intumidation. All were unanimous in the opinion that Tilden hed carried the State be- Yond the possibility of a doubt and that the intimida- ion charges were mainly if not entigely baseless, Another consultation will be held to-night. INVITATION TO A CONFEMENCE, The following, which explains itself, has been ad- dressed to the parties named :— New Orzeans, La, Nov. 14, 1876, To Hon. Stanley Matthews, James Garfield, Jobn A. Logan, William D, Kelly, Joba a. Kasson, C. J. Ditty, Joba A. Schonberg, William M. Evarts, E. W. Stough- ton, John A. Dix and other: The undersigned .arrived here yesterday. They came in answer toa telogram from the Hou. Abram 8. Hewitt, ebairman of the National Democratie Com- ae dated at New York, November 10, 1876, as {ol- jows :— “Citizeps of Now Orleans that a delegation of urgently request Prominent gentlemen there at once to coun peace and and honest returu. You aro octane 14 to be one of ten or fifteen gentlemen—al’ ly knowb—to meet at the Galt House, in Louisvill ening, proceeding directly South, or, fi t, to meet at the St. Charles Hotel, in gned aro informed that you have come bereat the request of the Pre: mnt of the United States to see that the Board of Canvassers make a fair count of the vote actually cast. Whtle in the late canvass 7H, gave your support to Messrs. Hayes and heeler #8 candidates for Presicent and Vice President, and the undersigned gave their support to Messrs, Tilden and Hendricks lor thoee offices, they foel assured that all good citizens of all parties regard an honest count and true returo of sho vote actually cast of greater moment than the suo. cess of any candidate for office, and are ready to do all that honorable men return ot the vote cast at the |: election. lection ta tho State of Louisiana, assumes more than ever before @ national importonee, and upon which, in this crisis, may depend the very existence of constitutional gov- ernment. The un iigned, therefore. in vi of the un- happy controversies which have Leretolore arisen irom the action of the Returning Board of the State, where its action could not in any event change the result of & Presidentia! election, and im view of the desire of ail good men that effect should be given to the will of the majority as iy essed, respectfully ask you, or such of you as are present, to mect and conte! them, personally or through committoes, as may be deemed most wise, in order that such influence as we possess Teay be exerted 1n behalf of such a canvass of the votes actually cast as by its fairness and mpar- tality shall commanu the respect and acquiescence of ‘tbe Amorican people of all parties, Yours respectfully, JOHN M. PALMER, Iitnots, LYMAN TRUMBULL, Illino:s, WILLIAM R. MORRISON, Lilinots. SAMUEL J. RANDALL, Pennsylvania, A. J. CURTIN, Pennsylvania, WILLIAM BIGLER, Pennsytvania, J. & McDONALD, Indiana, J, R. DOOLITTLE, Wisconson. GEORGE B, SMITH, Wisconsin, G, W. JULIAN, indiana, x. MANSON, Indiana, JOHN O, LOVE, Iudiana. HENRY WATTERSON, Kontucky. J. W, STEVENSON, Kentucky. Hi, D. McHENRY, Kontucky. OSWALD OTTENDORFER, Now York. J. _B. SY. }, Ohio, LEWIS V, BOGY, Missouri. JAMES 0, BRODHEAD, Missoart C, GIBSON, Missour. JOHN LEE CARROLL, Maryland. WILLIAM F. HAMILTON, Maryland, W. Y. SUMNER, Connecticut, Some of the gentlemen named in the address of this letter havo not yes arrived here. THE RETURNS. Tho Democratic Committee have complete returns made up from duplicate lists of the Supervisors, show. ing Tilden’s majority in the State to be 8,107, by which majority they claim they have carried the State. The returns show Nichol’s majority to be nearly 9,000, THE CITY QUINT. This city is very quiet, The politicians are anxiously awaiting the action of the Returning Board, which, by” law, is required to mect ton days after the election, SOUTH CAROLINA. IMPORTANT ACTION BEFORE THE SUPREME COURT OF THE STATE—A WRIT OF #ROHIDI- TION AND MANDAMUS RESTRAINING THE BOARD FROM EXERCISING JUDICIAL FUNC- TIONS APPLIED FOR—A TEMPORARY INJUNC- TION GRANTED—WHAT I8 THOUGHT WILL BE THE BXSULT, ep x ig Convmara, Nov, 14, 1876, Tho Board of State Canvassers mot this morning at ten o’cluck, but before transacting any business it was served With a notice to appear before the Supreme Court, Issued upon petition of counsel for the demo- cratic candidates, for a writ of prohibition and manda- mus restraining the Board of Stato Canvassers from exercising jadicial functions in the election of electors, members of the Logisiature, members of Congress and solicitors, and confining them to ministerial func- tions only, and restraining Messrs. Duon, Cardoza and Hayne, candidates for Comptroller, Treasurer and Sec- retary of State and nominees for re-election to these offices from sitting as judges of their own election. The Board of Convassers had decif¥a themselves tnat they had no jurisdiction over tho election of Governor and Lieutenant Governor, and hence no queation was raised respecting them. The Board at once adjourned. MEETING OF THE COURT. The Suprome Court met at eleven A. M., Chief Jus- tice Moses in the chair, with Associate Justices Wu- Jard and Wright, comprising a fall Bench. The court room was packed. Besides the array of eminent democratic counsel there were present a large number of distinguished visitors, among them Sepators Kan- dolph, of New Jersey; Gordon, of Georgia, Hon. Mont- gomery Biair, Captain J. V. Fox, former Secretary of President Lincoln; Hon. A. H. H. Stuart, of Virginia, and others, THE INITIATORY PROCEEDINGS began with argument among the lawyers as to tho pleadings, in which democratic lawyers were in the main successful, The court was, to use the expression of aneminent lawyer of democratic stripe, im most excellent temper, * Quxstions pEFORE THE cocRT. The case was taken up on two processe: First—A probivition to probibit the State Board of Canvassers from hearing aud deciding apy protest or contest, and to confine itself strictly to the ministerial duty of summing up the votes as counted by the county managers of election; Second—A mandamus to compel the Board, after such summing up by it, to certify the election of those having the highest number of votes, It was contended that the Board, under the constitu- tion of the State, can only act ministerially, not judicially, to hear protest and detormine contents, WHAT THE DEMOCRATS Say. The democrats say that if the Board is allowed to hear and decide, three of them being candidates for re- election, they will decide every democratic protest against the protestants and every republican protest in their favor, so that they will make the vote anything they pioase, AcTiog OF THR COURT. Under the proceedings the Soard of Canvassers were made respondents, and the Court passed a rule in each case requiring them to appear and answer by hall-past twelve o’clock on Thursday next, when the arguments will begin. A TEMPORARY INJUNCTION. In tho meantime, with the service of the rule, the Board is enjoined and can do nothing. It is believed that tho Supreme Court, all republican, will hoid the law as the democratic lawyers contend, under advisement. A notice that this application would be made at eleven A. M. to-day was served upon the Board of Canvassers, and when they assembled at the office of the Secretary of State at ten A M. that official, who is the president, announced the fact, and adjourned to appear before the Court. Chief Jus- tice Moses, with Associate Justices Willard and Wright, the latter a colored man, present, comprising a full bench, THX COURT ROOM was so densely packed with negroes that is was with diMiculty that such distin, ined visitors’ as Senators Randolph, of New Jersey; Gordon, of Georgia; Mont- gomery Bi 1 A. il, H. Stewart and others could obtain seats, In addition to these a large number of lawyers were present. ° THe PETTTION ‘was read by Mr, Youmans, one of the Jeading counsel on the democratic side. The Court objected to the form of the proceedings, but allowed permission to amend. ‘TUE KEPUBLICAN ARGUMENT. Ex-Congressman Elliott (colored), who is the republi- can candidate for Attorney General, appeared for the Board aud raised an objection that the petition @id not, on its face, show a case which would justify the Court im issuing the writs asked for. The main feature of bis argument was that it did not appear by the petition that there was no other mode of remedying the anticipated wrong. The writ could not be issued; the law did aflord other adequate remedy, and in case a certificate was given to a wrong person by tho Board of Canvassers tho law enabled tho injared party to appeal to the couris, to the Logisla- tare and to Congress. SUGGESTION OF THE COURT. Mr. Justice Willard replied that such proceedings did not meot the point mado im the petition, which was that the Bourd proposed tv take action unwarr: 4 by law, which inight result im giving the certificate to different parties than the one entitled to that certin- eate by law. 4 TEMPORARY INJUNCTION, The amendments made necessary by the ruling of the Court were prepared, and thereupon the Court ts- sued a rule upon the Board, made returnable at half- past 6 on Thursday, to show cause why a man- jas should not issue. It is clear, therefore, from the proceedings to-day, that the Supreme Court of the Btate, composed of republicans, entertains jurisdiction of the question whethor the Board. must confine itself to the retarns before them. NO ACTION PERMITTRD AT PRESENT. In reply to the application for au order prohibiting the B from taking any action on the returns until the decision of the Court was pronounced, the Court simply stated that avy such action by the Board would be troated as a contempt, and, therefore, any direct Prohibition was unnecessary. THR INPRRENCE, The vory in'tiation of the proceedings by the dem- crate and jis resistance by the republicans would seem in itselfa recognition by both parties that the returns as they stand givo the State to the democrats. DEMOCRATS EXUBERANT. The effect of the proceedings to-day gives new hope to the democrats and rather domoralizes the negroes, who do not understand it, Their leaders, Lowevei aro considerably taken aback and seom to regard the movement as a tinal blow to their schemes for carry- ing the State by throwing out counties which gave the democrats heavy majorities. THE INELIGIBLE ELECTORS. THE MUDDLE IN THE ELECTORAL TICKET OF OREGON AND VERMONT—TWO VOTES FOR TILDEN POfSIBLE FROM AN UNEXPECTED QUARTER—POSTMASTERS WHO RESI@NED TOO LATR—ALARM IN THE REPUBLICAN CAMP. Wasutxorox, Nov. 14, 1876, A sarprising, if not serious, and most important turn bas been given the aspect of the Prosiaential muddle by the discovery to-day that two of the repub- lean electors, one chosen in Oregon and another in the State of Vermont, were, until yesterday in the one and until to-day in the other case, office-hdlders under the United States, and therefore, as is now insisted upon by the democrats, disqualified to serve in the esi of electors of President and Vice President, REPUBLICANS ALARMED. ‘Whatever force, little or great, there may be to thus argument of the democrats, the discovery has alarmed the whole republican camp, for, should the claim of the democrats be made good. and prevail, Governor Tilden will have at least 156 electoral votes, irre- spective ofthe results of the election in South Caro- lina, Louisiana and Florida, THR ALLEGED INRLidisLes. i Tho two persons referred to are John W. Watts, late Postmaster at Lafayette, Oregon, and H. N. Soilace, late Postmaster at Bridgeport, Vt. The word “late” in ADDITIONAL DETAILS OF PROCERDINGS. This morning the democratic candidates for Secre- tary of State, Comptroller General, Troasurer, Attorney Superintendent of Edueation and Adjutant lators, appearod before the Supreme Court, alleging tbat the State Board of Uahvasvers had, at their sescion a few days since, decided they hada right to go behind the returns of election for Prosi- dential esectors and Congressmen made by the County Commissioners and exorcise certain judicial functions thereon, They denied im their petition that the Board bad any power uo to act, and insisted that by the con- stitution and law of the State the functions of the Bourd wero purely ministerial, limited tw adding up the returns and giving certificates of election to the candidates who, upon tho face of the returns, were shown to have a majority of votes, 7 THE PRTITION, Upon these grounds the potitioners prayed for a writ of mondamus, requiring the Board ot Canvassers to proceed to add ap the returns, ascertain the persone | who bad majorities und givo cortificates to that effect. Application was also made for a writ of prohibition, commanding the Board not to act upon protests or go- ela contents or onteide questions, which wan taken ‘this connection, does not, however, and unfortunately probably for Governor Hayes, indicate sufficient antiquity to save the game to tho repubii- cana. The resignation of the Oregon Post- master is dated only upon yesterday, Novem- ber 13, was forwarded by telegraph and took all night to come across the Continent from San Fran- cisco, so that it got into the hands of the Postmaster General only this morning. The resignation of the Vermont Postmaster was written, sent and received to- day. ' Both resignations were at once accepted by Post- master General Tyner, THE ARGUMENT, The trouble likely to arise out of this matter is as follows:—In the first place, both men were holding an office of trust and profit under the United States upon and subsequent to the’ day of election. In the second place, the constitution, in article 2, for- bids that any person “holding am office of trust or profit under the United States shall be appointed an olector.”” Tho mocrata argue that the elec- tion by the people was the appointment contemplated by the constitution, and a good many republicans are honest enough to fear that the democrats are right and that the republican party in Oregou and Vermont have made a most egregious and inexcusable couple of blunders and thrown away the cleetion by tne gros carelessness, The republicans who ‘“poob, pooh” the matter say tat the electors are not ap- pointed in the sense of the constitution until their cur. lificates are made out, attested 10 every detail and given into their possession, am interpretation of the consti- tution and law which would invest the two genticinen “whieh was postmasters’’ with the full capacity of olectors, now that by resigning their office they shall not be disqualified when thoir certificates come to be made out. At best itis a most awkward and embar- rassiug complication tor the ablicans, POSSIULE CONSEQUENCES. Should, as the democrats contend, the two men be disqualified to serve as electors, the consequence would be that im the States of Oregov and Vermont the candidate on each of the respective demo- cratic electoral tickets receiving (he highest popular vote would bo chosen Presidential elector in combina- tion with the diminished number of republican elec- tors, the result being a gain of two votes for Mr. Tilden, It might be thought that there tsa tie yore Jor the parallel and rival set of democratic ciectors, which wouid still farther complicate this extraordinary matter, bat it is the experience of everybody who has ever inspected the resutof an Oficial canvass that names, even in 80 compact a ticket as that of the Kiectoral Vollege of any poljtical party, are so fro- quently and mamerously scratched as to make com- parauvely wide differences in the votes cast for the candidates on the same ticket, i THE CAMINET, ‘Tho extent of tle impression created tn official and political cireles may be seen in the fact that the prob. lematical status of the two electors was the subject of a portion of the discussion in the Uabinet at the ses- sion thereo! to-day, with what result has not tran- spired, } INTEREST # THR QUESTION. Tho rather curious feature of the compligstion has captured the fancy of those who are yet warmly can- vassing the probabilities of the question of the noxt President, and for the nonce has set aside all conjecturing as to the result in Louis- tana, the twenty-second joint rule and other the repudiicans are uneasy und anxious, if nos discussion during the past eventful week. That matters which bave formed tho staple of speculauve alarmed, is quite evident. They are searching autbori- ties to find precedents for maintaining the position that the to ex-postmastors aro disqualided, and, if. the poiat of disability ts raised, as it certainly will be,” thay will be fortified with opinions in sapport | toral vi of their position’ The negative argument is alresuy advanced by them that a scrutiny @f the names in the democratic colleges of electors ‘would reveal office-holders under the United States, such as commissioners to take depositions in the sev- eral States—national notaries, in tact—and other simi- Jar petty officials equally disqualified with the two ex- postmasters to serve as Presidential electors. CALEB CUSHING'S OVINION, The controversy was luid before Mr. Caleb Cushing, our Minister to Spain, who is still detained in Wash- ington by business with the State Department, and bis opinion was elicited as follows :— s “Mr, Cushing, there js considerable excitement in town to-night over the discovery (hat two of the re- publican electors—one in Oregon and another in Ver- mont—are said to be disqualified persous by reason of holding the office of postmaster, the one having re- signed only yesterday and the ouher only to-day. Mr. Cushing, anticipating the rest of the question, remarked :—‘Supposing the fucts to be so they do not affect the legality of either of tho Electoral Colleges in question, Asageneral fact the presumption is that the disability im these cages does not apply to the date of election but only to the date of entering upon the functions of office. These two persons could not le- gally act as clectors while holding the office of postmaster. They have very prop- erly resigned the offlce of pstmaster and are pow perfectly competent at the proper time to enter upon the duties of electors, or they might have declined to accept the office of elector, retaining that of postmaster, the effect of which would be to leavo a vacancy in the Electoral College. Tho laws of the respective States provide for this emergency by authorizing the remaining members to fill the vacancy, Jost as inthe case of death or voluntary resignation for any other cause.’” “But would not the effect of the disqualification claimed to exist be to annul tho election of the Post- master and bring into the college some person the opposing ticket baving the next largest oum! of votes?" “I think mot,’ responded Mr. Cushing, “for the reason already stated. What merit is there in the claim of the democrats that the College of Electors in each State is appointed on the day of election by the vote and will ot the people?” “This pretension is based on the use of the word ‘appointed’ in the constitution. I should say to that, the election is only an inchoate act not consummated as an appointment until the vote is officially canvassed and the persons elecied notified officially of their elec- tion, An appointment is not complete until the com- mission oF cortificate of office is delivered to the ap- pointee,”” VIRWS OF THE ATTORNEY GRNERAL. Attorney General Taft, being questioned on the sub- Ject, says that be has examined the law pretty thor- oughly in regard to the case presented by the two Postmasters whose appointment on the electoral tickets of their respective States, has, as is averred by the democrats, endangered, if not destroyed, the success of the republicans in the Presidential contest. He finds it to be a woll established fact, by all the precedents and the spirit o constitutional statute and cemmon Jaw, that when @ person is voted for as a Prosidential elector who 1s ineligible, and shall receive a majority of votes, his ineligibility creates a vacancy merely, and does not result in the elestion of any one of his oppo- nents, The particular opposing elector who should be elected, if such a construction would hold, it would be dificult to tell, as the electors are group nd no special one could be selected. This, he thinks, is an additional reason showing the absurdity of such a theory, THR LAW 1N ORRGON, In the Stato of Oregoh the difficulty is provided tor by the State laws and the electors have the power to appoint to fillany vacancy which may be occasioned in any way. IN VERMONT. In the State of Vermont 1f, is believed, the law does not provide any method of meeting the case in point of an elector who was voted for while he was holding a fedoral office, tho Legislature can be called together immediately and a law passed prior to the time when the certificates are to be delivered, providing a plan to fill any vacaney whieh may have occurred, Almost all the States have passed laws to meet cases like the one in point, and vacancies are filled under them. VERMONT TO BH NOTIFIED. ‘Tho Attorney General will communicato with the United States Marshal of Vormont to-morrow and call his attention to the presumed necessity of 4 Syecting the violation of the constitution which has odcurred in that State. He feols that it will have to be promptly attended to and that the Legislature will have to po immediately, as there is not much time to conveu’ lose ‘ween now and the first Wednesday in Docem- ber, when the electors meet XO DIFFICULTY ANTICIPATED. Attorney General Taft adds that there will be no difficulty about remedying the matter, and quotes in support of his view section 133 of the Revised Statutes, which provides that ‘‘every State may by law provide for the filling of any vacancies which may occur in its college of electors when such college meets to give the electoral vote.’ He has no apprenonsion whatever that the two cases of electors alleged to bo improperly elected in Oregon and Vermont can inter- fere with the success of Governor Hayos, He 1s con- fident that any difficulty which may arise out of 1t tem” porarily ean be easily met, GREAT DISGUST AND ANNOTAXCE ia felt by republicans that 20 mueh trouble shouldariso from such an insignificant cause, and the sentiment is general that the two postmasters should have known enough to resign before election day. On the por:pt as to whea under the contemplation of law the elector be- gins to be constituted as such the Attorney General was not clear, not having yet ox- amined into the law. He could not, there- fore, decide whother the electors in question really were appointed as provided by law, when the election was bad or when the Governor of the Stato bem each his certificate under t provisions of section 138, Revised Statutes. Should tno latter be the case the resignations having been sent in in both canes before tho conferring of the certificates, 1t would not have the effect of vitiating thoir election. This question, however, will be investigated by the Attor- ney General to-morrow and determined so far as the governinent 1s concerned, DEMOCRATS RETICERT, A nutober of leading democratic lawyers were also questioned om the subjoct to-night, among them Ex- Judge Jere Black, but they were unwilling to hazard an opinion without a deeper study of the matter in dispute, SOUTHRAN APyains, At the Cabinet session to-day Southern affatrs occu- pied the largest share of attention, and were invested with moro thas ordinary interest. The members of the Cabinet and President Grant are a unit on the present course aad policy of the administration in rexard to the election, Among the other important matters discussed was, as already mentioned, the effect which the cases of the two postmasters will have on the eleotoral vote, and complete confidence was felt that it would not defeat the success of Governor Hayes. SECRETARY CHANDLER, Secretary Chandler also says thore is no reason for any anxiety about the two instances of improper hoid- ing of office by the electors in Oregon and Vermont, It ia all right, and provision is or will be made by tho Statesso that tho dificcity, if it exiats, will not difect republican = interests. He is porfectly satis- fled with an explaination and opinion i by Attorney General Taft at the Cabinet meeting to- day. The States im question will, he is certain, pro- vide a way of fill y vacancies which occur. The democrats need take ao comfort out of these irregu- larities, @: they do not, however stupid they may be, react to th advantage, It 1 a simple question of vacancy, does not elect democrats, Ho 1s still steadfast in his faith that Gov- eroor Hayes will be declared duly and honestly elected, SECRETARY CHANDLER. GLOOMY, PECULIAR AND PERSISTENT. Wasutsatox, Nov. 14, 1876, Secretary Chandler was ‘‘gloomy and pecullar’’ to- day. Fow callers disturbed him, though he sat at bis desk receiving, in the capacity of Obsirman THE ELECTORAL PROBLEM GEORGE TICKNOR CURTIS’ VIEWS. Mr. George Ticknor Curtis was called upon oy a Hixnacp reporter at his residence, in West Twenty- second street, last evening, when be gave expression to some opivions of law bearing on the South aft culties, which arc here given :-— “Do you think, Mr. Curtis,” asked the reporter, “that the visiting of the Southern States by the rep- resentasive gentiemen of both parties will insure a fan counting of the votes in doubtiul States * “The situation ia one of great danger,’ began Me. Curtis, “Tho temptation in Louisiana, for instance, to commit a fraud, 1#, of course, very great. What the gentlemen can do who have gone thereto pievent avy wrongdowg I cannot exactly see. Of course they can bave no legal right to interfere with the action of the Keturnoing Board. At the same time they presence there may serve to satisfy those per sons that the public attention of the whole country is upon them, and possibly, alse, they may be able to make some euzgestion: to those who are allowed to appear before tue Board 4s counsel for the respective parties, if any such course is taken. Bat to my feeling 11 isa most humili- ating circumstance that the people of the United States—ior that seems to be the attitude—roust got down on their knees, as it were, to the official persous im those States and beg them not to commita fraud that will plunge the whole country into the peril of « disputed claim to the Presidency,” “How do you suppose those boards will proceed "” “According to my undorstanding of their legal duty their authority should be limited to the actual ena Mmeration of the votes certified to them by the return- ing officers who have bad ebarge of the polls. I can- hot conceive how they can have any authority to re, ect or modity those returns by heuring evidence Jf what 1a called ‘intimidation’ that was used to keep away acertain class of voters on tho day of the election, of to inquire into any matters of fact which do not appear on the face of the certificates that are sent up to them. Still there may be, for aught I know, statutory prov n those States which will uuthorize those official behind the local certife Cates und iry to determine facts that are not ap- parent on the certificates, If such is the case it comes simply to tois—that it is in the power of these bourds to make the returns just what they please, while there can be po legal principle and no standard of determination which will furnish any ssfe and reliable means of ascertaining the real will of the people, in the State of New York there is « Board of Stato Canvassers whose duty 1618 to ascertain and certily the election of the electors of President and Vice President in the same manner pro- seribed by law with roljation to the election of State officers, ‘The method of proceetitg is tor the Board te take certified copiey of statements made by the Board of County Canvassers, and trom these statements to make up a statement of the whole number of votes given tor each officer voted for. They are then to determine and declsre the result, which is, of course, merely aa orithmetical process, ‘This result they tran»mit to the Secretary of State. I am not sware that they have any authority im regard to the election of Presideutial olectors, or in ard to the election of any State officers, to go behind the certified statements furnished to them by the county cauvassers, or to try any question with re- gard to the legality or regularity of the popular vote, or the means that may have been used to influence or deter voterm, § Thore isa clear distinction which ought to be preserved, under our institutions, between the modo of ascertaining and certitying who bas been chosen toany office, and the method that is resorted to in legislative bodies to determine, in the case of a contestant seat, whether the sitting member is enti- tled to bold it A legisintive body, under all our institutions, bas power to judye ol, and therefore power wo try, the elections of its owa members. The clectora ot President are functionaries whose appolniment by the people is tinal. They cannot themscives, asa body, weal unseat their own members,. there should rightfully be nowhere anthoriuy t¢ try such questions as have been Bi m some of the pablis prints as likely to arise iu regard to the votes ot somo districts in the three dowbtial States.”” “Do you mean tb say that there is go law in Louis ana, for instanee, which will authorize the Board to reject trom the count aby votes that are up to them by the returning offi of a parisa ft? “No; [do not mean to say that, because | am poe reonally informed of the precise condition of the Rooat law. Ireadin a morning paper that, under am act passed in 1872, tbe Returning Board has powes to throw oat the votes of any polling place or purish on ‘the statements of apy Supervisor of Registry or Commissioner of Election, or on aitle davit of three or more citizens of any riot, tumult, acts of violence, intimidation, armed disturbant bribery or corrupt influences which prevented tended to Le he a fair, free and peaceable vote of all qualified oleétors entitled to vote at such poll or polling piece.’ It is farther stated that the returns any disputed poll sball remain uneountea till other returns arc canvassed, and then the law of with the law of almost every wt it will impress tho people of «bY painful sense of the manner in” concentrated in an olf OF git 2M ting cueeceiae Ps government that has been Kept in p+ ful and unconstitutional. interfer« Grant. Its election laws, if the fore, them is correct, are framed 60 a8 00 Busuurie @ wverny consisting of State officers, to returns a the. mere suggestion that things took P at the polis which bad some tendency to prevent a fair, free and Vote of all the qualified electors. Such’a power is, of course, capabie of being used so as to produce any result whieh the rsons who oxercise it are determined to produce. he péople of the United States have been less atten- tive and less sensitive than they should bave been to what bas been going on in Louisiana for several yeara past. They are now brought ‘ace to face with this con- soquence—that a state of the local law exists there, or possibly exists framed with express purpose of enabling s State rd of Canvassers to do ‘what is utserly unknown io other States of this Union, beolt wer over the popular ithout any other stand. termination than the supposed tendency of occu t a tulland free ex. prose the jocal law, if such such a state of tbe know not what we may not expect trom this Returning Board, or, rather, 1 do know what we may rationally expect, und that is that results may be declared which could not biy be reached in any other State in the Union, which can rost on no sound and sensible method of proceeding, bat whieh may yot, in acertain conjunction, leave the country in a state of moral uncertainty whether Mr, Hayes or Mr. Tildem is to be the next President of the United States, ’? “Suppose if the gentlemen of tho democratic delega- tion who have gone trom other States to be present af vunting of the votes of the ited States differ with the republican port on tho counting of the votes what do you t would be the effect on ple??? the local law, First, what is actual state of the local lew, what It authorizes or empowers the Returning Board to do; and, secondly, what are the vo which that local law has been applied. In regard first of these matters there can y difference in the statements democrats and repablicans who South. In regard to the facts to witch: has been applied, whether it has besm | and correctly applied, there may be great | of opinion; but it can scarcely happen but the state of the popular vote in th any official statements, can bo that, morally speaking, the people large will not accept satistactory, Wf wt palpably inconsistent with of the popular vote. In any event, however, the situs tion is one 6f extreme mistorti help thinking is to be mainly ast that has been taken to produce ti South ameng the negroes, that their or the satety of their consti volved in this election. ’” “What do you think of President Grant’s sending troops into these States to be present at the counting of the votes?” ‘*1 do not seo what authority the Presiden ore 1m the matter beyond any other citizea of the . jted States. | do not understand that any State rity bas officially, and i © constitutional aud form, certified to him that th: te authorities to act as if he pposed authority to use the army civil ates, whenever he sup; the presence of troops may be usetul Lo any pablic object which he thinks it to be attonded to, One would suppose that LU circum:tances of this case the of the army the United ‘atthe counting of bave & very srong tendency to encourage those might be disposed to Jo or wrotig, because they \ney bad the power of the them to tack them io bgt tes been the ¢: now. tot a8 all hope that Oat of this complicated and dangerous will reheve the public anxiety, nod avert the ‘now causes 80 mach Ing and right feeling mon.” . Street, yesterday altersoon, and gave bis views, im Fesponse to the inquiries put by a Hamatp reporter, a8 follows :-— “What do you think of the existing political dilemma,