The New York Herald Newspaper, November 19, 1876, Page 5

THE MAZE Multiplying , Complications in the Presidential Question. BOUTH CAROLINA’S VOTE FOR HAYES. The Figures as Compiled Under the Or- der of the Supreme Court. FLORIDA’S SURPRISE. Governor Stearns Claims That It-Is His Duty to Canvass the Vote for Electors. STRANGE OMISSION IN A LAW. Democratic Denunciation of and Protests Against the Executive Action. LOUISIANA RETURNING BOARD. Committees of Both Parties Invited To Be Present at Its Sessions. Confusion daily becomes worse confounded in the knotty question who bas secured the electoral vote of the three disputed States. South Carolina was pro- visionally scored yesterday for Hayes by the precise action of the State ecanvassers, under the order of the Supremo Court, which the day before was deemed sure to give it to Tilden. Tho tabulated re- urns give part of the State officers to each party. Florida farnishes a complete surprise in the propgeal f Governor Stourns to himsolf canvass the vote for Piectors, on the assumption that, as the State statute sreating and defining the duties of the State Board Smits to charge that body with counting the votes for Wlectors, and as it is his duty to issue to the Electors their certificates of appointment, he must make the compilation of the county returns to Sscertain who are chosen to the office by the popular Buffragos. This reasoning and proposed action pro- duced consternation among the democratic leaders, and was met by most severe denunciation. At Now Orleans no startling development occurred) A Fesolution was adopted by tho Returning Board inviting representatives of both parties to witn its proceedings, and tho republican visitors replied to the latest missive from the democrats. ‘These latter ap- pear to have been much disturbed in their calculations by reports from South Carolina, A lull in the politi- tal storm at the Louisiana capital probably only pre- odes flercer biasts in the coming week. SOUTH CAROLINA, COXCLUSION OF THE PRELIMINARY COUNT ON ELECTORS—THE COUNTY RETURNS GIVE THE STITE TO HAYES—PROTEST BY DEMOCRATIC COMMITTEE—ARGUMENT BEFORE THE 8U- PREME COURT—THE STATE TICKET—POR- TIONS OF BOTH TICKETS ELECTED. [By TELEGRAPH TO THE HERALD. } Corvmmia, Nov. 18, 1876, In the meeting of the Board of Canvassers this morn- tng the count was resumed at the point to which it had advanced before the adjournment last night Confining its action simply to oponing the returns from the several county boards and aggregating the Votes vy them certified as having been cast for the several candidates for Prosidential electors, the result ‘was soou reached, It is deemed conclusive, showing the republican majority thus reached in the State to be about 600. Hurley, who bas tho least vote on the fepublican ticket gets 230 more than Erwin, the high- tst name on the democratic ballot, as will be seen by the following table of the votes returned :— VOTE FOR BLECTORS. Democrats. Barker... + 90,896 McGowan . + 90,737 Harrington. + 90,895 Ingram. . + 00,798 Wallace . + 90,900 91.435 Erwin, + 90,906 91,880 Aldrich . 90, THE STATR VOTE TO BE CERTIFIED TOR HAYES. Ponding the preparation of the certificate to the Su- preme Court, announcing the result, the Board took sm hour’s recess. Itis the general belief here that, on the reception of this declaration, the Court will make a final order declaring that the Hayes clectors are duly appointed to cast tho vote of South Carolina in the Electoral College. PROTEST OF THE DEMOCRATIC CoMMITTER, * In view of this anticipated action, counsel on behalf of the Democratic State Committee havo fllod the fol- Jowing prote: Wo except to the aggregation of the results an‘ the announcement of them on the ground that the canvass and the comparison of the managers returns with the county ¢anvasse! statement shows irregularities, er- rors and otniasions which vitiate tho result and prevent the aggregation of the county canvassers’ statements from being regarded us a true aggregation of the votes cust at the election, JAMES CONNER, Counsel ALLEGED DOCTORED RETURNS, Senator Gordon, of Georgia, has just informed your correspondent that the returns, as tabulated above by the State Boord this morning, aro only tho returns of the county canvassers, and differ by many thousand votes from the returns of the managers of the elec- tion precinets, who counted the votes. The count of the managers of election GIVES THR STATE TO TILDEN by alarger majority than these doctored returns of the county canvassers give it to Hayes. Tne Supreme Cuurt will be asked by the democratic committees to instruct the Board of State Canvassers that it cannot take advantage of a wiltul perversion of the returns or the clerical mistakes of the county tanvasrers. The democrats were aware in advance of this result from the returns of the county canvassers, but the blunders in these will, they urge, of course, bave to be corrected by comparison with the precincs managers’ returos; which will entirely change the ro sult, HOW THE RESULT WAS REACITED, Tho order of the Supreme Court yesterday directed the Board of Canvassers (o aggregate the vote from the face of the returas forwarded by the county can- vassers. If the Board had adhered strictly tothe terms of the order further trouble would have been avoided, But tho Board went behind the order and “put their foot in i,” They began a comparison of the returns of the managers of election precincts with the returns of the county canvassers, Democratic sounsel protested, but the Board proceeded with com- paring the returns, They had not pro- pressed far, however, when they discovered that the rewuros irom the counties giving 'y Tepublican majorities wero full of errors, irrezu- arities und il.egalities, while the returns from the femocratic counties were correct and in sirict con- tormity with the Election laws, These errors, &c. were so palpable and enormous, that if the Board had, been exercising judicial functions whole precincts would probably bave to be thrown out, which might change the electoral result in the State. The Roard was #0 completely taken aback that they receded from their first position and went on with the mere aggrog- ation of the vote from the returns of the county ean- vassers, Against this change the democrats then pro- tested, and insisted on a comparison of the managers’ Feturns with those of the county canvassers, but they eare enim overruled A rapid agutegation of NEW YORK HERALD, SUNDAY, NOVEMBER 19, 1876—QUADRUPLE SHEET. the vote was thus reachod, with the result as above, As the matter stonds now THE WHOLE THING 18 IN 4 MUDDLE. It remains to be scen whether the democrats will makea fight agaist the clectoral result on the exe»p- tions filed by them to-day. That will be determined by the result as to the State ticket, the aggregation of which is now in progress by the Board. It is more than probable that if the democrats are successiul in electing the Governor and State officers, and have a bare majority in the Legislature, which give them a United States Senator, with the two Congressmen they have gained, they wil! be content, and abandon any immediate Oght on the electoral result announced to-day. This would end the agony bere for the present, and if Tilden gets the vote of either Florida or Louisiane it would be ended forever. Should the opposite be the caso A TERRIBLE CONTEST, both in the Legislature, the courts and in Congress, would be inevitable. The republicans say that if the Board of Canvassers are cow forced to go behind the returns of the county canvassers, and a fight is made over the electoral ro- sult, the whole question of fraud, intimidation and iegal voting will be opened up, in which event they claimed that the democrats would get the worst ol it, and perhaps lose everything. FURTHER ARGUMENT HEARD. ‘The Supreme Court appears in a greater quandary than either tho Board or the partics. 1t was expected to act to-day on the democratic petition for a writ pro hibiting the Board of Canvassors from exercising Judicial funetions, To tho surprise of both parties no action was takon, and the prob- Jom bocame more mystified than ever, when the Chief Justice tntormed counsel on both sides that the Court wished’ to hear furthor argument on thoState statute, which conferred upon the Board powor tohear and decide all eases of protest or contest that might come before it, The full bench was present, but evi- dently in bad humor. Brief arguments were made on both sides, but tho proceedings were brought to an abrupt termination by Chiet Justice Moses, who, without expressing an opinion, gave the counsel on either sido the privilege of submitting written arguments, if they desirea, and adjourned the Court till four A. M. Monday next. COUNTING THE STATE TICKET, The State Board of Canvassers met again at five o’clock P. M. to take up the vote on tho State ticket and proceded to tabulate the returns for all State off), cers except Govornor and Lieutenaut Governor, The returns of the County Canvassers show that the vote is close, and the results so doubtiul that it will take the correction of numerous clerical errors to deter- mine who are the successful candidates, STATE OFFICERS KLKCTED. The returns show that Hayne (rep.), is ro-clected Secrotary of State by 227 majority; Elliott (rep.), elected Attorney General by 7 votes; Hagood (dem.), Comptroller General, by 256 majority; Thompsco (dem.), Superintendent of Edacation, by 442; Ken- nedy (rep. ), by 161 and Cardozo (rep.), by 208. GENERAL GORDON’S PETITION. As soon asthe figares on the State ticket were an- nounced Genera! Gordon submitted the following pe- sition :— To rax HonorasLy Boar or State Caxvassers:— I respectiully request in the interest of fairness that clerks appointed by the Board and the democratic attorneys, respectively, be permitted to take copies of the returns as certified by the precinct managers. 1 make this request both ip order to insure satisfaction, and in view of the tact that these returps may become an important factor in ascertaining the result of the election. Respecttully, J. B. GORDON, He then stated that he regarded the request as most reasonable, inasmuch as all the evidences furnished by the managers of precincts wero exclusively in the pos- session of one party; that theso certificates of the ac- tual vote polled, a8 returnod by the precinct mnangers, had already been shown to differ widely irom the ro- turns forwarded by the County Canvassers; that he did not ask possession of these returns, but had asked that they bo copied im the presence of the Board, or its clerk, or some of its members; that no wrong could result, and that it furnished « security to which every citizen of this State andof the United States was clearly entitled, Tho Board in reply_@fiplined to accedo immediately to the roqtfest, but sak) tat an answer would be given on Monday. AN UGLY IMPLicaTiox, Senator Gordon replied that what he wished to se- cure was the integrity of the returns in the interval between this and Monday. The Board, however, post- poned answering until Monday, Gencral Gordon main- tains that in the soven or eight counties in which the Board had examined the true returns made by thoso who counted the votes the result was entirely re- versed. ‘THE VOTE FOR GOVERNOR. From an official count made by tho democrats from papers which tally with those of the Board so far as they have been made public Hempton’s vote is 92,261, ‘Chamberlain's, 91,127; Simpson (dem.), for Licutenant Governor, 91,689; Gleaves (rep.), 9,155, FLORIDA, STARTLING PROPOSITION OF GOVERNOR STEARNS—HE CLAIMS THE POWER TO CAN- VASS THE VOTE FOR ELECTORS—-CONSTERNA- TION OF DEMOCBATS—THE LAW OF THE CASI—PROTESTS AND ALLEGATIONS OF FRAUD, (BY TELEGRAPH TO THE HERALD.) Tattanassne, Noy. 18, 1876, Thero is great excitement hero to-day over tho dis- covery of a daring coup d'état which the Governor is discussing the policy of executing, On last Tuesday Judge Emmons, reported the shrewdest lawyer in the Stato on the republican side, reached the city, and was at once closeted with the Governor. They re- mained in close consultation for several days. This moroing it was ascertained that Governor Stearns was thinking of denying to the State Board of Can- vossers the right to canvass the returns for the electoral ticket, and taking that power, together with all questions = pertaining to that canvass, to himeelf. It was further ascertained that Judge Emmons was proparing au elaborate opinion Sustaining him in this position, The democrats, who were beginning to hope that they could make such a strong case before the board that they could sustain Tilden’s majority, were of course astonishea and out- raged at this proposed gross usurpation. They at once waited upon Governor Stearns, through their execu- tive committee, and desired to know whether he con- templated taking such a stop. He replied that he was then considering as to whether it was not his duty underthelawto . HIMSELF CANVASS ‘THE PRESIDENTIAL VOTE, and issue electoral gertificates upon his interpretation of that vote. He farther stated that Judge Emmons Was then engaged in preparing an opinion apon that question. The commitice then offered its formal pro- test to tho Governor taking such a step, aud asked if they would be allowed to file u counter opinion to that of Judge Emmons and a protest against tho usurpation, The Governor replicd that they could do so if they considered it necessary. The com- mittee then desired to knuw if, after he had deter- mined to canvass the vote himself, aad all motions to restrain bin from so doing had fatled, they would be allowed to come before him defence of their own majorities if they should be at- tacked, and in an exposure of the frauds by which certain counties were giveu to the republicans. The Governor replied that if he should decide to canvass the State himscif be would give the committee tull hearing upon al! questions invoiving the integrity of the vote, GOVERNOR STEARNS DEXOUXCED, The indignation of the democrats at tho proposed step of the Governor knows no bounds. The North. ern gentiewon bere are even more outspoken in their denunciation of it than the local politicians, who naively remark that they are used to that sort of thing. Mr. Marble, wheo the suspicion that the Gov- ernor would take euch a course was first aroused, ut- terly discrediied it aod opposed the policy of the dem- ocratic committee going to see him under what he thought Was an insane supposition, He is very much astonished to find now that the Governor is seriously entertaining such a schome, 4 THE GOVERNOR'S POSITION, To understand the technicality upon which the Gov- ernor buses his possible right to canvass the electoral vote it is necessary to go back a steportwo In 1868 the act establishing the Returning Board was passed. This act provided that the board should canvass the votes for State officers, Congressmen, legislators and elec- tors, Io 1571 Bioxham (dem.) ran against Day (rep.) jor Lieutenant Governor, In making the canvass of the votes the vourd exciuded several democratic coun- ties and gave the place to Day, The democrats them went before the Supreme Court of the State, asking that the board be forced to count the missing coun- ties, The Court announced, after the argument bad been had, that it would tissue an order requiring the Board to include these counties in their canvass, The order was not taken from the Court at once, however, and when, in a day or two. the democratic Counsel asked for it, he was notified by the Court that since the argument had been closed the Legislature had passed an act abolishing tbe Board of Canvassers, and that there was, consequently, Do body to which the mandamus of the Court could be directed, The Court then decided to issue an order in the matter. 1 was found that the radical Legis- lature had really, at a moment's notice, repealed the act'creating the State Canvassing Board, simply to put i out of existence and beyond the reach of a man damus, It at once passed a new act, similar to the first, except thi the ‘Treasurer took the place of the Comptroller as a member. Mr. Bloxbam, cheated of his remedy by mandamus, cn- tered a quo warranto against bis opponent, and alter about two years’ delay ousted him. The Legislature then repeaica their act of 1871 and passed another act putting the Comptroller back upon the Board and re- Heving the Treasurer, AN IMPORTANT OMISSION. It now transpires that in either of these acts of 1871 and 1872 the word “electors’’ is left out of the sentence that defines what votes the State Board shall canvass. It reads, ‘All Stato officers, members of Congress and legislators,” The Governor will contend that tho omission of the word “electors” in the act of 1872 takes from the Board the right to canvass the clectorai vote, but leaves it for him fo do, as he is bound by law to issue to them their certificates, and cannot do go without canvassing the vote to determine who is fairly entitied to the cer- tificates, Tho democrnts contend, on the other hand, that the clectors are State officers, and that the can- vassing of their vote is provided for under the phraso of “ail State officers,” in the sentence defining the whole votes which the Board shall-canvass, The re- publicans aver further that the Governor may, by ne- cessity, be forced to canvass the retugns himsel!, as the Stato law provides that the Board shall wait for thirty-five days atter the clection, or until tho returns are in, before it canvasses, The thirty-live days would reach to December 13, but the United States law saya that the Governor of each State shail, on the first Wednesday ig December (the 6th this year), issue the electors’ certificates, Suppose, now, say they, the returns do not all come im by tho 6th, we are pro. hibited by our law from then canvassing the returns, but the Governor is required by a further jaw to issue the certificates to electors, He will, of course, be forced to make the canvass himsell, Tho democrats wiilresist tho expected action of tho Governor to the very last extremity that peaceable resistance can go, and will then appeal in protest to the American peo- ple. The Governor himsel! is in much doubt, and it is not certain that be will attempt to canvass the votes, THE REPURLICAY ANSWER, As was predicted by your correspondent last night, the republican members of the State Bourd to-day answered the democratic address of yesterday, ask- ing that the canvass bo opened at once, by saying that the returns are not all in and that the time prescribed by law for waiting forthem not having expired, they cannot commence the canvass. It cannot be definitely stated whether the democrats will appeal to the courts for a mandamus compelling the Board to proceed. They havo been onguged most of the day in dis- cussing the oxigency offered by the surprising position of Governor Stearns. It they do not tako some measures to force the opening of the count that desirable veut will be postponed possibly six days, as tho returns will hardly be in before that time. Thero is nothing now im figures to-day except an item that may involve a loss of thirty-nine votes to the demo- crats, It appears that at one precinct of voting where the democrats had the majority thero is some infor- mality in the returns, which, however, is merely tech- nical and may not result in the counting out of the vote, The republicans still declino to iurnish any estimate of the result and content thomseives with claiming the State The opimon is very goneral that they have no allowable ficures by which they can make out a favorable result. T democrats are straining every nerve to get the returns ofthe far off counties in at once. It is thoir policy to get them in at once and thas secora, without furthor troubie, the opening of the canvass, which they asked for last night and failed to get. They fear that pos- sibly some of the counties may be delayed until the 6th of December, and thus be left out altogothor, besides proventing by their absence the Board commencing its work at an carlier date, and giving the Governur somo plea of jastification for assuming the functions, THE POWER OF THE GOVERNOR. In reply to a question from New York your corre- spondent states that the law of Florida puts tho ap- pointment of every State and county officer, except electors, legislators aud constables, in the hands of the Governor, He appoints the county commissioners, who themselves ciect inspectors of election. Ho ap- points the county clerk and judge, who, choosing a justice, also appointed by him, make the Board of County Canvassers, The county clerk is responsible for the torwarding of tho returns. In some counties m the- there aro so few republicans of decent intelligence that the Governor has bad to appoint democrats to one or more of tho offices enumerated above, The returns are no later this year than usual in coming in, There are several counties whose voto has never reached the capital in over two weeks after the elcc- tion, It is quite easy to see why the returns may be reported roliably, tully a woek before the official voto ia received. Tho count of the votes is mado at each precinct ag soon as the polls close. Tho precinct re- turns are then made up an arded to the county seat. Their exact result can be ascertained at once and forwarded, but the county canvassers do not officially consolidate the vote und forward it until the sixth day afier election. With only weekly mails running to many of the counties it is often two weeks after the sixth day following clection before they reach the cap- ital, A lotter from Manatee to Tallabassce, dated the 8th, reached here yesterday. WHAT MR. W. &. CHASDLER SAYS. Mr. W. E, Chandicr furnishes your correspondent the following despatch tm answer to an inquiry tor- | warded from the Hxmatp offics by wire to-day :— “J, G. Bexxett, Hernatp, New York:— “The counties not reported are all under domoeratic control. W. E. CHANDLER.” Mr. Chandler has certainly been misinformed. Tho one county that he mentioned to your correspondent as being a particularly suspicious one was Taylor, Mr. Chandler asserted that the county seat of Taylor was only forty miles from Tallahassee, that the clerk was a democrat and that tho returas were not im. I have now before me in a paper—Madison He- corder (rep.)—a card from Mr. J. H. Lippington, the clerk of Taylor county, in ‘which, Over bis own signa- ture, he asserts that he always has been, and always will be, a republican, and attacks democrats violents: Hillsboro’ county, with 600 democratic majority and official returas not yet im, or heard from, has a bit ter republican, namod White, as its clork. The one clork alone is authorized “to forward the returns, It is now the purpose of your correspondent to dis- miss the questiwn. I desire to merely present tacts, Mk, MANTON MAKULE’S STATEMENT. IT called upon Mr, Manton Marble and requested him to prepare for tho HexaLp a statement covering the of tho counties not yet reported. Mr. Marble gavo the question a thorough investigation, and guve me the aptexed card at leven o'clock toenight'— Zachariah Chandier’s order, sent hither to claim Florida as republican and stick to the claim must account for any statement that the counties not reported are afl under democratic control. The re- verse is true; not one of them is under democratic control, Every county in Florida is under republican control, The three county canvassers in overy county and the County Judge were appointed by a re- publican Governor; the Clerk of the Circuit Court was appointed by a republican Governor; a Justice of the Peace was also appointed by a republican Governor. From the precinct ballot boxes to the Tailahasse State House, the place = of voting; the precinct officers who receive the vote, the officer who recordy tho vote, the county of- fivers whose judgment affects the cortificate of the vote, the State oilicers who by law canvass the county returns of the voto, the Governor who cer- Wifes the rosult of their canvass of the vote, all are republicans of under republican cvuntrol, Suen {# tho law, such is the fact. The Flagida Democrauic Committee are unaware what county returns have beon { Feeoived by the Governor aud Secretary of State and especial fact as to whother the democrats had control | aro also unaware what county returns have been | stolen trom the mails, which are also uncer | republican control, and bemg determined to frustrate a falsification of the = county returns, for the sufficient reason that the recorded county resulte aggregate a certain democratic ma- jority for the Tilden electors and for Governor Drew, havo labored in every county in Florida to secure a prompt transmission of the official returns to Tallahas- see, and at large expense Dave sont to every county for certified copies of the official record thus made and recorded by republican election officers, Governor ‘Stearns could insure the arrival of the official returns where the efforts of the committee might fail. The committee, however, will not fail to obtain certified copies of the oflicial record from every county. Hernando, Hillsboro’, Manatee and Dade, remote peninsular counties, casting democratic majorities, havo not yet been heard {rom at the State House, but the record, the certificates and the mails aro wholly under republican control The returns from these and all other counties in default should have been mailed by Monday last, and may yet arrive before the ond of anpiher week. The Democratic Committee will certainly Le prepared with certifiea copies of their official records, Taylor county, near by, it is said, bas not bocn heard from, The Clerk is a republican and should have mailed the certificate week ago, The Democratic Committeo have received @ certi- fied copy of tho official record. In short, nothing here is under democratic con. trol; everything is under republican control. The whole exertion of the domocrats of Florida and of tho democrats from other States here assembled has been and isto secure and prove the official records, for they establish the fact of a democratic majority over and above all frauds as yet attempted or accomplished. Those frauds have not quito sufficed to effect their purpose. MANTON MARBLE. POLITICAL REINVORCEMENTS, Kasson, of lowa; Noyes, of Ohio, and General Low Wallzco are reported en route for Tallahassee from New Orleans. Messrs. Robertson and Rollins, of New York, arrived to-night. Republicans {rom all Points of the Stato came here to-day andare in con- sultation to-night. ‘The hotels are jammed. LOUISIANA, A LULL IN THE POLITICAL STORM—FORMAL MERTING OF THE RETURNING BOARD. [px TELEGRAPH TO THE HERALD.) New Orgass, Nov. 18, 1876. To-day has been a very quiet one in political circles here, Nothing of real significance was done on either side. Itis evidently only a lull in the storm, as the nows from South Carolina has not only depressed but created a very apprehensivo feeling in the community. This evening the Northern strangers are nearly all out visiting. MERTING OF THE RETURNING BOARD, At twelve o'clock there was quite a gathering at the room of the Returning Board. Messrs. Casanave and Wells, of the members of the Board, were there; Judge Trumbull, Judgo Stallo, Governor Valmer and ex-Gov- ernor McHenry, of the Northerm democrats, and the Democratic Committee, which has charge of evidence to be presented on the part of democrats, were present, There were a numbeg of republicans present also, Therd was adelay in the mecting on the part of tho Board on account of the absence of Mossrs. Anderson and Kenner, The Board met at balf-past twelve and authorized the Scrficant-at-Arms to procure a room jor the future meetings of the Board, REPUBLICAN REPLY TO THE DEMOCRATIC VISITORS. The following reply has been made to the last letter of the aemocrats by visiting republicans hore:— GuntLeu“N—We are gratitied to learn that we have misupprehended the language and spirit of your cum- munication of the 14th inst., and that we were in er- ror in attributing to you a purpose to tuterfere with the legal, constituted authorities of this State in the discharge of their duties. Perhaps this misapprehension was tho natural result of the language employed. Your request was to meet and confer with you personally or through committees in order that such influcnee as we possess may be exorted iu behalf of such canvass of tbe voices actually cast as by its fairness and impartiality shall command the respect and acquiescence of the Ameri- can people. This as we understood was a request to co-operate with you for the purpose of influencing the action of the Returning Board 1n the discharge of its duties, ‘he President had requested usto attend there to witness, not to influence such canvass, and we know that such request by bim was! pot tniended to limit us to witaess the count of votes actually cast, but the en- tire proceedings of tho Board in ova | a result as to the votes legally cast to be counted. We are grati- fied to Journ that you concur with tho President and with us im this upuerstanding, You also state that you are fully aware that both the or- ganization and action, whether judicial or ministerial of the Returning Board of Louisiana was beyond any authoritative control from without, and it would be the height of arrogance and folly to attempt to alter the laws of a Stato of which we aro not cit- zens, orto obtrude our interpretation of the laws upon those whose duty it1# to adininister them. We may, therefore, aswe think, assume that you will agree With us that it would be arrogance equally to attempt by our concerted action to influence the pro- ceedings or results of cours of justice or of boards acting judicially, aod hence wo aro gratified at being able from the language and tenor of your lotier to assume that you did not wish to confer with us for the purpose of in- action ofthe Returning Board, but only uch co-operation on our part as would ena- ble us jointly with yourselves to witness the prococd- ings throughout. A conference tor such a purposo would now seem to be unneccssary, ss we learo tron ‘B communication juss received irom the Returning Board which appears to us to accomplish all that vy your oxplapatory note you desire to attain by the pro- oued conference. We will add that it is vory apparent that if your wish is to see a fair and honest expression from the electoral vote of Louisiana there is no difference between vur- solves and you except as to your conduct in referonce to that result. You have proposed a conterence and activo associated influence. ‘'bis we regard as yond our duty or our privilege as individuals. Wo sball be happy at all times to confer with you, and, as individuals, to co-oporate in whatever shall be right, but concerted action for the purpose of influencing au oftictal board we buld to be beyond our privilege, aud we shall hope that all may come to pass which good citizens can wish without the age of any such meaus, We remain, gentlemen, very respectiully yours, JOHN SHERMAN, BIANLEY MATTHEWS, JOHN A. GARFIELD, Ohio, E. W. STOUGHTON, Now York. J. H. VAN ALLEN, New York. WILLIAM D, K EY, Pennsylvania, JOB E. STEVENSON, Obio. EUGENE HALE, Maine. J. M, TUTTL jowa, J. W. CHAPMAN, towa, WILLIAM R. SMITH, Iowa, W. A. McGREW, lowa, EY CLARKE, Kunsas, J. C. WILSON, Kansas, C._B. FARWELL, Ihuois, ABNER TAYLOR, Iilinows, J. M. BEARDSLEY, Iinoia 8 KR, HAVEN, Ihiuois, JOHN COBURN, Indiana, WILL CUMBACK, Indiana. C. IRVING DITTY, Maryland, To the Hons. J. M. Paimer, Lyman Tramball, W. R. Morrison, Samuel J. Randall, A. G. Curtin, William |. KR. Doolittle, George B. Smith, J. E. Me- Donald, Rar | w. J Jon Love, Henry ‘atterson, J. McHenry, 1. H. Shirley, Oswald Ottendorter, J. B. Stalto, L, V. Bogy, James 0. Brodhead, C. Gibson, Jon Leo Carroll, W.'T. Hamilton, W. G. Sumner, P. H, Watson and F. R, Coudert, Now Orleans, INVITED TO WITNKSS THE COUNT. The following communication was forwarded to the visiting republicans, A similar document was sent to the democrata. Their reply will be telegraphed when e. Oprice oF Tie Boanv or Retvunsixc Orricens, Srate ov Lovisiasa, StaT® House, New Ontxass, Nov. 18, 1876. Hon, Jonx Suenwas, St. Charies Hotel, New Orleans :— SimAt a meeting of the Board of Returning Ofticers, beld this day, the followimg preambie and resolution, introduced by General Thomas C, Anderson, was uani- mously adopted, viz. :— Whereas this Board has that distinen! States, some at the request of the Fi ited States and some at the Executive Commitwe of ti sont in this city with ov odin of thie Bosra in canvassing the returns of reeent election in ‘reside! learned with satisfaction xentlomen of national He jors, in order the country may be the result and the fain whieh it may hw whi wenices thi may attach to the result of their proceedinys, and that the public mind would be convipced of Its justice by « knowledge based; therefore, be it this Board does hereby cordially invite nilemen from each of the two of the facts on whieh it ma; Resolved, That and request f ti ischarge of its daties under and compiling the returns and, nse the result of said election for Presi: Capacity ax private citizens of emin halrort thi op cece of the pri Respectfully, &e., J. MADISON WELLS, ‘electors in their t repatation and ligh ings in thelr ve- President Board of Returning Officers, « THE REPCHLICANS ACCKPT, To which the following answer has been sent :— Sr, Cuantes Horen, Naw Onteays, Nov. 18, 1876, Rox, J, Mapisox Writs:— Sin—I have received your note of to-day, with a covy of the resolutiow of tuo Board of Reiuroing oO. cers of the Stato of Louisiana, and have com- municated the invitation contained in it to the yeptiemen who are kere at the request | of the President of the United States to witness the canvassing of the vote at the election in this State for Presidential electors, and am instructed by them to inform you of their acceptance of the invi- tation, and that they will designate 4 committee of five of their number to attend the meeting of the Board, and I take this occasion to express my thanks for the courteous terms of this invitation, my deep sense of the importance of your proceedings and my confident hope that they will bt so concluded as to convince the public mind of the justice of your finding. Very re- spectiully yours, JOHN SHERMAN. General Anderson, a member of the Returning Board, said there were a great many distinguished gentlemen in the city who would desire to witness tho proceedings of the board, and he therefore offered the preamble and resolution above quoted, which were acopted without dissent and ordered to be spread upon the minates, ‘The Secretary of the Board reported that election re- turns irom thirty-Ove parighes had been fied with him. There are yet returns from thirty-six parishes to arrive, TUR COUNT TO BEGIN ON THE 20TH. The question was raised as to whether the Board could begin the compilation and canvass until all of the returns had been received. It was determined, however, to commence on Monday, the 20th inst., and to take up the parishes ulpbabetically or by Con- gressional districts, Colonel Zacharie, chairman of the Democratic Com- Mittee on Election and Returns, requested to know whether the presence of counsel, representing the democratic ‘candidates, would be allowed during the deliberation of the Board. ‘The President replied that only in cases where the disputed points arose would counsel for both partics be called in. Hoadded that counsel would be permitted to inspect the returns when they were opened in order to see whethor they had been tampered with. PROTEST AGAINST THR JURISDICTON OF THE noann, Colone! Zacharie, of counsel for the democratic can- didates, led # plea against the constitutionality of the Board and protested against certain actions, The fol- lowing grounds were set forth :— First—By section 2, article 98, 1872, creating a board of returuing oflicers, there is no term tixed for tenure of office, und by the sane section 1 18 provided that in case’ of aby vacancy by death, resignation or otherwise by either of the Board, the vacancy shail be filled by the residue of tho Board, thus creating @ board with power of perpetuating itself incelinitely and conferring suid | power in certain contingencies upon a single person, That the said Board is authorized to canvass and re- turn us elected, members uf the Legisiature and said members are alone authorized to participate tn the or- yunization of either branch of tue Legislature and said Fegislature, so constituied under uct 48, title 3 of the constitution of the State of Louisiana, shall examine and count the votes tor Governor and Lieu- tenant Governor, tho direct and immedinte effect ot all of which 18 to place the power in the hands ot five persons, or, ultimately, 12 one person, und his ap- pointwes for all time, to determine of what persons shall be constituted the executive and legisiative branches of State government, ‘That said act in said respect is in direct conflict with the constitution of the United States and of the State of Louisiana, us creating a government not republican in torm or character, Second—By the actundor which the snid Board claims to proceed, the said Board is vested with powers judicial io their cbaracter, and in that respect the act | is in conflict. with article 9 of the constitution of the | State of Louisianr, | Third—That if the Constitutiovality of the iaw were | established beyond question we again object and pro- test and except to the manner in which the present | acting bourd 18 constituted. The act 98 of 1872, section 2, provides that tive persons, to be elected’ by the Senate from all political parties, shall be returuing | ollicers for all elections in tho Stato We except, ob- ject and protest that the act has not been complied with, as Hone of tho members now composing suid boura are bers of the democratic-conservative party, and therefore said board is not constituted as required by law, Fourth—On behalf of the democratic electors the counsel protested against the counting and compila- tion of the vote lor A. B. Levisee and H. Brewstor, republican electors, on the ground that when Brewster was voted for he was occupying the tederal position of United States Surveyor General, and that A, B, Levisee was u United States Commissioner ana eligible according to article 2, petition 2 of the con- stitution. Tho Board will determine on Monday whether argu- ment in this protest will be pormitted, No election was beld to fill the vacancy on the Board, which ad- Journed until noon on Monday. DEPARTURE OF DISTINGUISUED VISITORS. Ex-Governor E. F, Noyes, of Ohio; General Lew Wallace, of Indiana, aud Hon. Jobn A. Kasson, of Towa, lett this forenoon, by rail, fer Florida, Genoral John Coburn, Hon. Will Cumback and Judge Stanley Matthews departed homeward this afternoon, INELIGIBLE ELECTORS IN LOUISIANA. Ithas been found that tw6 of the district electors here, Levisee and Browster, who wero on the repub- Mean ticket, are ineligible. Levisee is now holdinga commission as the United States Commissioner of the Circuit Court, and Brewster is the Receiver in the United States Land Office, To offset this claim of ineligibility 11 is said both parties have, subsequent to the election, sent in their resignations, antedated,eso as to tako effect from November 4, ‘There has boen something of a stir over this develop- determined after a judicial investigation and u trial at law. HOW THE DEMOCRATS GAINED THE NEGRO VOTE. Cuntox, La., Nov. 13, 1876, To Tux Eprror ov tux Heraty:— Owing to the announced intention of the radical party in this State to defeat the expressed will of tho peopir jain by the machinery of the infamous Ko- turning Board, the election in Louisiana has now a national interest. This parish, East Foliciana, is one against which Kellogg has made charges of outrago and intimidation, based on the fact that with a largely preponderant negro population tho vote was catirely democratic. But the explanation is easy, ‘Tho democrats labored actively in the canvass to sc- cure votes; tho radical managers mado no canvass before the people: of the pa 7 tney nominated no ticket for tho Legislature, for sheriff or other local offices, but contented them- selves with intrigues to keep the negroes away from the polls and to deprive our election of regularity by inducing the Supervisor of Registration to leave the parish, Their plun was a failure. We induced tho Supervisor to return, ayd the polled vote at the clec- tion is within 200 of the highest ever cust in the par- ish. Our plan was a signal success. All other business was deferred to the work of canvassing during the last summer, We worked on the negroes by public speak- ing, by private canvassing, by parades and bar- becues, where they camo with their wives and families and went home delighted with their entertamment. They had no contidence in | tho radical leaflors here, ana all we had to do was to overcome their prejudice against the democratic party based on the old falsehoods that we intended some denial of their civil rights. In this ®o su ceeded. Day by day our clubs increased, until they embraced noarly four-tifths of the negro voters in the parish, It was accomplished by argument and fair and logitimate political means. Intimidation and co- ercion were not possible if they had entored into our plan, Troops have been stativned in our parish ever since the canvass opencd, and every security has been provided for tho full and free exercise of the suffrage by the colored people. On lection day there was nothing but quict and good order, Thers were probably about 150 radicals who did not vot. under instructions from their party leaders, But this was not our fault, and the negicct of their insignificant minority should not discredit the overwhelming majority fairly expressed at the polls. The republicans dia not even have tickets here, although there were some of their party at tho polls who would have voted if they could have secured them. We can show by abundant evidence that our election was quict and fair, and we demand tbat our suffrage shall not bo defeated by the arbi- trary decision of an unscrupulous partiean Returning Board, K, A. CROSS, Presidential Elector Sixth Congressional district, ANOTHER MAJORITY OF ONE. FROST, THE DEMOCRATIC CANDIDATE FOR THE THIRD CONGRESSIONAL DISTRICT OF MI8- SOUR KLECTED UY A MAJORITY OF ONE. [BY TELEGRAPH TO THE HERALD.) St. Louis, Nov. 18, 1876. The contest in the Third Congressional district was settled for the time being to-day, Justices Schultz and Finney, the canvassers, deciding that the total vote was—Frost, democrat, 8,100; Metcalfe, republi- can, 8,099; thus giving Frost a majority of 1. Tho stats of tho case was this;—The returns as firs’ announced showed Metcalfe in a majority by Ove votes Afterward the judges in the Sixty-iourth preeinet, dis- covering ao error in their returo, filed a supplementay roport, by which Mr. Frost received 8 and Mr. M calle 2 additional votes. The totals then stood :— Fros', 8,100; Metealle, 8,099. | heen thotines the vate far Frost in nrecinat Na 67 had been eountod as 292; the frien: calle claimed that the actual vote was 272; U Judges had entered in 292 in the poll book, aad that tho = been changed to a 9 tn the office of the county clerk. : Republicans assert that there is the plainest proof of the books having been tampered with, aud express great indignation. The democrats are jubilant, claim- ing that ouly justice bas been done. Late this afternoon a writ of mandamus was issued by Judge Treat prohibiting the County Court from is- suing tue certilicate of election to Frost, VERMONT. PROVISION YOR COMPLETING THE COLLEGE. Moyrrxtimr, Nov. 18, 1876. ‘The House to-day finally passed the bill for filling the vucancy tn the Elcetoral College by 129 1019. The act is especially designed to meet the case of H. Ne Sollace, said to be ineligible. REVIVAL OF THE ELECTION FEVER. Yesterday, about noon, a special aespatch appeared on the Hexatp bulletin board stating that the oflicial count of the Returning Board of South Carolina had given the State to Hayes by a majority of 600. The appearance of this builetin caused a revival of the zcenes witnessed last week, and the sidewalk in front of the building was again rendered impassable, The news travelled on lightning wings up and down town, and the general impression was that the decision wat final, In the boteis and in Wall street the news wa the topic of conversation, Everywhere republicans were radiant with joy. They calculated that this was only the beginuing of the end, and that South Carolina would vo quickly followed in the same direction bv Florida and Louisiana. WHAT DEMOCRATS AND REPUBLICANS THOVONT, At the Custom House and Post Office the news was ELECTORAL | received with conspicuous expressions of satisfaction. Collector Arthur expected all along 1% would como out justso He never doubted that the republican party haa carried South Carolina, and carried It fairly and honestly, Under the circumstances that the Returning Board had cheerfully acquiesced in the decision of the Supremo Court tt was all tho more Bate isfactory, Postmaster James said he did not expect any other result, In the nature of things South Carolina should go republican, just as much soas Vermont or Massa- cbusetts. It was the banner republican State of the South. The democrats made loose estimates a basit for their convictions that the State belonged to them, but the sirict count the vote has undergone shows that we were all along right in claiming the State as republican on w square canvass of votes Colonel Charles E, Spencer suid be thought the end was now near at haud. ‘The democrats,” said he, “have overlooked tho tact that they have no claim op the colored vote, and that if any purty bad a right to anticipate a verdict nity favor from’ a State where the colored inen ure so largely in the majority it was tho repuvlicau party. It was they who liberated the Diack man from bundage, and tt was only natural to expect the black an would show his gratitude by tuking sides with bis benefactors, We nave certainly carricd the other two States, and it 18 ouly a question of time as to when their indorsement of Huyes aud Wheeler will be recorded,"? Joba J, U'Brion, the aciive young man of the Cus- tom House for said, “I toid you sv, South Caro. lina was ours from the start, and even democrats themselves conceded itin the beginning, It is no use saying it was carried by fraud, because the Supreme Court of the State retused to ullow that the Returning Board bad judicial powers, 80 they had only to couot the returns and declare them, and now the result ta that Hayes has been the choice of the State,” OTHER VEDERAL OFFICIALS felt happy that their prognosticutions had been veri. Ned, and, in truth, all through the ranks of the loyal und’ faithiul aduerents of the republican party vhere was great joy with the ultimate result in Scath Carolina. AMONG THE DEMOCRATS various interpretations were put upon the despatch. Many held that the whole thing Was u trick to regu. Jate tue vote so that Tilden should be defeated and Hampton aliowed tobe elected on the theory that people of south Carolina desired chiclly and altogether the possession of local. selt-governmen” they would stop agitating ubout frauds and talse re Luros so long as they got their Governor und let the fute of Tilden go to the dogs, They were fighting for the State principally and not for the national ticket, Dut it was insisted that this could pot be so, and that in South Carolina, especially among the colored demo- crates, it was unlikely tl haat of Tilden would be scratched from the general ticket, as scratching I a0 uncommon thing in that Stave and not aptto be kuown to the colored voters, ‘ Mr. Scott Lord, who was in town yesterday, took this view of tho matter, and said it was surprising why Tilden should run behind Hampton, as certainly the white people could have no preference for Hayes, und the colored democrats were most likely to toliow their lead. Mr. John Kelly had his doubts about the genuine ness of the decision of the Returning Bourd He waid:—-"*You will see the democrats of South Caro linu have somothing to say about the matter. It in- timidation is a causo for throwing out the vores of an election district, | think the democrats will be able te show clearly that all the intimiaation has been done by negro republicans on negro democrats,” Ex-Mayor Hall, in his characteristic way, said, “These roturning bourds remind me of Bobbing in the farce of ‘Stoneybatter,’ ‘What's yours is mine and what's miue is my own.’ That was largely the high wayman’s sentiment, The Returning Board got hold of ali the returns, and said substantially to the demo crats, ‘What's yours 18 ours aud what's ours is out own,’ and that’s the way they fixod things for Hayes, ‘fhe least Hayes can do,"’ continued the ex-Mayor, witt a merry twinkle 1p his eye, **.he least ho cao perpa trate by way of gratitude is to give every man on th.g republican Returning Bourd a seat in his Cabinet, or, @ not, aforeign mission of the first class. What arg Chandler's or Biaine’s or Cameron's services conn pared to theirs’ Ho may sigh tor a re-election and where can he turn his eyes with more radiant Lop than here? Alas! nowhere.”’ NOT DOWN IN THK MOUTH. Though a seerct sevse of mortiticstion was felt among the democrats at the result im South Caroliva, there was no despondency exhibited. On the cuntrary, with a more eager hope that Louisiana Was still salto for their candidate, They were never very sure of South Carolina, aud it almost reconciled them to the disappuintment to find that alter all ite majority for Hayes was only 600, AT THE VIPTH AVENUE NOTKL in the evening the concourse of politicians in the main corridor and at the bar was larger thao on auy other evening through the week. epublicans were in excellent tempor, und democi showed but little § disturbanco of feeling over tho laveat ws from South Carolina. The latter argued and drew encouraging hope from the argument that the official count, as decided by tho Ke turning Board, bad yet to be passed upon by the Su- prome Court of the State, whero the democrats intended to carry their complaints of fraudulent voting and in: timidation of democratic voters. They pointed out that tbe duties of the Returning Board nad been de clured to be simply miuisterial, and that the judicial privilege rested with the Court, which, having ulready given a decision ineliving to the jocratic cause, ‘wus apt to follow up the same by yi 1g to the demo- cratic appeals for 4 hearing in such cases as were cal- culated to show fraudulent practices on the part of republicans. BOARD OF CANVASSERS. The Board of County Canvassers concluded their canvass of the returns yesterday, but the offictal vote will not be announced until Tucsday. The Board hae been in session every day and until late in the evening since Monday last. Their labors have been arduous, and the official votes of all the districts will now be io) 1ooted up. The following protest from William E. Demarest ove of the contesting Loard of Aldermen, was recet and placed on flle:— ALLMD BoaRy oF County Canvassens or Tus p County or New Youk :— I. Demurost, duly olvetad Alderman for the York, pursuaut vo the constitutional charters ut the general vlvetion held in said city on the ber, 1575, do hereby solemnly protest agal yout assumption to act as » Sourd of County Canvassery Upon the following grounas : Mi constituted In that Aldes who are Firet—That your Board ly not logall tho so-called members ot the Hoard tej turned by district inspectors, that mititated against you interests Judges in date. ‘as such catdiuaves, thereby constituting yourselvet your own casos, in violation of the laws of thd such presumed county canvassers you ai he late election 1 tl ined citement provaile throughost the land bee ing bourds or canvassers of South Caroline and Louisiana aro claimed to be iliegal and partisan, in that cor tain members thereot were dates for vitice at tho re and purity of such eanvass. Fourth=That the ile ai construction of your Boara, at irowiny out the entire votes for Fresidential electors, &e., ta this of whieh the dem- oeratic electors, by counting seid vote, would receive a ward of 30,100 alority in the State, and that without suc! Votes thy state of New York would be ,ost and Tilden and Mendricks would unquestionably be defeated and the peace pation fi led. and prosperity of he aati PAM E, DEMAREST. The following districts, in addition to those already published, were footed up yesterday SOSKMELY, Districts 8,617; MeKeo, 1,587, Cowan’s majority, 2,030, 16—Dinmond, 4,826; Loew, 2,840; Ahrens, 605, Din over Loew, 1,986. 16—Spinola, 4,013; Kearney, 3,40; Haggenmeyer, 3 381, Spinola over Kearney, r Coulter ov 1 18—O'Hare, 4,206; Pullman, 3,353 O’Hare’s majos ity, 853. 19—Keciesine, 2,453; Chureh, Eeclesine over Simm ek bres rey sie ae Koyglebardt, ‘Sleia's majority, we