The New York Herald Newspaper, November 23, 1876, Page 3

ee ae THE PRESIDENCY. | The Supreme Court of South Carolina Defied by the Canvassing Board. Pasaltnaitiae A REPUBLICAN COUP D'ETAT. They Snatch the State for Hayes and Chamber- Jain, Then Adjoura Sine Die. Democratic Counties Thrown Out to Secure a Republican Legislature. WILL THE ACT STAND? The Slow. Action of the Louisiana Returning Board, THE CONTEST IN THE FLORIDA COURTS Consultation of Leading Ohio Democrats on the. Situation. Matters were brought to a focus quite unexpectedly 4m South Carolina yesterday by the action of the State Board of Canvassers in assuming judicial functions in @efiance of the decisions and orders of the Supreme Court of the State, issuing certificates of election to the Hayes ‘residential electors and to the republican Members of the Legislature in those cases where questions had arisen and adjourning Jine die, As the Legislature has the can- vassing of the vote for Governor and Licutenant Governor the result of this action, if allowed to stand, will be the continuance of the present republican vote ‘hore, In Florida, the argument before the Circuit Court, on the question of permanently restraining Governor Stearns from-canvassing the vote for Presi dential electors will commence to-day, but a decision ‘{s not anticipated before Friday. In Louisiana seven sdditional parishes were canvassed, but as they were Bmong those concerning which no question has arisen, Bho result affords no clew to the ultimate result, SOUTH CAROLINA. COUP D'RTAT BX THE BOARD OF STATE CAX- VASSSRS—THE DECISION OF THE COURT IGNORED AND CERTIFICATES ISSUED TO THE MAYES’ ELECTORS AND REPUBLICAN CANDI- DATES FOR THE LEGISLATURE—LEGAL EF- YEOT OF THEIR ACTION—INDIGNATION AMONG THE DEMOCRATS. [BY TELEGRAPH TO THE HERALD.) Corumaia, 8. C., Nov. 22, 1876. Tho political situation here assumed a most extra- ordinary phase to-day in the adjournment, sine die, of the Board of State Canvassers at the very imstant almost that the Supreme Court was tssuing a peremp- tory mandamus directing the Board to issue certi- cates of election to the Senators and Representatives of the General Aésembly, ascertained by the Board to have received the highest number of votes, as made in its return to the Court yesterday, THE SITCATION, As stated in my despatches to the Hzgixp pre- ‘viously, the Board of Canvassors, under the direction of the Supreme Court, aggregated the vote of the State from the returns of the county canvassers and made a return of their aggregations and canvass of the vote, which show the followingresults as far as the State Legislature is concerned:—Senate—Republicans, 18, democrats, 15. House—Republicans, 60; democrats; G4 The question as to issuing certificates on this prima facie evidence was taken under advisement by ‘the Court yesterday, and thts morning the Court de- livered the following opinion and order:— OPINION OF THE COURT. The State of South Carolina, in the Supreme Court, April Term, 1876—The State ex rel. R, M. Sims et at vs. H. E. Hayne et al., Board of State Canvassers, and H, E. Hayne, Secretary of State—Suggestions for man- damus by Chief Justice Mosos.—The necessity for an immediate-decision prevents, for the present, any ex- tended views of the Court on the question submitted for its determination; neither does it propose now to declare its views of the extent or the character of the powers of the Board of State Canvassers except so far as they relate to the election ef members of the General Assembly. Tho constitution, by the four_ teenth section fof the second article, jdec! “each house shail judge of tno election’ return and qualifications of its own members. It was neces- gary, therefore, far the organization of each house that & mode should be provided through which the choice of the electors might be made known so far as it pri. ‘marily appeared from the evidence which the Fequired should be submitted to them. Witnoutsome such mode of ascertaining in the first instauce the probable will of the constituency there could be no or- ganization of cither house.@ It was not intended by the authority conferred on the State Board to delegate to it any of the powers vested by the constitution in each house, but merely to provide the mode and man- ner which was deomed tne most reliable and effec- tive in ascertaining in each county the will of the people expr d through the ballot-box as to the offices to be filled by the election. The machinery by which the proposed ond was to be met was through the appointment of Precinct Managers, Boards of County Canvassers and the State Board of Canvassers, The several ‘statements ”’ submitted to the board Inst gamed, as required by the act, provided the means not of judging of the electidn retarn and qualifications of the members of each house, but of ascertaining who, according to the mode by which the tact was to be established, were entiticd to the certificates, not to show the election in the terms of the constitution, but the apparent choice of the people as expressed inthe **gtatements,’’ana this conclusion was to be reacbed by the evidence of the number of votes cast and of the par- Wes in whose favor the greatest number of voices was piven for the Senate or House, as the caso might be. It was not competent for the Board to determine, as the House only could, who in fact was the chosen member, for the extent of its means to that end wero averring against the scat of another who is admitted by possexsion of the certificate docs not assert his right by way Of appeal from the action of the Board, but aske tho intervention of the House by force of its ja- terest and original jurisdiction, The Board of State Uanvassers having certified to this Court the number of votes given in the various counties for members of the General Assemby, now, in accordance with the views herein expressed, it is ordered that a writ of peremptory mandamus do issue directed to the Chairman or members of the Board of je Canvasrors and tho Secretary of State, command. tig the said Board forthwith to declare duly elected to the offices of Sevators, Members of tho Mouse of Rep- fosentatives the persons who by said certificate of the said Board to this Court have received the greatest number of votes thereior, and do forthwith deliver a certided statement and dectaration thereof to the Sec- retary of State, aud commanding the Secretary ef State to make the proper record thereof in bis office, and without delay thereof, under the seal of his office, to each person thereby declared elected, and aitke copy to the Gor ernor, and cause a copy thereof to be printed in oue or more public newspapers of the State, The opinion seemed to have been written at the very close of a consultation beld immediately previous to the meeting of the Court, for when it was read the ink was scarcely dry. ACTION OF THE BOARD. While this motion was pending, and with the Court for consideration, and while the petitioners and the Board of Canvassers were legally before the Court waiting its action in the matter, the Board met, took upon itself judicial ions and issued certificates of election to the republican members of the Legislature, totne Hayes electors and others, and adjourned sinc die, THE PRETEXT upon which this action was based, it is understood, is that the law required their canvass of the vote to be constituted in ten days, which period expired at twelve o’clock to-day. It is clear that though the law may Tequire the canvass to bo completed in ten days, it does not intend the Court to be limited as to the legal or {legal conduct of the Board. It is contrary to the first principles of law and fair dealing, that when a Board is thus being investigated bya court that it can end the investigation by adjourn- ing. It is considerea by leading Democyats that tbis action by the Board has been the result of the late consultations at the State House, at which the leaders were presont. Some people surmised that it was dictated from Washington, and brought here by Judge Bond, who bas bad sevetal close conferences with Governor Chamberlain, United States District Attorney Corbin, and ex-Attorney General Akerman, THR BUPOsED FURPOSE of this political coup, d’état is to muddle and confuse the status of the Legislature to assemble hero on Tuesday next, eo that the scenes in the Louisiana Legislature may be repeated and a republican majority may be primed inthe Legislature of South Carolina by the bayonets of General Rager or Colonel Black. FEELING OF THE DEMOCRATS. ‘Tho groatest indignation exists here at this outrage, as it considered. The democrats, by proper and legal remedies, wore taking their case before the proper tribunal, They had won the control of tho Legislature and had the majority on the prima facie retarns, THE MIXUTES OF THH BOARD. Ihave seen the minutes of to-day, and find that the Board was sottled and certificates were issued as to Prosidential electors and State, Congressional, circuit and county officers. On the question as to whether the statement of the County Canvassers of Laurens county should be acluded in tho state- ment and determination of the Board, the vote was yeas—2 nays 3% Those voting the negative were tho Ad@utant and Inspector General, Comptroller Genoral and State Treasurer, the latter two candidates for re-election. Those voting in the affirmative were the Secretary of State and Attorney General, the former a candidate for re- election, On the same question asto the county of Edgefield, all of the members of the Board voted for its exclusion except the Secretary of State. That offi¢ial then submitted the following and asked that it be entered on the minutes :— vote yes on the question of including Edgefield and Laurens counties in the certificates and deter- minatior of the Board, for the reason that the testi- mony before the Board as to their irregularities in the conduct of the election in those counties is entirely ex- parte, > By FUAY.NE, Secretary of State. On motion of the Attorney General the Board then adjourned sine die. The hour of adjourament was about one o'clock P. M., at which time the Board claim their session expired by limitation. Legal authorities, however, state that the session of the Board is not limited, but they can adjourn for as long a period as ton days from time to time until their duties aré ended, RYVECT OF THE ACTION. Under the circumstanc»s the adjournment of the Board is considered clearly im contempt, as the pro- ceedings and status of the Board were in the Suprome Court, which construes and interprets the law for them. By this bold stroke and by absolutely de- clding upon the eloctions of the mombers of the Legis- latare from Edgefield and Laurens, without testimony, ‘the Board has secured a majority of its own party in each branch of the Legislature, the election of Cham- berlain as Govornor and the return of all the repabli- can State officials, They have destroyed and reversed the majority that their own report of Monday had se- cured to the democrats and upon which the Court to- day ‘issued its order as above, Tho coun- ties of Laurens and Edgofleld aro heavy democratic counties,’ and this Board has arbitrarily rejected the returns from them in deflance of the Supreme Court, which so explicitly ordered them not to actin a judicial capacity, but to act in a ministerial capacity only. The Board last week passed an order enterod on its minutes, that it would ao nothing except act in a purely ministerial capacity until the Court had decided the question of its powers, It now declares itself functus officio, WHAT THE MEMBERS SAY, AS soon asthe matter bad become publicly known Isought the members of the Board and asked upon what authority their action was based? They all agreed that their torm bad expired by limitation, but farther than this would say nothing. JUDGE WILLARD ON THE SITUATION. The HERALD correspondent then called upon Asso- ciate Justice Willard, of the Supreme Court, and asked his views relative to the adjournment of the Board. ‘The Jastice had just hoard of it and he declined to express himself fully because of the responsibility of his position in relation to the proceedings against the Board, He sald, howeve “If that action of the Board wasdone. after judg- ment of the court it was a most utter disregard of the aatbority of the court, No action taken by those executive officers,” meaning the Board, ‘can defeat the endot justice involved in the cases before the court,” OFISION OF SENATOR GORDON. Senator Gordon, of Georgia, said to me:—“The ques- tion now is whether the Supreme Court of South Caro- lina can enforce its owm mandates or whether tho ‘State Board of Canvassers can take the law into their own bands in utter disregard of the highest court of the State. The fight is now between the court and the State Board.” The Senator feels sure that the American people will not countenance such a revo- Jutionary procedure, and he is also coafdent the court will not permit Itself to be defeated by a set of desperadoes. “What they tried to doin Louisiana,” he said, “was by the judgment of @ court, and that startied the whole country ; but this Board hag acted in defiance of the bighest tribunal tn the State,’ Re has no apprehension but that justice will be done by the court As the matter becomes known excitement in- croasos, Probably not twenty-five negrous in this city Know or comprehend what it means, but the whites are feartully incensed and indignant at this great out- tage. By to-morrow it will be known throughout the State, and it will cause additional excitement Under transmit a copy | these circumstances G ral Hampton to-night issued an address to the people of the State, as follows: WADE HAMPTON’ ADDRESS. To TH ProrLe oF Sovtit Carouixa:— £ The Board of Caavassers have by their unprece- depted action to-day shown not ouly their contempt and defance of the Supreme Court of the State, but their utter disregard of their own official integrity. While the grave question determining the result of the Fecent election were pending belore tho Supteme Court composed of three judges belonging to the republican party, and in direct vio- lation of += tne order =—of)—sthis.—sttribunal, the Board have issued certificates of election to the republican Presidential electors and to the republican State officers, and have refused to give certificates to democratic members of the Legisiature, shown by this same Board to have been elected in the countics ot Edgefleid and Laurens, This high-handed out- rage is well calculated to arouse the indignation of our long suffering people, but I assure them that this daring and revolutionary act of tuo Board can iy no legal force whatever. I appeal to you, there fore, in the fullest confidence that the appeal will not be unheeded ; that you will maintain, even under that provocation, your character as an orderly and law- abiding people During the past exciting can- vass you have studiously avoided even the sem- blance of a purpose to disturb tho public poace or to transgress tho law. Your causo, and itis the cause of the constitutional government of the country, has been carried to the highest court of the Stato and we are willing to abide by its decision, feel” ing assared that this tribunal will see that the laws shall be enforced and justice secured. WADE HAMPTON, FLORIDA. ATTORNEY GENERAL COCKE ON THE OF THE GOVERNOR OF FLORIDA AMD THE DUTIES OF THE STATE BOARD OF CANVASS- xns. : (BY TeLtGRaPH TO THE HERALD.) Tactamassex, Nov. 22, 1876, To tax Enrror oy tax Hekaup:— 1 have your telegram inquiring my opimon, as the highest law officer of the State of Florida, respecting the powers and duties of the State Board of Canvassers of Florida, also respecting the claims of Governor Stearns to canvass the votes of the people of this State for Presidential electors, and also respecting the dolay to begin the canvassing of the voto of the State. Inasmuch as it has beon my official duty heretofore to pronounce an opinion involving cach of these throe points suggested by you, and as that opinion isa public document, there is ne impropriety in respond. The substance of that opinion is POWERS ing to your inquiry. as follows:— First—Governor Stearns has no authority under the laws of Florida to canvass the vote for Presidential electors, Second—A State board of canvassers is constituted by the laws of Florida (act of February 27, 1872), con- sisting of the Secretary of State, the Comptrollor and the Attorney General, The same act requires tho county election officers to transmit their canvass of the votes to the first-named momber of the Board—to wit, tne Secretary of State-—and also requires him to notify the other two members of the Board to assemble and proceed to canvass the county returns. ‘Third—The delay of the Secretary of State to notify his associate members in the State Board of Canvassers to assemble and proceed with the canvass of the ro- turns which ho has received bas been publicly protested against by electors voted for at the last election; moreover, the members of the Board have each of them been commanded’by a competent court of this State to show cause why they should not go on with their duty. The continuance of such delay on the part Or te Secrétary of State would have'tie inistortdue of proventing proofs of alloged fraud from being exhibited before the Board as ground for purging the returns, or the misfortune possibly of preventing the vote of the Presidential electors of Florida {rom being cast in con- formity to the will of the people, WILLIAM ARCHER COCKE. THE QUESTION OF THE GOVERNOR'S POWERS BEFORE THE COURT—THE JUDGE,.THE COUR- BEL AND THE ARGUMENT—AN APPEAL TO ‘THE SUPREME COURT TO FOLLOW THE DE- CISION—THE GOVERNOR'S COUNSEL ON HIS INTENTIONS—THE CONGRESSIONAL TICKET, [BY TELEGRAPH TO THE HERALD.] Tactamassen, Nov. 22, 1876. Everything in political circles awaits the great battle before the court that will open to-morrow morning at eleven o’clock, involving the injunction against the Governor ana the mandamus to the Returning Board, THE JUDGR. Judge White arrived this evening and is at the City Hotel He is the very picture of a country judge, un- couth, slouchily dressed and quite a ‘‘cracker’’ in ap- pearance, He 1s reputed to be a shrewd, well-read lawyer, though hardly the man that+a case of such nico bearings and such enormous import should prop- erly come before, THE COUNSEL. ‘The democrats will be represented by George P. Raney, of Tallahassee; D. W. Séliers, of Philadelphia, and ox-Governor Brown, of Georgia; the republicans by Judge Emmons, of Florida, and General Barlow, of Now York. THE ARGUMENT. It is impossible to discover what course of argument the republicans will pursue. It is believed that they will plead that the Court has no right to enjoin the Governur, The democrats contend upon this point that, while a Court may not have the right to enjoin a Governor from the use of avy power conierred upon him, it can enjoin him from doing what he has no au- thority for doing; that the Governor cannot be re- strained in the exercise of any of tho functions belonging to him by law; but that when he attempts to exercise a power not belonging to the Governor his robes of office drop from him and he becomes amenable to the jurisdiction of the Court, and that the crucial question before the Court to- morrow is whetnor or not the canvassing of the elec- toral vote is within the duties prescribed by law ior the Governor, THE GOVERNOR'S INTENTIONS Judge Emmons, who has been preparing for the Governor an opinion upon the subject of his rignt to canvass these votes, stated to your correspondent to- day that the Governor did not intend to assumo that right, even bad the injunction not been served; at Jeast that he, as counsel to the Governor, would not have advised him to do so He found but one difficulty in putting the right to canvass absolutely in the hands of the Board, and that was the possibility that, asthe State iaw ordered the Board to keep the canvass open until the 13th ef De- cember if the returns were not all ia and the United States law required the Governor to issue the certifi- cates on the 6th of December, there might arise a ne- cossity for the Governor's taking charge of the can- ‘vase in order that he might intelligently issue the cer- tifcates. But tor this Jadge Emmons would nevor have questioned the right of the Board to canvass. ‘Still he did not know but that the Governor's counsel might feel it best to defond his right 10 canvass before the Court, even although he might not assume the right even if it were granted bim. THR SUPREME COUR’ As an appeal from Judge White’s decision will doubt- less bo made to the Supreme Court ia any event it is interesting to know the compositfon of that Court. ‘These are Judges Van Valkenburg, Westcott and Ran- dali, Judge Vao Valkenbarg is from New York, and ‘was once a Congressman from that State, Judge West- cott ts a ¢loridian and a son of Colonel Westcott, who was Unitod States Senator from Florida before the war. Judge Randall is trom Wisconsin and is a brother of ex-Postmaster Ge: fal Randall The jadges are all represented as fair men and good lawyers, They hold their positions for lite, Judge Westcutt lives here; the, other Judges in Jackronville. The Court can be con- voned in one day if necessary, The argumont before NEW YORK HERALD, THURSDAY, NOVEMBER 23, 1876.—TRIPLE SHEE}. the Circuit Court will probably run over to Friday and | tisea, and can throw out the counts of parisher or paris | suspected and despised: is surely to pay a bi 9! | of ly to pay the decision will be reserved til, then. JUDGE WESTCOTT’S YRIVATR VIEWS. Judge Westcott, of the Supremo Court, 1s out in a card in the Floridian, in which he says that he beheves the State has gone for Tilden by a small majority. The Oeeasion of this card 1s that a private despaich sent to Benjamin Brewster, of Philadelphia, m which Judge Westcott expressed the opinion that Hayea had small majority, was published. He now corrects his then impression, which has since proved to be erro- neous, THY MEMBERS OF THE BOARD. There is some idle talk of restraining attorney Gen- eral Cocke from acting as a member of tho State Board on the ground that ho has frequently, in print ang verbally, expressed decided opinions as to the result, It will not amount to anything. Secretary of State McLin was cditor of the Sentinel, in which the whole situation had been discussed, ‘and only resigned his position this week. NORTHREN visiTORs, There are numbers of gentlemen here who have come as the representatives of cluvs and associations im various cities North and West to watch the proceed- ibgs and report on them. Many of them represent clubs of citizens, irrespective of party, and are pledged simply to give an impartial report. They are quite studious as a genoral thing, and are taking copious and comprehensive notes. Their testimony will cover a large ground when it is published, and will go far toward enabling the general public to form an intelligent opinion on the contest now waging in Florida. PERSONAL Senator Joncs reachod Tallahassee this morning from Pensacola. Ho is quite positive that Tilden’s ma- jority is not less than 300, and can bo fairly sustained, Colonel Biddle, of Philadelphia, arrived this evening. Mr. Kasson, of Iowa, and Mr. Chandler, ot New Hampshire, are quite sick, though not dangerously. ‘THE LEGISLATURE . of the State is largely democratic, and this result can- pot be altered by any sort of changes in the recorded vote. LATE RETURNS only goto confirm the majorities by which General Finleyéand Colonel Davidson (democrats) are elected to Congress. LOUISIANA. THE COUNT BY THE RETURNING BOARD PRO- GRESSING—RETURNS FROM PARISHES NOT RECEIVED—REPUBLICAN SUPERVIGORS KICK- ING IN THE TRACES. (By TELEGRAPH TO THE HERALD.] New Onurans, Nov. £2, 1876 The Board counted eight more parishes to-day, the results ot which still very accurately ugree with the democratic returns. In one of them one elector, McEnery, had been left off the ticket to the extent of a *few yotes, aud those were deducied without oppo sition from the democrats, thus establishing a prec- edent-for the very large number of votes, for republi- can electors in a similar predicament in parishes not yet reached. STILL AWAITING RETU! ‘Tho Board professes to be still awaiting returns from fifteen parishes, while the democrats claim to have bad tbe official returns of all the parishes for several days. This obvious pretext is regarded with some anxioty. To-day the guard of police around the cham. ber wherethe Board {s sitting was doubled and it was only with great difficulty that the door could be reached by your correspondent, A REFRACTORY SUPERVISOR. Kellogg has had a sharp quarrel with Supervisor Anderson, of East Feliciana, growing out of jtate- ment telegraphed to the Herat, testilying to the elec- tion in that parish being perfectly peaceable, He 18 said to have been threatoned with a ‘‘halter” in case of defection from the party. Three or tour other repub- lican supervisors have evinced a disposition to kick in the harness, all of whom the democrats are actively and assiduously courting. Evidently the difliculties of the Board are fast multiplying. PROCEEDINGS O¥ THE BOARD. ° New Orixaxs, Nov, 22, 1876. Immediately after the meeting of the Board, at half- pasteleven o’clock this morning, the counsel of the | jocretic Committes*on Returus filed a motion for Be ie OR coutests, protests, ke, entered by the republican side. the motion was taken under advise- ment, A protest against the rules adopted by the Board was also flied by the democratic counsel. When the board went into executive session, Gov- ernor R. C, Wycliffe, a democratic elector at large, was excluded from the room, notwithstanding the fact that he had y: day received a note inviting his attendance from the President of the board. Presi- dent Wells suid that Governor Wycliffe could only be present in caso of a contest, The latter gave notice that ho would file a protest. The Board went into executive session about noon, tho following named gentlemen composing the demo- cratic and republican visiting committees remaining in the room:—Democratic committee, Messrs. Palmer, Trumbull, Juhan, G. B. Smith ana Bigler; republican committee, Messrs, Sherman, Hale, Stoughton, Gar- field and Kelley. The elerk reported that the returns from fourteen parishes had not yet been received. PARISHES CANVASSED, The following parishes were cauvassed to-day in executive session :— Tilden, Hayes. 1,435 2,467 9 620 464 3,207 1,202 1,970 902 277 165 1,885 The vacancy in the Returning Board has not yet been filled, aud it is not likely any action will be taken on the subjeet, The Board adjourned until eleven o’clock A. M. to- morrow. MR. OTTENDORVER'S OBSERVATIONS, A Heratp representative called yesterday on Mr. Ottendorfer, at the Staats Zeitung office, and had a talk with that gentleman o2 the election in Louisiana, Mr. Ottondorter only arrived home on Monday night, afier spending several days in New Orleans investigat- ing the condition of affairs there, “Do you think, Mr. Ottendorfer, that there is‘any chance for a fair count in Louisiana?” “It Florida goes republican the* Returning Board of Louisiana will simply stop at nothing to count in Hayes end to count Tilden out. The Returning Board, as you know, is omnipotent. In New Orleans the people openly express their despair should the Returning Board choose to declare the republican ticket elected. That Board is responsible at the pres- ent time to no highor official power in the State. The Governor has no control over it, and the only way it could bo reached woald be by an act of the ture, But thero is no Legislature naw in Louisiana, and that same Returning Board has tho power to pass upon the election of the new men who aro to compose the next Legislature, The last Legis lature ceased to exist on the ove of election day, and” as I have said, there is now no Legislature in that State, Then the members of the Board are its mem- bers lor life, and uot only this, but in the caso of the death or resignation of any of their number the re- maining members have the power to fill the vacancy or vacancies, asthe case may be. The Board now con- sists of four members, all republicans, the only ono democratic member, the fifth member of the Board, having resigned somo time ago. It is, therefore, plain, remembering the past, that these foar men will do their utmost to count im the republican cand:dates, While we were in New Orlears we had once a conver sation With one or two of them, but could not arrive at any hopeful conclusion as to how they would act when the fate of the Prosidency was to rest in their bands. fhere arotwo white men on the Bourd, One member of under an indictment for for- yn apedier in war claims, You Returning Bourd will n.?? iy for the returns from the parish ind how did you work??? “here was one democratic supervisor out of tl three supervisora allotted to each pari 4 wo mo arrangements with the democrats to ;orward us Copies of the returns, It 1s legally necessary in Louisiana to have two copies of the returns made, one lor the Sec- rotary of Stute and one for tue clerk of the paris! we managed tu huve a triplicate sent us trom the ma- jority of the parishes. In some of the parishes tho re- Ppublicans refused to allow a triplicate to be taken. In oll the official returns thus made the democrats were eusily ahead, and in those perishes Where a triplicate was refased the returns by the telegraph (afterward confirmed by the arrival of the official returns) also gave democratic majoritica. If these majorities were only allowed to stand of course we could be sure of vie- tory, but thea the Returning Board has supreme con- Foi to say whether fraud or intimidation was prac- | who arishes at its pleasure. ‘The Board o completed by the middle of Decem er it it please between now aud ng and every uted parishe evidence take any important rot colored men merly republicans and who bad 2 ip tue disputed parishes be. id that the argue had been 4 mcnts that hud. been used iM the ad. rd to local affuirs—the protect tnore can Major- | y dl, too, that | ticy had never seen a inore pe tion, I may | Slate, 100, that when we were speak! ith Governor | Kellogg be alluued to a murder id been com. | mitted, amd implied that it bad e 1] | politics, But a tittle questiouing revealea the fact that the murder bad been committed over a year ago and ‘bat it bad no connection at all with political matters, Governor Kellogg also repudiated | at first a letter he had writien to the Tribune, but bad | to finally acknowleuge he was the author of it, and | that he based hjs opin.ons and judgment on the rumors he had heard. He said he had no control over the Re- turping Board, and would convey the impression that he threw oif all responsibility ior its acts. We were preseut on the day the United States Marshal was pay- ing off at the Cusiom House some 1,300 uegroes who hyd acted as deputy marshals, and conversed with ihe negroes. They said they had seea no intiondation, no fraud, and thut never betoro had there been seen by them so quiet and peaceable an election.” “Was there any noticeable depression in business circles on account of the elections ?”” ‘Business was very, dull in New Orleans, as it is everywhere. ‘the people seemed to preier not to say anything about the existing state of affairs. They | seemed to feel ag it they were on the verge Of a preci- pice. There was. tar 1s3 exeitement in New Orieans about the election than there was here in New York. There were nosuch scenes there as were to be wit- nesged here around the bulletin boards.” “Were the Northern u.en well received?” «We were received with the greatast courtesy by the citizens, and had more invitations than we could pos- sibly attend to. 1 presume the republicans were re- ceived with equal courtesy, but of this | cannot speak, as they yelused to act with us at the start, We de- sired to examine their witnesses and to send them ours, but this reciprocal arrangement they retused to pt. Yes, we were very courteously treated by the citizens of New Orleans. We left after uz on both sides four representatives each to attend to the situa- tion, While | feet thatthe Returning Board will be- come desperate if Florida goes republican, still the country will be made to understand bow affairs are going on, and what grounds there may be for such wholesale uphoaval of the people’s rights as a fraudu- Jont judgment of the Returning Board would consum- mate.”” VIEWS OF MR. F. R. COUDERT. Mr. I, R. Coudert, who returned from his political mission to Louisiana yesterday forenoon, was called on during the afternoon by a HERALD representative, and his views obtained of the situation in Louisiana, Mr, Coudert had gone to New Orleans in response to Mr, Howitt’s invitation, with a number of other promi- nent democrats, and hed abundant opportunity to form correct judgment of the matters he speaks about during the eight or nine days he spent in New Orleans ‘The following Was the conversation had with Mr, Coa. dert:— “eWill you briefly state, Mr. Coudert, the result of your observations whiiein New Orleans during the past week ?”” “I found thatso from it being necessary to send Northern men down there to preach peace and good willthat we had better have some missionaries brought here from there toteach us patience, A more law- abiding and poace-loving community does not exist than the people of New Orleans, Two feelings seemed tobe predominant, First, that the conservative or democratic ticket, State and national, has been elected by an chormous majority; second, that it is the duty and the business of the North to see that the will of the people is carricd out As to the Returning Board, its object, moral complexion and political uses, opinion seoms (6 be equally unanimous, ‘that they will count Governor Hayes in, provided that feat be possible within the hmits of their arithmetic, is not questioned. But the majorities, they think, are so very large that even the mathematics of those distinguished gentle- men may be at fault, Even striking out the five par- where it is supposed that the timid negro was er-awed by the all-devouring white, only sowie 4,000 or 4,500 votes would be taken away from Tilden and Nicolls. Aa to tho ‘bull dozing,” the conservatives claim that af by that 18 meant simply intimidation, there has been an immense amount ot it practised on the democratic negro, The chairmaa of the State Democratic Committee of Louisiana says that ailida- vitg are pouring in by the thousand to show that the conservative negro was driven from the polls or pre- vented by threats from voting the democratic ticket, Each one o1 these affidavits, he claims, will be corrob- orated by the production, if needed, 9! e,party that subscribed it, So far as my ation gocg it corroborates the plausibility and probability of this statement. [Mave seen und conversed witha considerable number of very intelligent blacks. They all assured me that their only hope was in a change; that their present condition was intolerable and that it the pressure from tho carpot-vag ollicials were only i the relations of the negroes and their vid mi would be of tho trienditest Kind. All business is stopped, the precarious character o1 their political institutions paralyzes all enterprises, aud they feel that, after all, as they cannot all be judges or deputy marshals, the permanent charactor of their prosperity must depend on and result from {riendly intercourse and mutual interdependenco betwoen the residents of the State, both biack and white, One of tho most sing features in the whole arrangement that go' Louisiana, for | know no Word to express it, is the absolute subversion of parts, The whoel of political tortune seems to have raised the viacks sudaenly to a position to which they are absolutely unfitted by tradition, education and temperament. If there aro any office holders who are allowed to a white skin ip the discharge of their duties I have not met them. I did, howe see several hundred negro deputy marshals ot the United States paid off, for their ices on election day, at the Custom House. So far as I was able to gather from ,their conversation, however, their office on that occasion had given them no trouble, as the election passed off in perfect peace. Aud yot, curious ax this seems to us, whether it be the foree of habit or that the sense of the ludicrous dolls the sting of such a situation, I found no bitterness on the part of the educated whites as against the blacks, In fact, lutie incidents that I observed only sorved to corroborate the impression that 1 had received on my arrival, namely, that the disappearance of the carpet bag would be the signal for generat harmony between tue races. For instance, at the Custom House, on the occasion that i nave referred to, I was in company of Senator’ Lamar, of Mississippi. A black—and a fine, intelligent one, too—looked at him, and smilingly said, “4E believe you are the distinguished Senator from Mississippi!’ No,’ answered Mr. Lamar, in the same good na- tured tone, ‘you mean precy Sera Senator.’ Oh, no, I didn’t say that,’ saut the black, laugh- ing. And within two minutes there wasa joily, happy crowd of negroes gathering about them proud to make the Sevator'’s acquaintance and shake bands with him, The Senator seemed much pleased, and called my attention to this as one of the surface indi- cations of the real state of things. “Has the question of bled been talked of mych in connection with the election ‘y listle, I velieve. As tor any regret tor slavery, any, I have tailed to discover it. 1 visned one of tho largest plantations around New Orleans, and was told by tho owner that the present condition of Jabor was greatly preferable to that formerly in ex- istence. He employed about 200 hands, neurly one- haif former slaves. He assured me that he rarely had any trouble with them; that their relations with bim were of the most cordial character, and that all that was necessary to promo.e the prosperity of both races | was fair play and no foreign interference, “What are the business prospects in New Orleans?”’ “¥o far as business is concerned, the whole pros- pect depends on the election. I have known several nees of contracts mace and sales effected of real te upon condition that Tilden should be elected, If ho should be counted out, they say, it 18 not worth while entering upon any new business, for even hope, upon which the people have lived so long, will disap- ar, Pettiow are Northern men received by-the citizens ?”" “As to the courtesy end cordiallty which [ received, it is not necessary to say more than that it was of tho heartiest and most gental ch: re shown to all the public buildings, were courteously received by Governor Kellogg, and I believe the samo ygpres- made upon my mind was croated upon the gentlemen with whom I associated, thority to speak for any dne but myseif. Kellogg say anything about the in- been practised 1” spoke of these five parishes and ractiged upon the blacks; among the ferocity with which re- e murder of a prominent republican named Gair, or some such Dame, who had been murdered. On cross-examination, how- ever, jt appeared that the murdered man had been as- ‘passinated over one year ago; that he had been charged with the murder of a well known citizen of bh: eh borbood who had died of poison. This charge wa: made against him by A woman who, on bor deathbed, had conivssed her crime and denounced bim as in: ator and accomplice. There does not appear io havo nthe slightest political complexion attrivutable to So, too, Ih Of the fact that Governor house had been destroyed by and olitical feuds. The fact is he tal communt timidation “Governor building, and appears to have had no sort of connection with parti- san politics, It the old saying, ‘Ez wno disce omnes,” be trae, how muct: reliance can be placed on the affl- davits which are to count Governor Hayes in and Gov- ernor Tilden out? That is a mixed question, part arithmetic and part metaphysics, which | shall not jertal 0! ‘How is Kellogg looked upon In New Orlea ‘As to Governor Kotlogg, the feeling ts of course unfriendly to him, and his personal situation must un- doubtedly be a trying oue. If be sleeps on a bed of Foves, the roses are left out. Governin le who dispute the legitimacy of his title, wi jenounce the character of tis w ‘aad who regard bin a6 eo instru. ment of oppression, surely mast have hen! stroug motives for clinging to his office, Iam not alone un- der the Impression that powerful as he is he not aofre- quently feels bimeelt a prigoner, To be owtracised, un have its la | even for kingly dignity.” OHIO DEMOCRATS. CONSULTATION OF LEADING MEMBERS .OF THE PARTY ON THE POLITICAL sITUATION— SPEECHES BY GEORGE UW. PENDLETON, GEN- ERAL THOMAS EWING, GENERAL MORGAN AND OTHERS. [ey TELEGRAPH TO THE 1 J Co.cemuva, Nov, 2: 76. A number of leading democrats met -uero to-day with the Democratic State Central Committee, for cou- sultation relative to the political situation, After the meeting was organized, Thomas Ewing, George W. Morgan, George H. Pendleton, Durbin Ward, Acquilla Whitey, R. J. Warner and E. A. Houk were appointed & committee on resolutions, and a motion was adopted to refer all proposed resolutions to this committee without debate, This motion caused some disgust to several delegates who were big with warlike speeches; but John G. Thompson, chairman of the State Exocative Committee, squelched the Columbian orators by adjourning the Conference for one hour. When the meeting reassembled, General Ewing, as chairman, read the iollowing resolutions, which were loudly applauded and unanimodsly adopted :— Resolved, That patriotism domwands of every good citix a spirit of ready wequiesce: the result of the Presid Wal election as tairly ascertained: and we deprecate all par- Hsan teeling in the discussions of fact and law on whieh tnas result de; is due to the people, and it is indispen- ation of free government, that the chosen by frand or foree, "We nppeat nd making the returns, to allay pablic apprehension and suspicion by open wud impartial aetion, tt anding the eordial r tie Amer but admonished by C t Keturning Boar, ag be false and franduh nde and House of Repre: mstitutional powe: exer! ‘ them jointly or seve tairiy rated Presigent of Resolved, That w troops at Washingt assembling of Cony: credit upon ¢ lewally ascertained, and to oxcite unnecessary alarm axtv the stability of the Rep Ey thereby imperilling peace at home and th Democratic Central and conter with the t intry, with & dorftanding of the facts and perfect con- cert of action in maintaining the rights ot the people in the late Presidential election, as determined by proper legal autherities. MR, PENDLETON’S ADDRESS. In response to calls George H. Pendleton came for ward and said:—Fellow citizens, alter the unammous adoption of those resolutions it seems hardly necessary to say one word. Tho resolutions meet my approbas tion. They are, I think, in accordance with the real sentiment of all the conservative poople of the United Siates. I think they all want and will have a fair count. [ think thoy say that if there be a fair count all is well, and. also that if this is denied us, then that there shall be resort to all constitutional means, 1am not in entire de the returning boards in Louisiana and || impartially express the will of the people of those States us we Know it has been fast. Tkeo: that men clothed with authority are generally more apt to do fairly than we sometimes give them credit for, although it is unfortunate that we are placed in the position We occupy to-day, This ig the crisis of ourconntry—in fact its crucial test. Can it stand this strain much longer and live? We know Tilden has received a large majority of the popular vote and carried an honest majority of the electors, and that even if the vote of some Southern State needs purging we feel that after an honest purging it wili then give Tilden a majority. The entire people, knowing they have clected a President, stand to-day patiently wait- ing for cortain forms ot law, and I have confidence im our people to belteve that whero they see right snould be that they have nerve enough to insist the right shall be. (Cheers) - REMARKS OF GENERAL EWING, General Thomas Ewing then camo forward amid groat applause, and said:— Fr.vow Citizens—W hoever attributes the profoun anxiety of the peopie of tho United States to mi party preludices, or preferences, wholly mista situation. It arises trom no fear that on the on ind Hayes, on the other Tilden, may bave been fairly chowen President; on the contrary, nine-tenths of the American peoplo would rejoice to-day at the ascertained, fair, election of — either or Tilden. Their fears arise wholly from obvious and prearranged purpose of tain leaaers of the arty, and to count Hayes in by fraud and inaugure 1m, ‘or continue Grant, by force. ‘This treasonab! purpose 1s iu effect openly avowed by many leadii papers ana men of the administration party, Wit majority in Florida for Tilden of over 1,000 votes ap- parent on the face of the returns, and in Louisiana of from 7,000 to 9,000, with no disturbances whatever at the polls, with no published facts of intimi- dation or bribery, such as would affect the result “under the laws and govern: Ing elections, these States are ciaimed for Hayes by the administration, its pross and exponents, with an absolute confidence, founded solely on the known scoundrelism of the returning officers. Twenty yeurs ago the pro-slavery leaders sought to entrench themecives in power by fastening slavery on Kansas, against the will of the people, through precisely these methods offorce and fraud. ' The lecompton irauds, though affecting only a feeble Territory, split the democratic party and overwhelmed the an- ministration of Buchanan. If public opinion re. volted aud overthrew all who were responsible for that petty ‘swindle, how will It deal with the party responsi. le tor this grand Lecomptonism? (Applause.) It will grinditto powder, We ure not authorized here ta speak for the people of Ohio of either party, but we are of the people and can speak for ourselves; and speaking for myself say that whatever may be the duties or powers of the Returaing Board in Louisiana or of the Governor of Florida let them be dis- charged without molestation under the forms of law, subject only to such control as may be exercised by the courts It the returaing officers shall dare to perpetrate a fraud upon the nation, let the House of Kepresentatives, through tho committees sent to the spot, promptly and thoroughly expose it, so that public opinioi which is the aggregate judgment of intelligent ant fair men, shall gadersjand and condemn the villainy, and then if inthe deliberate judgment of the House it has power under tue constituslon to fol Hayes the low the precedents set by the republican party for twelve years past and right the wrong by rejecting the electoral votes falsely or (raudulently returned, let it, then, rise te the height of the occasion and act—act not in the spirit of partisan greed or passion, but with the dig. nity and courage becoming the immediate representa. tives of the people, The most monstrous deciaration yet made in this crists is that which has been attrib uted, without contradiction, to President Grant, that’ “it Hayes is given States enough by the returning officers ho shall be inaugu- rated,” and that “a juaicior of ¢ army will preven! dispute.” He is already maasi troops in Washington, to execute, # suspect, this vert threat. He seems to intend that. act of a re- turning board, however fraudulent, shall not be baiked or brought jm question by the action of tho House of Let not dealing but with the Amer- He may disperse tho Legislature in fae- but let him keep his Sberidans out of the capital, Give it to him!” was shouted by the crowd.) No, no, gentlemen, I do not want to say too much. I have but one word more to say, and that ts that [ have faith enough in the free spirit of the people and is the destiny of our Republic to believe that the House of Representatives will n i I a ong, long bave GRNERAL GEORGE W. MORGAX spoke next. He said he bel: the time had come when all should feel apprehensive of great danger. He felt that the sentiment of all our people was to be {reo or die, People looked anxiously and with fear to the action of tho Louisiana Returning Board, because was known that this body had twice counted o rely elected officers and given their places to m whom the peaple had rojected. If an armed conflict came it would be forced on them by the party in powel Ho not think there would be np, hg ; but if it was forced un the demo cratic party he felt that at the next election the peo ple would rise in their might and vho party who did this wrong, He and believed the American le GENERAL DURKIN WARD said:—‘‘In this solemn presence 1 have few words te 0 The re we have chosen’ a President, and the question now is, shall be be inavg- yy Alter eoansolling patient investigation al to constitutional powers, he jut If all fair menus fail, then questions will arise which are too solemn to be discussed in a meoting like tus, I hope that time will never come, and [no not believe the returning boards will dare count out our legally elected President, but if this sad thing should come, when force and fraud shall make even law illegal, then we shail have a duty to do, I have been in the army myself, and say that. while I hope need oo such severe resort, still Ido say that if it should ever be necessary to resist 3 “tyrants who seek to deprive us of our rights I feel sure none will be found wanting in courage to resist. If ever the timo comes when our constitutional liber. ties shall be trampled on we will have duty to do. have shed my blood to cement this Union, and do you suppose I care loss tor constitutional gee than for the Union? The great peoply know and admit has been elected, and yet, within the past weeks, something bas been done for the first time in our bistory—~a President steps in and uses his powot If this is allowed there is an to perpetuate wrong. end of the Repuviie."’ He closed by he wat Satisfied that within the next two weeks people woold all admit Tilden's election and that they would see to his inauguration and that all would be Generals Wiley and Warror made a few de manding tair play. Senator Thorman was im Lut did not attend the meeting. — CONNECTICUT. ra THR OFFICIAL VOTE OF THE NUTMEG THE QUESTION OF GOVERNOR ELIGIBILITY AS AN ELECTOR (Bx TELEGRAPH TO THRE Harrrorp, Conn, The State Board of Canvassers to-day