The New York Herald Newspaper, November 26, 1876, Page 5

THE SLOW COUNT South Carolina’s Sharp Canvassing Board in Court. Having Disobeyed No Order They Expect Speedy Releaso, PROBABLE FEDERAL ACTION. Refasal of the Supreme Court to Grant Cer- lifieates to Chosen Legislators. FLORIDA’S BOARD TO MEET TO-MORROW Improper Meddling with the Parish Re- turns in Louisiana, SOUTH CAROLINA. THE RETURNING BOARD IN JAIL-—THE MEM- BERS CLAIM THEY HAVE DISOBEYED No COURT ORDER AND EXPECT SPEEDY RE- LEASE—THE COURT REFUSES TO ISSUE CED- TIFICATES TO OFFICERS ELECTED—PROBABLE ACTION OF THE FEDERAL CouRT. [BY TELEGRAPH TO THE HERALD.] CoLumBus, Nov. 25, 1876, The Court met at nine o’clock this morning, ana the Irst business taken up was the order adjudging the Board of State Canvassers to be in contempt tor their Bonduct which the counsel for petitioners haa been Srdered toprepare and submit this morning. As soon ‘as the court was opened in the usual formal and digni- fed manner, which is tho custom here, the Chiet Justice called on the counsel for the paper they had been instructed to prepare. The form had been pre. pared and printed leaving blanks for the names of parties and amount of tine and term of imprison- ment After consultation, the Court filled these blanks, and then the following order Was entered in each case, It was served by the Bheriif without delay, and the arrangement was made ‘that tho parties should be allowed until five P. M, to arrange the aftairs, and at that hour they were to be locked. up in the common jail, Inthe mean time public expectation was on tip toe for the habeas corpus trom Judge Bond, who, it is confidently and gonerally Delieved here, will at once release them; though it is equally understood that he has no authority in the matter whatever, and any such action ef his will be dut-Dureliing Dureil. hs ~ THE commTMENT, Here is the order of commitment tor contempt, State of South Carolina:—In the Supreme Court—The Btate of South Carolina ex rel. R. M. Sims, John- son Haygood, 8. T. Lappart, James Connor, H. 8. Thompson, and E. W, Merse, vs, H, £. Hayne, Secro- tary of State, Chairman; and F, L. Cardozo, State ‘Treasurer; T. C. Dunn, Comptroller General; Wiliam Btone, Attorney General; and HW. Purvi Adjutant and Inspector General, members of the Boar ots nvassers; and H. E. Hayne, as Secretary c? Brace rule ve, H. E Hayne, Secrotary of State, of the Board of State Cauvassers, for contemp.— The relators in the above cause having ilied their suggestion in this court on the —— day of November, 1876, praying, among other Buings, that the said respondents might be commanded dy this Court to periorm their duties as State Can- Vassers according to law, and the said respondei Daving answered thereto, and the cuties and powers of the Board of State Canvassers having been subimis- ted to this Court and argument heard thereon, and the Said respondent having adopted this resolution, “That this Board will not act upon apy proposition wnul the question of its ’@ and duties be de- tided by the Supreme Court,” which said resolution Was duly led as an exhibit inthis cause; and the said Board of State Canvassers having, in obedience jo un. order of this Court, made ther Bertified report to this Court, setting forth bbe persons who had received the highest uumber Of votes tor the offices for which they were respectively candidates at the genoral election Leld in this State on ‘the 7th tust.; and tnis Court having on the 22d day of November, 1 made its order that a writ of man- damus do issue, directed to the said respondents, com- Manding the said Board of State Canvassers forthwith 4o declare duly elected to the offices of Senators aod Meinbers of the House of Representatives the peraous who, by the certificate of the said Board of State Can- vassers w the said Court bad received the greatest number of votes therefor, aud forthwith to deliver a certified statement und declaration theroot to the Secre- tary of State, and commanding the Secretary of state to make the proper record thereof tb his office, and with- out delay transmit acopy thereof uader the seal of his office to each person thereby declared to be elected, and alike copy to the Governom and cause a copy thereot to be printed in one or more public ner Ot this State, and the said Board of State Canvuasers, having on the eaid 22a day of November, and wuile this Court was in session, mot and made 4 other fied statement of the persons who had re- ceived the greatest number of voles tor members of tho Senate and members or the House of Representatives, from the several counties, and declured the same duly elected, and de- liverea said certified statement and declaration to thi Beeretary of State; but the said Boara of State Ca ‘vassers refused to certify and declare as elected the persons who had received the greatest number of jor metnbers oi the Senate and members of the House from the counties of Eugefleld and Laurens and adjourned sine die; and this Court, in pursuance of its order dated the 224 day of Novem- Der, having issued its writ of mandamus, di- rected to the said respondents, commanding tho: to do and perform the matters and thing: reinbefore get forth in their said order, and to make known to Bald court forthwith bow they, the said respondents, shall have executed said writ, aud said writ having been duly served upon the said respondents, and the said respondents having failed to obey the mandate of bois court expressed in said writ, and having failed to make any returo to said wi showing their pertorm- Ance and execution of the mandate of the court or ood and suilicient cause why the same hat not m done, and thereupon 4 rule having issued from tis Court of the 24tn day of Novemoer direct- ing the said respondents to show cause why they should not be attached for contempt in not vbveying said mandate of the Court; and said rule beving been Ferved on the said respondents and the said respond- ents having appeared in Coart in answer iy suid rule, and having farled to make any reiaru thereto or to show any good and sufficient ieasou why they had not dbeyed and executed the iandate of this Court, itis pow adjudicated that the suid is in con- Jempt of this Court, and 1t 1s ordered that he bo fined 31,600, and that the Sheri! of Richland county ao take him in custody and commit him to the common Jail of said county until the turther order of this Court ARREST OF THK BOARD. AS soon as the above order was placed in the hands of the Sheriff, his deputies constructively arrested the members of the Board of Stato Canvassers, all ot whom were then at their respective offices in the Bi House, They asked time to arrange private matters and to straighten up the books and records at their offices before closing them, and were freely granted this indulgence until five o’clock this atter- nooo, when It was understood with the Sheriff that they were to report at the jail of the county. Io a short Mme the offices of the Secretary of State, Comptrolier General, Treasurer and Attorney General were closed and their functions suspended. The only executive offices now in operation are thoso of the Gevernor, Buporintendent of Education and Adjutant and In- spector General. GENERAL PURVIS IX TROUBLE, The incumbent of this latter otice is, under the Matute, also a member of the Board of State Can- vassers, but the tudividdal who officiated at Bho late session of the Board resigned his office immediately after its adjournment. It ia supposed he did this to save himself from the wrath of the courts, His successor was at once appointed by the Governor, and the ex-official thought he was then saiely out of the predicament the Board had gotten Into with the Court, Unfortunately for him, however, he Court did not regard the officers composing the Board, that is, that it had nothing to do with the Auju- tant and Inspector Genoral, Secretary of State, Attorney Goneral, Treasurer and Comptroller Goneral; but it did with the individuals who officiated at its session, and who so defiantly disobeyed ite mandidates In consequence ol this disrogard of offices, Genoral H- W. Purvis, ex-Adjutant aud Inspector General, was in- formed to-day, by a deputy sheriff, that he was a prisoner, but like the others ne was allowed time until five o'clock this evening. In the meantime it is stated that the members o! the Board who are officers of the Btate cannot exercise executive function while tn jail, and thereiore the wheels of the State government are, to a great oxtent, immovable for the time being. IN Salle About tho hour of five o’clock this afternoon the berly form of Treasurer F. L. Cardozo, colored, was NEW YORK into = bookseller’s, purchased some light literature, and then walked down Plain street to the jail. He nd Secretary of State H. C. Hayne, colored, already there, quietly smoking a pipe. Ex-Adjutant and In- spector General H. W. Purvis, colored, arrived soon after, and the ex-officio Board was compieted a littie later by the arrival of Comptroller General T. 0. Duon and Attorney General William Stone, the latter two white. The members of the Board were considerably “disgrantied’”’ by the change from their sumptuous | offices and comfortable homes to the dismal confines of a small room, devgid of apy furniture, and which was lighted by barred and grated windows and closed by bolted doors. Sheriff Dent did all he could for the distinguished prisoners, in the way of providing them with « table and chairs, but they had to send to their homes for mattresses, blankets and a few other com- torts and luxuries, to render their situations as agreea- ble as possible under tne circumstance: THEY MEAN TO GkT OUT. The Heap correspondent interviewed nearly all of them at the jail, The most that could be gotten out of them was that they were there, and were endeavor- ing to make themselves comfortable, They seemed to be agreed that there was no hope of getting out to- night; but they were equally sure that out they woula get and that very soon. As tothe mode of exit they were as ignorant as the average convict in the Peni- tentiary. Comptroller General Dunn remarked that their coun- sel, United States District Attorney Corbin, would take steps for their release, but ho was not aware of the nature of the proposed proceedings in this direction. Secretary of State Hayne said—‘'l guess our friends outside will get us out somehow. I have no fears of that.” He claimed that the Board HAS NOT DISOBRYED any order of the Court; that they complied with the only order received by them, which was to *‘make a return of tne number of votes received by all the candidates at an election held on the 7th inst.,”” and when the next order was served to ‘‘issue certificates to the members of the Legislature ascertained to have received the highest number of votes,” the Board had been functus officio eleven hours, They maintained ‘that the law was on their side, and that they were de- termined not to recede trom their position; or as one of them said, We won’t purge worth’a cent.’? Hayne said he “would not be surprised it the Su- preme Court would reiease them itself on Monday, as by that time the court would be ashamed of its action and abandon its position.”” Thig was rather a stretch of imagination in which Mr. Hayno hardly indulgea any strong hope. THE KLECTORAL RETURNS. After disposing of the matter of contempt the Court this agernoon took up that of the Presidential elec- tors, Yesterday the counsel for petitioner laidarule on the Board of State Canvassers to show cause why they should not count the vote for electors, correct- ing the county returns by the precinct returns, re- porting whatever differences the Board found to exist botween these papers. THE REAL CONTEST. . The republicans find that by merely adding up the returns made by tho county canvassers. all the Hayes electors are shown as bemg elected. The democrats claim that the precinct returns, also by law inthe hands of the State Board, show many er- rors, miscounts and illegal counts; that the county re- turns count the precinct of Sheldoa in Beaufort county, which does not exist, but which shows 450 republican majority, and that they also count votes which are shown by the precinct returns to have been cast for “Hayes and Wheeler,’ as if they had been cast for each one of the repubhean electors, when, m fact and in law they were not ‘so cast at all, The differences against the democrats mado by this count aggregate from 1,300 to 1,500 voter and if corrected will elect several Tilden’ men, possi- biy allofthem. Therefore the republicans want tho count to stand, foron it they win. The democrats insist on having it rectified, for by a recount they win and Tilden is elected. This issue is clear and it is fought desperately. The Board replied to the move of the petitioners, that they had acted as the statute rsqu:;od them to act, that the time provided by law for their session had expired and they could do nothirg further. When it is recollected that the Board is now cooling its heels in the common jail for taking this position the refreshing bouhomme of the answer will be appreciated. In substance it is, “We construe the law for ourselves, you shall not do it.” “We have done as we please and you shall not direct or order us.” THE ARGUMENT. To these propositions counsel addressed themselves for many hours with a volume and abundance of learn- ing sufficient to establish anything, or confound any court, and at iast the argument was ended and the Court took the case for advisement. Its decision will be rendered Monday morning A VITAL OMISSION. It was then near eight o’clock and the Court was abont to rise, when Mr. Conner called the attention of the Court to the fact that no certificates had been issued by the Secretary of State to members of the Legisiature, as required by the order of the Court, for disobeying whicb the Board were all now in jail, He thon offered the form of an order, which he asked the Court to pass, direct- ing the Clerk to furnish to each person shown to have received the highest number of votes a copy of this order, It wasa certificate that it appeared by the re- port of the Board of State Canvassers that the party named had received highest number of votes; that the Board had been ordered to certify that fact; that it had refused and had beea committed to jail for refus- ing, and that the Court, doing itself what it ordered thom todo, now did certify that such party was duly elected, having received the highest number of votes. The counsel having been foiled by the Board, who had gone to jail rather than issue these certificates of election, were now trying to get the Court to give them certifi- catea, This is vital, for on it in some form will depend the organization of the Legislature. The Board have given cortificates to sixty republicans and fifty-six democrats, and refused them to eight democrats, by this sharp trick hoping to securo tho organization of the Legislature and count democrats on the State ticket out and fF IN CHAMBERLAIN as Governor elect by throwing out Hampton’s strong democratic counties, Tho Court said they could not understand the object ofcounsel. Everything asked was already a part of the record in this case, Tho Clerk would iurmish any one with extracts from or a copy of the record, which would be substantially the samo as the order and cer- tificate asked for, Mr. Conner said that they appreciated that, but it certainly would do no harm to give them the order, and it might be more officient than a mere extract. Judge WitLanp—I cannot understand why counsol thus press this Court. We have in our hands for do- cision this most weighty cause, that requires all our consideration, and here we are asked for an order which is without precedent, absolutely witn- out precedent, and which have no time now properly to investigate This Court will nol, as far as (1 am = concerned, go one stop further than just and legal and known merits. If we undertake to give certificates that people are elected wo shail be doing what we are not authorized to do, and become merely a political machine. This we will nevor do, We will get the bottom facts of this caso, and we will decide what wo have the right to de- cide, but we will go no further, THE COURT XOT TO BE MOVED, Mr. Youmans, Mr. Conner’s associate, then tried | another form of order, but the Court refused that, and Mr, Moise, another coadjutor, tried @ third; the Judi- cial mind was obdarate. ‘The Chiet Justice said:—"Gentlemen, you have got everything you ask in the record. Now, the order its there; the certificate is there. Whoever will respect our certificate in the form you ask it will respect a copy of our record in tho way it is made,” So the matter was left just where it was before, The Court has ordered the Secretary of St: to Issue cer- tificates to all membors shown by tne report of the Board to be elected. He has done this to all except the members from Laurens and Edgefield, and they will get certified coptes $1 the record trom the Clerk. UNORRTAINTY OF PUTCRE EVENTS, It is impossible to ascertain to-n| of the Board of Canvassers’ counsel will be toward effecting their release, Grave apprehensions exist that Judgo Bond will take the matter into his own hanas and set the Board free by write of habeas corpus, More sensible people say that Bond will attempt nothing of the sort, and as far as ho would consent to disclose his views, this impres- » geen moving down Richardson street, He stenved | sion seems to be correct, It may be that | the action of the Court to-day will have tho effect of causing the counsel of the Board to adopt a conserva- tive course and purge themselves of contempt. Thi is regarded by some republicans as the wisest course, and would give the Board at least an opportunity of comparing the glectoral returns of the precinct and county canvassers themscives. The action to be taken on Monday in the Supreme Court and probably in the United States Court is looked forward to with the most intense anxiety. AN INTERVIZW WITH AN ELECTOR— MR. TIMO- THY HURLEY, ONE OF TH PRESIDENTIAL ELECTORS, DEFINES HIS POSITION—HE DE- CLABES HI8 INTENTIONS, (BY TELEGRAPH TO THE HERALD. J CuaRixstox, Nov. 25, 1876. The Henan reporter to-night interviewed Timothy Hurley, one of the republican electors, upon the subject of his refusal to serve in the Electoral College, ‘The following conversation took place :— Revoxter—I understand that you have declared that, in the event of avy trickery on the part of the Board of State Canvassers, you would cast your vote for Tilden and Henuricks ? Mr. Hugixy—No; | did not say that, What 1 do say is, that if I thought the certificate which entitles ine to a vote in the Electoral College was not issued to me fairly, or was not mine by virtue of having re- ceived the highest numbor of votes at the late eleo- tion, or was issued to me by an unauthorized Board of Commissioners, or by trickery or fraud, I should decline to serve. Reronter—You do not mean to say, tben, that in case you think you have not received your cortificate fairly you will vote tor Tilden? Mr. Huxtey—No. | only say that in that evont 1 will not act. lam an intimate triend of Governor Qhamberlain; but I’ve got to live in this State, and what is more, I am probably the only man on the elec- torai ticket who has anything at stake here, I intend to do what I conscientiously think is right, and I cannot afford to accept a certiticate of election granted through fraud or chicancry, 1 am willing to carry out the wishes of my constituents, but I must first be hon- estly satisfied that their wishes havo been fairly ex- pressed. You will remember that two years ago, when 1 was running for the Legislature « tremendous pres- sure was brought to bear upon me to protest the elec- tion. I knew I was tairly beaten and refused to do so. RerorteR—Suppose you should decline to act as an elector what would bo the result? Mr. Hurtey—That I can’t say, I am taking the best advice I can get, and have not yet been able to find any provision in the statutes to provide for the filling of a vacancy 1n the electoral vote. I don’t sce how a vacancy can be filled uniess the incoming Logislature makes provision for it, THE FILLING OF A VACANCY. ‘This closed tho interview. Mr. Hurley was evi- dently mistaken about the filling of a possible vucancy in the electoral vote of the State, The section of the Revised Statutes of the State bearing upon the subject reads as foilo' The electors of President’ and Vice President shall’ convene at the capital un the day preceding tho first Wodn in December after their election, and of them who shall be so assembled shall imme- ly proceed to fi by ballot and ty plurality of votes all vacancies in the Electoral College occa- sioned by the death, refusal to serve, or neglect to at- tend of any elector, or occasioned by an equal number of votes having been given for two or more candidates. OPINION IX WASHINGTON IN REFERENCE TO THE ACTION OF THE SUPREME COURT—THE LAWYERS OF THE CABINET SAY THAT THE BOARD OF CANVASSERS IS COMPOSED OF YEDERAL OFFI- CEES—A WRIT OF HABEAS CORPUS TO BE APPLIED FOR NEXT MONDAY, (BY TELEGRAPH TO THE HERALD. ] _ Wasinxatox, Nov. 25, 1876, The administration bas not yet decided what steps, if any, shall be taken in regard to the arrest, fine and imprisonment ot the Board of Canvassers in South Carolina under the order of the Supreme Court of that State for eontempt. The Attorney General, upon being asked about {t, and what would bo tho course of the Law Department of the government, replied that he did not know and could not yet He doubted somewhat the reliability of the report as it came by ‘associated Press, and was surprised at the imposition of the fine. He seemed to understand that the case was in settlement there by the parties in interest on the spot, OPINION OF THE CABINET LAWYERS. It may be added that the opinion expressed vy the several lawyers tn the Cabinet yesterday, at is eession, is still entertained, viz.:—That the Supreme Court of South Carolina bas no jurisdiction in the premises, and has no right to direct the imprisonment of the Canvassers for contempt. Members of the Cabinet and other leading republican politicians say to-day, that the Court has exceeded its authority, and its judges may possibly find themselves in trouble should they not abide by the settlement supposed to be under way, ‘The remedy proposed, however, for the difficulty by which the canvassers find themselves surrounded will, it is understood, be provided by an application tor a writ of babeas corpus, which will be made before the United States Circuit Judge of the Fourth Judicial Cir- cuit, on Monday next. Judge Hugh L. Bond will opon his court then, and it is expeeted will entertain the motion and grant the writ, setting an early day for ar- gument upon it; which, it. is said will result in tho sentences being set aside. Couns will probably be provided by the government to assist United States Distrist Attorney Corbin in this argu- ment, both as relaves to tho case of the Canvassers and hisown., Some difficulty is experienced in gotting lawyers to go down to South Carolina to argue these cases on the part of the Government. ‘THE BOARD UP CANVASSERS FEDERAL OFFICIALS, One of the legal positions to be taken by the gov- ernment will be that the Board of Canvassers are in their discharge of duty quasi federaf officials, so tur as relates to their functions in passing upon the vot for federal oflicers in which category the Presidential electors will be considered as being. VIRWS OF THK ATTORNEY GENERAL The Attorney General inclines to the belief that the Supreme Court of the State of South Curolina has no authority to order the arrest of the canvassers, though he exhibits judicial delicacy in passing apon the ques- tion whicn he finds to be submitted to anotner authority for sottiement, and desires to be regarded as not interfering with legal matters in controversy before purely Stato tribunals. LOUISIANA. CONTINUATION OF THE COUNT—A CHARGE THAT RETURNS ANE TAMPERED WITH AND FICTI- TIOUS PROTESTS FILED THEREWITH—IS THE BOARD CREATING DELAY TO DEFEAT JUSTICE? (ey TELEGRAPH 10 THE HERALD.) New OnLeaNs, Nov. 25, 1876, The Bourd opened the returns of seven more ishes to-day, All contained affidavits of intimid: and ull were jaid over tor further consideration. When the sealed returns of be Soto were opened, post marked, by registered letter mail, November 14, and received November 18, an affidavit was found there dated New Orienns, November 25; which proved conclusively to ull, aszombied that the package had been tampered with sa»sequent to its receipt in thiscity, This discovery created quite a consterna- tion, Governor Wells muttered an unintelligible ex- cuse, Anderson immediately busied himself in the pe- rusal of avery long document, while the others sat dumfounded, Mr, Stoughton at last came to the rescue of the Board by suggesting @ clerical error, but an incredu- Jous smile responded on the countenances of all pres- evt, This circumstance 1s regarded by the democratic committee as conclu: Proof of tho now generally accepted idea that the seasions of the Board are being prolonged merely to gain soflictent time to aoctor the retarns to moet required exigencics, FICTITIOUS PROTESTS, It is charged by tho democrats that the returns of ten or twelve parishes have been opened by the Board and found to contain protests and affidavits, for which they have the certificates of the clerks of the courts to the effect that no protests nor affidavits wore filed or placod in the packages when they were mailed. The Protests tound in the sealed envelopes mast have been Placed therein subseq' to their arrival bere by sur- Feptitiousiy opening the packages, Senator Trumbull and Governor Bigler speak of the De Soto affair as an excellent illustration of the ‘fair. ness” intended, and unite in pronowacing tho election law, under which such practices aro possible, as one of the greatest enormities ever perpetrated, RPYECT ON THE PROPLE. © public it has made quite a ripple of exoitemen' on, still everything is peaceable and even good humored, Even the popular conviction that the Bourd intend to count out the democratic candidates at ail hazards does not, 0 far, appear to incite any noticeabie ro sentment, When, however, the act is finally consam- | mated, if ever, there will probably be a different story * to tell. REPUBLICAN CONFIDENCE. The republican committee seems to be quiet and | Periectly confident as to the result. They converse but little, and then guardedly, upon the issue with per. Sons of other political convietions, and seem to be most interested in the outrage affidavits, Your corre: Spondent calied on several to-night with the object of ascertaining their views upon the :mmediate points at jue, with the following result: — 4. C. WILSOR, Chairman of the Republican State Central Committee, of Kausas, said that he had been present during the Bessions Of the Board and had watened them very at- tentively. He had as yet seen nothing but what was strictly legal under the State Jaw, whether sach a law was exactly the proper ono, but us it stands it must be followed. HON, SIDNKY CLARK, of Kansas, formerly member of Congress, was om- phatic in bis opinion that the Board tollowed the rules of law in its action, The matter of exchuding the pub- lic from the chamber was one rendered necessary by the gituation of affairs, but the two committees pres- ent, with their stenographers, wero ample as wit- messes. Mr. Clark did think, bowever, that tne mem- bers of the Board might sit longer and have two ses sions a day, as the work required expedition. He stated that alter the clerical work is finished there will doubt less be a scoret session at which even the visiting com- miittees would be excluded, the Board requirimg such time for conference and arriving at a decision, Thls will be given when they are aione, and Mr. Clark thought it probable that after the secret session the Tesult would be made known, as the judgment of a court is, alter a conference of the judges. GENRRAL H, WinTR, said that the Board had, so far, acted with xreat tair- ness. Its rulings were all of thom founded on the Election law, and in canvassing the vote the mem- bers took pains to show the opening of the returns. He was of the opinion that the Board might do more work during the day, and he expressed himselt as ex- ceedingly anxious that theend should come. He was satisfied the Board would have a secret session before they adjourned, at which no one but the members would bo present, At this session tho fina: deter- mination and judgment would be derived at. A SNAP JUDGMENT LOOKED FoR. It will be observed that these admissions are in ex- act accordance with thd policy of the Board, as already telegraphed tothe Heratp, The announcement will, doubtless, be heid back until tho day appointed tor the Meeting of the ciectors, when the decision will be de- clared for Hayos, the electors commissioned and their votes cast withip the limit of ap hour, JUDGE KELLEY, of Pennsylvania, said, upou buing interrogated, that he had been present at a number of meetings of the Returning Bourd; but inasmuch as he considered his visit here as being somewhat judicial in its character, ho would not express himself, nor would he give ao opinion concerning their rujings. Ho did not think it proper that any opinion should be exprossed by the committe until after the fival action of the Board had been taken. Whatever interlocutory orders they may have mado no safe Judgment could be passed upon their action until after they had themselves arrived at a final result, SENATOR JOUN SHERMAN, when spoken to about the rulings of the Board, was very conservative. He declined to give any deOuite opinion as to them until after some final action had been taken rogarding the discovery of the affidavits in the returns of De Soto parish, dated somo seven days subsequent to the date of their receipt in this city, He said that there conld be no question but what the returns had «been ,tampered with and opened here. Tho evidence was conclusive that tho Super- visor or some one else had opened them and placed in the package the affidavits, but he doubted if it was done with criminal intent, JUDGE sTovGHTON ot New York, said that ha thought tho Returning Board had followed the law. in tho De Soto matter ho thought that the Supervisor had foolishly opened his returns after his arrival in this city and inserted the affidavits, This act, he thought, was one of supreme folly, for it could not aler the returns an iota, Ho did not think the discovery of these aflidavite, dated some days subsequent to the date of the receipt here, amounted to any- thing. The Supervisor, he said, woula be sent for to testify before the Board, General Van Allen openly expresses hig determina- tion to refuse signing any repurt, fm case the five electors left of the republican ticket are counted ip, PROCEEDINGS OF THE RETURNING BOARD. New Orntuans, Nov. 25, 1876, The Returning Board met at half-past eleven A. M. Present:—For the republicans, Messrs. Stoughton, Van Alen, Wilson, Keiloy and Parker; for the demo- crats, Messra Palmer, Trumbull, G. B. Smith, Bigler and Julian, Tho minutes baving been read, Judge Spofford sug- gested that the order for the production of the Kast Baton Rouge ballot boxes was not in the minutes, Governor Wells said that the entry would be made In the minutes to be adopted on Monday. He also said that he must dispense with the reading of any pro- tests or motions before the Board; that all ovidence must bo in before the close of the coming week or the Board would not be able to got through with its delib- erations. iN Colonel Zacbario inquired whether the Board had determined to fill the vacancy, as it was more neces. reprebontative on the Bourd toward jverations than at eny other tite. Governor Wells stated the Board bad never taken any action on the matter, Colonel Zacbarie asked if tho Board bad passed upon any of the applications, Governor Wells said there only bad been one pre. sented—that Feliitive to Dr, Kenney. Governor Wells intimated that the do:nocrats bad lost any claim to representation on the Bourd by Mr. Arroyo's resigna- tion, He said the Board would try to iill the vacancy if they could agreo on any one. Colonel Zacharie stated that the Board on Friday had instructed an olficer to go after the returns of Morehouse parish, now tn the city, but the oilicer had declined todo so on the ground of beg so ordered by the Bourd, Governor Wells repiied that the Board did not con- sider they had auy right to take the papers during tho absence of the Supervisors. Colonel Zacharie suid he could produce an affidavit to the effect that the returns from Franklin parish—a democratic parist—had been several days in the office | of the Southeru Express Company. They were 41. | rected to Stato Register Habn, but he had declined to take them out on the ground he would not pay theex- press charges. Colonel Zacharie azked If the Bourd would take steps to procure them. Governor Wella said the Board had no funds to pay the charges, the Legislature baving failed to make an appropriation, ‘The members of the Board were un- willing to risk their own means when their warranis were thirty cents on the dollar. Colonel Zachario said th would deiray the expenses, irked that the charges only amounted to seventy cents, Colonel Zacharie, hafiag offered to turoish the clork with means to pay the expense, the Board cousented lemocratic committee had come to any € use Of certified copies of du- roturus deposited with clerks of the courts in Gov Colonel Zacharie suggei bat this question came up in the Baton Rouge case when under consideration, thought the same action should be taken. Governor id that point would be taken under ement, and suggt ballot boxes of ld be sent for or. Monday, ed that unless the necessary telegram was sent to-day the Supervisor with the boxes would be unable to arrive in time, #s he would have to ieave On the Sunday morning boat in order to Mr. McGinn asked if the democratic committee would be accorded the privilege of cross-interrogation to the testimony of Clover, Supervisor ot East Baton Rouge, and the three corroborative aMdavits, and in- quired it the Bourd would order corroborative wit- nesses to be present on Monday. Governor Weis replied he could not communicate with them. Mr. MeGlatn stated that the witnesses were probably in the city, Governor Wells stated tbat the privilege of cross-in- tion would be allowed, but the proceedings of joard would not be obstructed under any consid. eration. He suid, turther, that notice would be taken of the aifldavits presented by both sides, but adhered w the ruling that affidavits shoald have been fled within ten days of the making up of the returns. Mr. Ganthreaux asked {{ protests would be enter. tained after the returns bad 2 Kent to the clerk for compilation? Governor Wells answered in the negative and said that in the case of Natobitoches the supolememtal re. tei He would not say member of Congress trom Pennsylvania, just clected, | HERALD, SUNDAY, NOVEMBER 26, 1876—QUADRUPLE SHEET. ! } haa come in with the returns, but had beem over- f looked, Cousiderable diseu ensued on the question of how ioug & time would be ziven for filing atth came up, it being urged by Colonel great pile of affidavits, &c., bad been | t Baton Rouge case ou Saturday morn- desired to know tf there was » this tuag of affidavits, otherwise the democratic minittee would be unable to yell when the testimony for the otuer side Was all In, Governor Wells made no detinite answer, only that time would be given to yet up lestimony and cross iB terrogations, * General Anderson, read MeEuery requesting a correction o! the statement that he had voted for the Wilde-Jauney claitn, said that he had dove the gentleman an injustice, aud read from the Sentinel Journal of 1867 @ statement that Goveruor McEuery bad voted against the claim, RESUMING THE COUNT. The Board then went into executive session and took up the pariah of West Feliciana. In executive session the Returning Board called for the returns, and announced the following vote from consolidated statements :— Parishes, a letter trom Governor Tilden, Dem. | Hayes, Rep. S98 305 FLORIDA. THY STATE RETURNING BOARD WILL BEGIN THE CANVASS TO-MORROW-—-NO DECISION BY THE COURT—BOTH PARTIES CONFIDENT, | (BY TELEGRAPH TO THE HERALD. ] TALLawasse, Nov, 25, 1876, Pending the decision of Judge White on the ques- tion of the injunction against the Governor and the mandamus against the Returning Board, the Board itself virtually settled all questions in dispute by announcing through the Secretary of State that it would begin the canvass of the vote un Monday, at twelve o'clock. This unex- pected action on the part of the Boara is variously in- terpreted, The democrats consirue it to be a square back down from the position they beld deflantly three days ago, thedirect and energetic proceedings before the Court having produced this effect. The republi- cans contend, on the other hand, that the Board has been simply awaiting’the returns, and that the last of Vhem having arrived last night the canvass will open at once, as the law provides, DEMOCRATIC GAINS, There is no doubt that the democrats have gained very important advantages during tne week. There “can be nu question but that Governor Stearns was very seriously considering the policy of canvassing the elec- loral votes himself, even if ho bad not positively made up his mind to doo, His most trasted advisers and friends wero publicly advocating that course, und defendii.g him in it as if it were already determined on, ‘This usurpation has been checked; whether by return- | ing wisdom on Governor Stearns’ part, or by reason of the Judgo’s injunction, need not be discussed. Another important victory tor the democrats ia that they have secured the opening of the canvass at such atime us will give them a full opportunity to lay their testimony before the Board and give it proper discussion. = ‘Tho Board —_ will commence work on the 27th. This wil! give them cight working days before tho enforced close of the electoral canvass on the night of December 6. They will certainly be able to make their case completo in thut time, HOW THE COUNT WILL BR MADK, Tuo Board will proceed’ under pretty much the same technical rules as now govern the Louisiana Bourd. A committeo of five from euch of the par- ties represented hero’ will bo admitted to its conferences. Bosides these, tho chuirmen of the State Committees will be present. This company, with the board ftsolf, its secretarics, and so forth, will fill the room in which the vot © to be canvassed, A stenographer will be present and will take down ai! testimony, arguments, protests, &c. The republicans appear to be quite confident that the State will be given to Hayes. Indeed the matter of fact manner with which they indicate this as the result, and the impatierce with which they tolerate any dif- ference of opinion, almost justifies the suspicion that their confidence is based on something more certain than the vote itself, which 1s as yet necessarily a mat: ter of doubt, with tho chances largely favoring the democrats, The democrats aro divided into two classos, Thero are those, a pretty stiff element, too, who believe that their case is so strong that the Board will be com- pelled to give them a verdict, or simply invite eternal infaty upon themselves and thelr party. There are others who believe that an imperative order has gone through the republican camp that the three dcubtiul States SHALL KE COUNTED VOR MAYES at any hazard and that the Returning Board will du- plicate the revolutionary work of the Board in South Carolina, This latter class is not at all despondent. On the contrary, they arc hopeful and energetic and contend that they will make the decision in favor of Hayes so flagrant and apparent a crimo that it will not be tolerated by even the repatable members of the republican party. ‘The leaders of both sides are yory busily engaged in getting their testimony in shape for Monday. Tho sessions of the Board will be lengthy, and the work will be hurried forward. EFFECT OF A HERALD, EDITORIAL, Tho Hexatp editorial ot the 24th inst., on the action of the South Carolina Returniog Board, was tel- | egraphed in full to this point and 1s scattered through- out the city in extras this evening. It has had o wonderful effect on popular feeling here, und the dom- ocrats say that it will be invaluable in securing them a fair hearing. The judges of the Supreme Court and Judge White left for their homes this evening. 1t is understood the Judge will not decide thaquestions before him, as the republicans have confessed to judgment in both cases. There is considerable activity at military headquar- tors to-day, and wire communication with Columbia is quite brisk. ‘ Mr. Bracy, Assistant Postmaster General and a con- fidential friend of Senator Morton, is here, moving about incog., having registered his name at the hotel without giving any place of residence, OREGON. POSTMASTER WATTS REFUSED A CERTIFICATE AS PRESIDENTIAL ELECTOR. [BY TELEGRAPH TO THE HERALD.1 Saw Francisco, Nov. 25, 1876. Governor Grover, of Oregon, reluses to issue his cer- tifeate of election as Presidential Elector to Mr, Watts, the republican candidate, on the ground that he was disqualified to hold tho office by being a postmaster. He will give tho certificate to the democratic elector, Coghlan, United States District Attorney Latemer, of this State, has gone to Oregon to direct the republican op- position to the action of the Governor, -THE STATE CANVASS. Abasr, Nov, 25, 1876. ‘The canvass of tho vote for Presideatial electors was concluded and jormal certificates of ciection wore sent to the Tilden electors, The total vote in tho State is 1,022,047, of which 6,174 wero cast for greeuback and perance tickets and scat i ¢ democratic total is 622,518, amd republican, 489,629; « democratic majority of 32,989, EX-SECRETARY BRISTOW. HIS DENIAL OF THE PUBLICATION OF ANY VIN- DICATION OF HIMSELY-——HIS OFFICIAL CON= DUCT DID NOT REQUIRE IT. Louisvitex, Nov 6, 1876. Ex-Secretary Bristow, in an interview to-day with a Feporter of the Courier Journal, who asked if the article in a New York paper of Thursday last about the whiskey prosccutions was the vindication of himself which some o! the Eastern papers said would appoar as s00n as the election was ov ‘id that ali the state. ments about his pablishi: y vindication of bim- seit wero unauthorized. re had not telt that his official conduct required any vindication, and he had not thought of either making or baving ond made, He had ao desire to thrust nel mat~ betore the public, but it bad ho should not se- lect the present time, when the people are concerned about matters of more serious moment, refereice to tho articie referred. to he said he had beard nothing ‘of it until he read 14 to-day. The article, he says, con- tains matters be had uot heard of before. SAVED FROM DROWNING. Charles Hollz, a dock hand on board the steamship Othello, lying at plor No. 63 North River, fell over. board wh! vessel was getting under way, but was saved {rot wing by Oficer Beekman, of the Bteamboat squad, TILDEN AND HENDRICKS. Mp shane to the Fast. pS SER eas hs Result of the Conference Between the Two Governors in This City—The Probable Democratic Action in the Presidential Contest. eo ae Governor Hendricks completed his mission to New York yesterday afternoon and left at five o'clock for Indianapolis, A large number of prominent demo- cratic politicians called upon him at the Fifth Avenue Hotel, but the Governor was out during the greater portion of the day and saw but few, Governor Tilder called about noon, but failed !o find him. The politteal gossips have been busy with Governor Hendricks’ name and the purport of his conferences with Governor Tilden, Mr. Hewitt and the democratic leaders generally, From asource than which there can possibly be no higher or better the Hxwanp is ene abled 10 state the object as well a’ the result of these conterences. It has been manifest for some time to the democratic managers that complete con- cert must be established between the chiefs of the party in the different parts of the country. The party dust be brougnt into one solid line of action for th ab contest for the Presidency, now soon to begin ip Cone gress, This was necessary so as to make both the ore ganization and action of the party effective, and to pre Serve it from biunders which might very probably arise trom the WANT OF PERFECT HARMONY as tothe policy to be pursucd. From this point of View ithas appeared necessary for somo days past that the two heads of the national demo. cratic ticket—the one representing the democracy of the East and the other that of the West—snould meet in vonfidential council, exchange notes onthe Situation aud agree upon a definite policy, This step had become all the more urgent from the serious and, in some respects, oven alarming discrepancies which had manifested themselves between the attitude of th¢ Western and tho Yastern democracy. While the deme ocratic spirit here, under the wise and calm counsel of Governor Tilden, bas been eminently pacific and come pletely submissive to the requirements of the consti tution and the necessities of peace, there have been some mauilestatibns out West in striking contrast with this peaceful bearing. Such papers as the St. Lows Times, which said, “We shall have Tilden or a fight,” and other Western journals, gave the first hints of such a state of public feeling in the West, and not long ago theso slight but unmistakable hints were augmented by’ personal advices of a still more foolish aud demonstrative character. . So one rather prominent IIlicois democrat wrote to a friend in this city that the feeling among the democratic masses in 1linois, Missouri and Indiana (throe States through which he had just been traveling) was such, that if Governor Tilden was cheated out of the Preaidency A QUARTER OF A MILLION MEN would be ready trom these three States alone to march upon Wasbington, Now, Governor Tildew and his trusted advisers here, Mr. Bigelow, Mr. Hewitt, and others, have looked all along with pronounced disfavor upon such absurd threats and ridiculous ex- pressions likely to encourage public disturb- ances, Ono of tho objects ot the con- ference was to devise means to allay tho excited feoling in the West, and for such a mission no democrat was so available as Governor Hendricks, who is personally beloved and \inplietly trustea by the masses of the Western democrats. 1n this respect t! copfereuce has been perfectly satisfactory and Gove nor Hendricks goes back thoroughly Imbued with the knowledge of the peacetul and patient spirtt prevail- ing here andthe necessity of an equally pacific aud long-suffering co-operation on the part of the Wost- orn democracy. THEIR MEANS OF REDRESS, Both Governors, alter a carelul review of the whole fold and a pertectly candid exchange of their views tearing on every possible phase of the contest have reached the conclusion not only that they are elected by a majority of the cloctoral as wellas the popular vete, but also that they will bo quietly and peace- fully’ inaugurated, A gentleman who occupics avery high position in the party aud had been much with Governor Hendricks, yesterday said:—“Governor Hendricks is in excellent spirits ana perfectly cou. fident of being inaugurated on the oth of next March. He does not doubt that the threo disputed States will be counted for Hayes, but he thinks that this fraud cannot stand when Congress meets.” Boil Govern- ors agreed that the Vice President has nothing to do with the counting of the vot t simply opens them, and that Congress alone counts the votes. The results of their lexzal jons during the conference were convincing to their minds that, according to the constitution aod the practice of Couagre: tue fraudulent doings of the three returning boar will and that thel haust every legal and peaceabl rights, but to sternly diecount violence. Governor Hendricks Tilden in the most hopeful spirit, and had he spoken in French his sentiments would havo been pressed by the words, ‘Au revoir @ Washington. ‘That Governor Hendricks will succeed in his endeavor to restrain bis more violent Western follow democrats is not doubted by prominent representatives of the party in this city, and, in general, happy results are oxpected to flow from this pleasant reunion. IMPORTANT SHIZURE OF LACES, Captain Charles N. Brackett, special agent of the Troasury Department, received information about ten days ago that the United States mails were being used asa medium to smuggle goods from Canada into this country. Acting upon Jnstructions received from ie pommabignee? with the Custom How: Postmaster of that place the goods wel establishment of George Cox, a manufacturer of Incea Paterson. Captain Brackett yesterday morning de- tuiled inspector Alexander to proceed to Patersen, and the movement resuited in the seizure of forty-x puckages of lace edging, of which twenty-six were found in the possession of Cox and the remainder in the Post Office at Newark, addressed in his nam ty goods were scized and placed in the custody of the Newark Custom House Collector, where they will re- main watit appraised, INTERESTING WILL CASE, Tho Coit will case in Brookiyn has ended advorsely to the contestants, Mrs. Coit’s sanity baving been established Surrogate Veeder has decided to admit the will to probate, At the time of Mrs, Colt’s death, in Jane, 1875, sho was possessed of $125,000 worth of property in her own right. For several yoars prior te her death she had not resided with ber husband, but with ber eldest daughter, Mra. Emily Gray, Wher the will was opened after her death it was found that she bud failed to leave her property to her husband, Mr. William A. Coit, but had leit it to ber childreo instead, Tho wiil Was contested by Mr. Coit om the ground that tho testatrix was insane and that her daughter, Mrs. Gray, had exerted undue tofiuence over her, The trial of the case was first begun before Surrogate William D. Veeder in August, 1875, and occupied fifteen months, Twenty-thr red pages of testimony were taken. The decision 1s as tollows:— 1u the matter of the jast will of Emily Coit.—Aiter acarcial review of the evidence in this case I am satisfied that Mrs, Coit, at the time of the execution of the paper now propounded, wis ia possession of her facuities; that she comprehended the extent and nature of the act she was periorming, that the will was of ber own creation, without :uterforence or undue influence, and was duly exceuted. ‘Therefuré, ordered, that the paper must be admitted to probate as her last will and testament. .. W. D. VEEDER, Mrs. Coit's by this vided equally daughters—with the of Mrs, allowance Is somewhat ‘Vhat of ers. Tn the contest six of sided with their father, f AN IMMOHAL TRACHER, —— Mr. Anthony F, Comatock, special agent of the Post Office for the punishment of dealers in ob- sevne lite had his attention called to a case which 0, The offender is known as “George H. Gattier, A. M.,’” who bad rooms at No, 1,212 Broadway, and who | to give les- foreign languages tO young gonttemen. Ndewuwe! a") 4 man of fine Luarete, a a mpose readily on wi pO. ol had, prior to the year 1810) been s rofessur of Freoch in the Unt of tho, City of Packard in- as inateuctor of French and opened « private evet class of bis own, and | w curd which carried cqaivocat eran gl . Investigation into the matter showed that ‘ne tana , tices of Gautier were immoral, pene Vas tneretore tasued for hie arveet by Ji a ieics hee Bee sean we teas to-di wae all of vo ¢