The New York Herald Newspaper, December 20, 1876, Page 3

‘SEARCHING FOR TRUTH. —+—__— Bvideace Before the Congressional Committees in the Disputed States. —-—_—_. POSITION OF THE FLORIDA BOARD. Review of the Canvass by Mr. Manton Marble. GENERAL ANDERSON’S ANSWER. Claims and Allegations of Both Parties as to Louisiana. SOUTH CAROLINA’S SENATOR. Election of General M. C. Sutler by the Democratic House. SOUTH CAROLINA. . SHB DEMOCRATIC GENERAL ASSEMBLY ELECT M CG BUTLER, OF EDGEFIELD, UNITED STATES SENATOR—A SKETCH OF THE SENATOR— PROCEEDINGS IN THE SUPREME COURT. [BY TELEGRAPH TU THE HERALD.) > Conuamata, Dec. 19, 1876. ‘The event of to-day was the election by the demo- rats of a United States Senator to succeed Senator Robertson, whose term expires on the dtn of March next. ‘The successful gentleman of a dozen candidates for the position was General M.C. Butler, of Eudgefleld county. This election of a Senator has the advantage and sanction of law, and is regarded by the lawyers as tho valid election. Tne election of the democrats in ‘this matter bas conformed strictiy to all the forms of jaw made and provided in the case of the election ot s United States Senator; a ballot has beeo taken every day since the tirst upon which the General Assembly were required to go into the election of a Seuator, The Wallace House has a legal membership of sixty-nine members, and these, with the twelve democratic Senators, constitute a quorum ef the Gen- eral Assembly on joint ballot. ‘bis morning there were soventy-ninc members present, and upon the first ballot M. C, Butler was chosen Senator by a voto of 66, whereupon bis election was made unanimous and declared. ‘ A United States District Attorney was elected by a Vote of 44 of sixty-six members, fourteen of these being Blegally seated, and the entire organization of the Bouse being also illegal and revolutionary, Tho latter bas been tully established vefore the committee of the House of Representatives now in session here, It ts anticipated that the Senate will certainly admit Butler af they admit any Senator from the State. SKETCH OF THE SENATOR EXxPgCTANT. B.C. Butler isa native Carolinian. His iather was an officer of the old army and a member of Congress, ‘was a son of General William Butler of revolutionary fame and a brother of the Hon. A, P. Butier, tor seve oral yeara United States Senator trom this State. His mother was a sister of Commodore Perry. General Butler went into the late war as a captain of Qavairy in the Hampton Legion, rose rapidly to the tank of Major General, having lost a leg at Brandy station, At the close of the war, like the really brave men on either side, he did all in his power to Testore peace to the country. He was a conser- vative member of the Legislature in 1866, and was nominated in 1870 for Lieutenant Governor by the reform party in this State. Tho platform of the party was to a great extent origi- mated by General Butler, and was almost identically ‘(he dame as that Of Governor Hampton’s party im tho late contest, Since until new, Genera! Butler bas been entirely ve, in sO much that bis connection with the “Hamburg horror,” so generally misrepresented, is well known here to have been purely accidontal, in fact, the result of a prolessional engagement as an attorncy, and his prominence thereon was simply owing to his beinga representative man endeavoring to keepthe peace. He was as well known to both sides during the war for his pradence and discretion asa genoral. General Butler is about forty vears of age. Ho ts an able lawyer, ready debater and finished ntleman, handsome and chivalric, and possessed of an unusual degree of sound judgment and practical foresight, MR, CORBIN’S ANSWER, In the Supreme Court to-day, Justices Willard and Wright on the bencn, United States District Attorney Gorbin, recently elected United States Senator by the republicans, filed his return tothe amended pro- ceedings against him as counsel tor the State Board of Canvaswers for contempt of court, It was ordered that the rulo and retarn be had on Friday next THE QUO WARRANTO, he case of the quo warranto by the Tilden clectors against the Hayes electors was taken upon a petition filed by the latter, claiming a transier of the cause to the Circuit Court of the United States. The applica- tion was made under the act of Congress of 84 March, 1875, providing for the removal of suits ofa civil nature at law or im equity where the matter in dispute exceeds, exclusive of of $500, and arises under the constitution and laws of the United States. It was sontended by Mr. Corbin for the petitioners that the quo warranto proceeding was within the above words of the act and removable tothe Circuit Court of the United States; that the elector was entiticd to the pay of a member of the Gen- eral Assombly, or to per diem and mileago under the State laws to mount over 9500, and that the case arose under the constitution and laws of the United States—viz, the provisions for the election of President and Vice President by electors. Mr. Barker, for Tilden electors, contended that the eet of Congress did not apply to a procecding im qeo warranto, which 1s nut, vested by the Btate constitution of 1868, in the Supreme Court, & suit of a civil nature at law or in cquity, bat the fnclent of quo warranto England under the statute of Anne, & criminal information preserved and used on the criminal side of tho courts in so ca uatil after 1868, and vested as such in the Supreme Court; that the sub- fect matter in dispute in the quo warranto was mot a sum of money or property capable of being valued, bat the title to an office or iranchise; that the pay or mileage was not the subject matter in dispute, and was only an unimportant incident al- tached to the exercise of the public function to cover the expenses of the electors; that the act was in all of its provisions inapplicable to a prorogative writ lesuing out of the Supreme Court of the Stato, and that the subject matter did not arise under she constitution and laws of tho United States. Those laws deterrod the powers and duties of the clectors which ‘Were not in dispute here, while the question in this case Was simply who werochosen. The State laws provided the manner of chousing electors, and the State courts must have undisputed control of all matters affecting the State appointment and dotermi- Bation of the persons chosen, Colonel Youm: followed Major Barker, bat the Court adjourned before he concluded. RXAMINXING THR BOARD OF CANVASSERS. The House committee bas been engaged during the day in the examination of Mr. Dunn, Comptrolier eral, and Mr, Hayne, Secretary of State, both mem- bers of the Board of Cunvassers, Nothing of import- ance was elicited, the examination going over the ground and the details which have already been pub- Vsbed tn the Heaton, Mr. Dunn maniiesied some uervousness under the rigid cross-examination to which be was subjected by Mr, Cochrane, of Pounny)- Fania, as to HUMeEroUs OUtrages and intimidation, Wit- nesses Jounged in the hal!s near the committee rooms, socompanied by just as many ready to swoar in rebut- uh A DEMOCRATIC OUTRAGE MILL. # Yhe two sub-commitices leave tor Charleston to. night to investigate republicam intimidation in that county. The democrats evidently contemplate the erection of an outrage mill in opposition to the oue Bow being operated here by the Senate committee, The latter committee are in secret sesvion, and the Senators and attach¢s refuse to disclose tue nature of the proceedings. VIRGINIA'S SYMPATHY FOR SOUTH CAROLINA, (BY TELEGRAPH TO THE HEBALD.] Bicumoxp, Va, Dec, 19, 1876. General Bradley T, Johnson, who, a few days since, offered in the Virginia Senate resolutions of sympathy for South Carolina, is a prominent ex-Confederate, and his views will excite a wide influence, because of his recognized ability and personal popularity; but, inde- pendent of that, he is known to be the int: friend of Wade Hampton, and in the manw@uvres for the pos- session of the State House at Columbia, rendered the democrats very considerable assistance. The opinions entertained by General Johnson are those of Hampton, without a doubt. From Johnson’s recent visit to Washington and his interview with public mea there, it is not doubted they, an the main, also represent the position of nearly all the Southern democrats. Several of the Virginia dele- gation in Congress were consulted by members of the Legislaturo when Jobnson first offered bis resolutions, but they gave no great encouragement to them, saying sabeantigty that it was not likely that the voice of Virginia could accomplish the enc hoped. There are also quite 4 number of the members of the Legislature who will vote against the resolutions—not because they do not agree with them in sentiment, but because they feel sure they will do Ro good, and they want the North to move first. ‘The republicans will, of course, oppose them. Sena- tor Edgar Allan, of that party, sarcastically remarked that they were worthless, because they did mot suggest any real remedy, and were, therefore, muau lik» olter- 1ng mustard witbout meat to a hungry man. SENATOR JOMNSON’S SPRECH. When the resolutions eame up to-day for diseussion General Johnson spoke at length 10 support of tho resoiutions, He argued that thay expressed afm pathy with south Carolina, and the approbation Virginia for ber course in resisting usurpution by the peaceful process of the courts and the remodies of the law. Ho insisted that it was the duty of Virginia tius to uphold them in their constitutional aad legal defence of their rights, and that whea a was in trouble it was the duty of all his friends t@ assist. bun with advice, approbation and sym paibe He said it was the duty of Virginia to speuk now 1m favor of law and constitu. tional remedics. Silence wag misconstrued; our mo- tives and intentions were misrepresented; silence mado no unswer to these falsehoods; our speech and our actions gave them the lie, Civil war was the last resort of the peuple, and an appeal to the people of the whole country was the right, wise and brave course, Love of liberty was as deeply implanted in the hearts of the republicans of the North as in ours. It was only necessary to arouse it and get them to understand the danger ull were in, We must speak and suow them that they are equally in peril and they will act He urged an expression from Virginia ou this line of policy and principie, relying on republican institutions and on tho love of hberty in the whole North and South, on republicans and democrats alike, to avert the present: danger and reme@y the pres evils. There was no expressed opposition to the resolu- but some Senators baa doubts us to the wisdom ir introducti The discussivon will be con- tinued to morrow. FLORIDA. EXPLANATIONS BY MEMBERS OF THE STATE BETURNING BOARD—EVIDENCE BEFORE THE HOUSE COMMITTEE—DEMOCLATS ASK GENE- RAL BARLOW TO RETURN AND SEE THE CON- TEST THROUGH, (BY TELEGRAPH TO THE HERALD.] Ta.ianassee, Dec, 19, 1876, Your correspondent called on the members of the Returning Board to get their views on their can- vass of the electoral votes of this State. I called» first the Comptrolier’s office. Dr. Cowgill received me warmly, and was ready to give his views I asked him, Orst, “What was tho difficulty with the vote of the Hamilton county precinct?” Said he, it was a case of irregu- larity. There was no positive charge of fraud, but the republican inspector swore that be was not certain that the return was correct when he signed it. For this reason I voted to throw it out.’? “Did not the other inspectors swear that it was cor- rect??? “They did; but it was proved that the canvass was not completed the nigat of the election, and that out- side parties handled the ballots when the count was being made. It was just such a case as Monroo county, exactly. In fact, when Iwas in doubt about having voted right on the Monroe case a friend says, ‘If you voted right in the Hamilton caso you did in Monroe.’"” Your correspondent then asked him which he thought "Hag ase of the two. He replied, “1 think Hamilton t&. Idon’t know as much about it, though ; | never saw the affidavits in the case until after we had gone into executive session."” “Did you not think it was doubtful about the pro- priety of throwing out a precinct on ez parte aflida- vite??? “I thought the case was made pretty clearly, and I said to Judge Cocke it is time these inspectors were made to understand that they must obey the specific demands of the law. He agreed with mo, and wo voted together.”” 4 PROPOSITION TO RECONSID! Ibis a well known fact that the day after the can” vass Dr. Cowgill expressed a determination to rec sider bis vote on Monroe County. Ho stated this pur. pose to soveral on tho 7th. On the 8th, when tho Board met, ne stated that hislawyer had advised him he could not change anything as the injunction of Judge White was then over him. Your correspondent asked the Doctor if the same feasoning that led him to reconsider the Monroe vote would not have Jed him to reconsider the Hamilton vote, as they wero similar cases. He replied, ‘‘I think not. The Hamil- ton case had the additional irrogularity that outsiders handled the votes. That was a violation of the law, and the precinct should have gone out,”” ADVISED BY GENERALS BARLOW AND WALLACE. Dr. Cowgill gave the further details of the canvass, stating that the Board threw out sixty republican votes in Jefferson, ‘‘becaase General Barlow and Gen- eral Wallacefhought that was about right,” and that he he bad “tried to do nis duty under the law.”’ MR. M’LIN’S EXPLANATION. Your correspondent left him and caiied upon Mr. Me- Liv, Mr. McLin said:—“Tho reasons we had for voting against receiving Hamilton are given in the papers. The canvass was not finished on the night of the elec- tion. The inspectors adjourned until nine o'clock the next day, and then made the canvass. Ibis was ir- regular and wo threw it out.” “Did not all the inspeetors sign this return and thus testify to its correctness?” "They did; but one of the inspectors, tho republi- can, has since sworn that he does not know that the return he signed was correct. The case is similar to the one In Monroe county, which we also threw out on tho ground of irregularity.” ‘Which do you think was the strongest case of ir- regularity?” “I donot know, I should say probably Hamilton. In this case, as in all others, 1 acted according to the law, as 1 ucderstend it’? ATTORNRY GENERAL COCKE’S STATEMENT. Your correspondent then called on Attorney General Cocke, That gentleman said:—*I know very little of the Hamilton county case, None of us saw the papers in that case until the very night wo threw it out The case was ono of technical irregularity at most, and wa: jained by a purely ez parte affidavit. The democrats had made DO earnest defence, because the case had not been be. fore the Board, except {nthe mere montion of the afidavits that bad been filed. The assertion mado in the minutes that! voted for the rejection of this precinct is simply and absolutely false. 1 did no such thing. I voted against throwing it out and protested against it, 1 could not have voted to reject it. There was “$0 CHARGE OF FRAUD, “The whole charge was that the inspectors, worn out with the pight’s work, did, after counting the vote, adjouru—it then being four o’clock—until nine in the morning. They met at this hour and filled out the certificates according to the figures that were reached and announced the nignt before. The republican in- spector signed the certificate without protest, A week or two afterward, for some reason or other, by reason of a political necessity, 1 believe, he made an affidavit in which he said that he was not certain that the roturn he bad certified as correct was correct. Ho makes no churge that it 1 invorrect. He merely says it may possibly be incor- rect. Opposed to this negative testimony of one in- Spector wo have the positive testimony of the other two inspectors, Who could hesitate as to which to take? Tho truth is the republicans, in looking over tho State alter election, found two points—Monroe and Hamiltoo—wihere the tired inspectors had adjourned without completing the canvass. In both cases the adjournment was at near daybreak and by unanimous consent; in one case because of sickness, and In tho other because of cold and the lateness of the hour, In both cases the inspectors all signed the certificates without protest. In both cases the vote 1s proven correct, and in neither case is ts correctness attacked; and yet in both cases tho whole precinct was throwa out, If General Barlow would have voted against throwing out Monroe I don’t see how he can hesitate about Hamilton. It was nota case of near as much irregularity as Monroe. Ithen asked Judge Cocke if he had given the opin- jon that the Monroe precinct should be thrown out He replied, 1 did not, I did say to Dr. Cowgill that it was a violation of the law ‘or the inspectors 10 ad- Journ belore the canvass was completed. So it was, bet neta sufficient violation to invalidate the vote. For a certain reason which Dr. Cowgill understands I did vote to throw out that precinct, In balfan hour atterward, finding that the vote did not effect the purpose I wus ied to bell: it would, 1 changed it. I will say that there is anoth: FALSIFICATION OF THE MINUTES, in that I am recorded as voting for the eanvassing of Jefferson county. I protested against that canvass bitterly on several grounds, and of course votea against it. During the canvass I permitted @ sort of intimacy on the part of Cowgill. Presuming on this, he said to mo, ‘Judge, you owe me an apol- ogy for certain publicatiobs you have made concerning me.’ I said to him, ‘Matters must go on as they have done between us.’ If he indorses those minutes I must reiterate my denunciation. Ti minutes are false—deliberately and wantonly false. Judge Cocke omitted to state one point in his review ef the Hamilton county case. It is charged thatan outsider handled the.votes, The democrats admit this, averring that one ot the inspectors, having very bad eyesight, had asked an outsider to read the votes ior him. There was no protest against tpis action. This is the only particular in which this case differs from ‘the Monroe case, Indeed, the Monroe case was con- sidered much the stronger. The House Committee will go to Live Oak to-mor- Tow evening and investigate the case carelully. PROCKKDINGS OF THE COMMITTEES. The Senate committec held a session with closed doors, Reporters were again denied admission. Tne day was spent in examining Judge Cocke and in open- ing an investigation into the Monroe county case, Nothing important was elicited. The House committee, which on yesterday sent out seven local messengers to look up tne seventy-two men whose names were on the poll list of Precinct No, 13, of Leon county, but who were not known in the precinct, had fourteen more witnesses before it to-day who swore to a mun that they did mot vote at pre- einct No, 13, although their names. are on the list ‘This 1s thirty-six of the seventy-two whom the com- mittee has had before it, and who have sworn that they did not vote there. Dr, Cowgill says General Barlow pronounced this ‘a very bad case,’’ but that he (Cowgill) did not havo time to look into it fully, .- MANATEE CoUNTY. The House committee also had the Judge of Manatee county before it to-day. This was tue county which had no clerk and was thrown outon that account, The Judge brought with bim the original papers, He swore that the clerk resigned a month before the clection, and that the democrats could not get his place filled. They then tried to register with the deputy cierk, as there was nocierk who is the regular registry offi- cer. He declined to take their names. The County Commissioners (republicans), however, ordered an election and appointed inspectors. The election was beld regularly. The precinct returns came up properly signed, Inthe absence of any rogistry ollicer, the Judge prepared an oath book, in which the subscriber swears that he is @ properly qualified voter and that his namo 1 on the registry list of the last year. One of these books was put at each poll, and no person was allowed to vote until he had sworn und signed. These oath books went ap to the County Board with the precinct returns. The Board, $wo republican: id one demoerat, then can- vassed the returns and made up and signed a certifi- cate, omitting by unanimous vote sixteen names that were not foundon the registry listof the previous year. Judge Grabam's tostimony was direct aud positive. Whenhe presented the cumbrous docu- ments of the election, which he brougit in a trunk, there was considerable laughter. His oath books were especial curiosities, General Lew Wallace sat by Mr. Dunnell during to- day's sossiun, and advised with him with continually, keeping close minutes of the proceedings. THE MANDAMUS ARGUMENT. The Supreme Court was occupied to-day hearing Judgo Emmons’ argument. Judge Hilton willhcouvinde for the democrats to-morrow, The decision is looked for on Thursday. GENERAL BARLOW RECALLED, The democrats will send a request to General Barlow, asking him to come to Florida and satisfy bimseif fully upon the question of the Hamilton county matter. His apparently impartial decision has encouraged them very much, and they look tor the Haratp containing it im full with great impatience. MUNICIPAL KLECTION, The democrats carried the city election te-day, electing their Mayor by twelve votes, The election was perfoctly quiet. The republicans had about two to one on the registry list. A great imany colored peo_ ple and many white republicans voted tne democratic ticket. This is the first time the city bas been carried by the democrats since the war. THE VOTE OF FLORIDA, MR, MANTON MARBLE'S VIEWS OF THE FLORIDA RETURNING BOARD AND ITS WORK, * To rue Eviron oy tux Hexarp:— The minutes of the Florida State Board of Canvassers, published December 13; the letters of General F. C. Barlow, published December 15 and December 17, and the letter of C, A. Cowgill, one of the Board, to Gen- eral Barlow. published in the Times of Docember 15, taken together, handsomely invalidate the pretence that Florida cast her votes for the Hayes electors, 1. General Barlow demonstrates that, if tho Can- vassing Board had the wide powers they claimed and exercised, powers which unbroken usage and the law in every other State in the Union except Louisiana confer upon judicial tribunals only, even then a just and scrupulous exercise of those powers results in finding a majority for the Tilden electors, 2. The minutes of the Canvassing Board demonstrate that the county returns upon their faco show a ma- jority for the Tilden electors. MO DOUBT OF A TILDEN MAJORITY. Privately 1 loan to the belief that for a month past not one honest man in Florida of competent discern- ment haa inwardly doubted that the Tilden electors had acleur majority of all the votes actually cast—that, too, over and above the ballot box stuffing by Governor Stearns’ confederates and the fraudulent returns by bis appointeos, the election officers. But what majority could not a determined canvass- ing board overcome? At the North, bowever, it has been possible hitherto to excuse a candid republican, ignorant of the details of the eanvass, for doubting if the Hayes clectors might not have a majority in Florida, But the publications above mentioned deprive every such person of fout- hold for a hope. A COMPLIMENT TO & BLICAN. The candor and the courage of General Barlow in reaching and avowing ® Judgment so adverse to the wishes he shared with his party will command the respect they deserve. my own part! have been very sensible of the dificulty of preserving a judicial attituge of mind in the circumstances, and can appre- ciate General Barlow's success the more that he bus not to divide its honors with any other distinguished republican visiting Louisiana, South Carolina or Flor- ida, to ‘witness @ fair count,’” But, while agreeing with General Barlow that a just and scrupulous exercise of the wide powers claimed by tho Florida state Board of Canvassers would have resulted jn finding a majority for the Tilden electors, and while hoiding that the majority so found is even larger than he admits, 1 sappose it to be a sound prop- osition of law that the functions and powers of the Board are circumscribed within narrower limits. MR, BIDDLE’S ARGUMENT, The subjoined argument upon this point, not hereto- fore published, was prepared by the most eminent momber of the Philadelphia Bar, Georgo W. Biddle, and bad the entire concurrence of all the distinguish lawyors whose names aro thereto subscribed. it would be unbecoming im me to do more than invite at. tention to its reasoning aud conclusion. But observe that it 1s now ostablished by the minutes of the Canvassing Board, which ite two republican mombers have since published, not merely that the county returns upon their face show a clear majority oF the Tilden electors, but that tose two members are themselves the witnesses that the Board must have deslared a majority for the Tilden electors bad it kept within the strict and proper limit of its powers. ‘The proof is mecontestable. Only from Baker county came both a true andataise returo, If the fulse re- turn had been counted the Hayes electors wor@chosen, if the true return, the Tilden electors, This 1s not disputed by anybody. ow, the minutes of the Canvassing Board published December 13, read as tollows:—‘*Baker county was taken up and canvassed according to the precinct re- turns by the unanimous vote of the Board.”” But the true retura from Baker county, which added 136 to the vote o! the Tilden electors, in fact accorded with the precinct retur: the last dot and figure. Why the Board preferred to canvass “the precinct th he true county return, when wo were identical, 18 easy to sec. r, false and fradulent return sent up from Baker County to Tallahassee, and which was frst read in order to make ‘passing show” of a majority jayes electors, was selected by the 5 of State to bo read, and the true return was 5 insistance of Pasco, of the Democratic State Committee, compellea despite evasions and the Board, and read and sular and true returp. The fraudulent retu was too plainly such, For one thing, it omitted half the precincts ef Baker county. “to bave can- vassed the true return instead of “‘the precinct & turns,’ Which came to the same thing, would have been too loud u *peccavi’’ to Pasco’s indignant out- burst. MR CHANULER AS A MANUPACTURER OF MAJORITIES. Lg The statement telegraphed North November Apthorp, Clerk of the Board, and by Willi 7, making outa sinall majority lor the a the lace of the county returns, had no i@ whatever than the irregular, false end fraudulent returns thus finally rejected by the Board. For canvassers like Melin and Cowgill thus to pull out the underpinning of a statesman like William E. Chandler is almost enough to justily civil war; und Mr. Chandler feels it, a8 you may see by his letter to the 7ribune, trom Concord, December 14, in which he says :— “Therefore Hayes is elected by 185 votes and there can be no resistance to his inauguration and adminis- tration except through rebellion, whieh, if persisted in, must ve put down by force, and, if necessary, through a new civil war!"” If this does not seem to you to have the true tocsin ring you must remember that Mr, Chandler, unuke General Barlow, bad no experience tp the command or troops during ¢ vil war. But he is a very clever man, I as: you, and you may be quite certain that if he had rewained in Florida to edit the minutes @ Board Mr, Mcl.in and Dr, Cowgill would never have been suflerod to attest by their own signatures that the Board must have declared a majority for the Tilden electors bad it kept within its legal powers. MANTON MARBLE, ARGUMENT OF COUNSEL FOR DEMOCRATIC ELEC- Tons, 4 We bave thus far discussed the whole case before your honorable Board as if you had been sitting to pass upun the legality of the electton held in thia State for Presidential electors, with power to decide to which persons claiming the certificates they should be prop erly awarded, Were your tunctions as ample as ap- peara to have peen supposed from the wide range of inquiry that has taken place and from the mode in whieh the case has been presented bofore you, we sub- mut confidently that we haveshown beyond doubt such errors and frauds in Alachua, Duval and Jefferson counties us, taken in connection with the fraudulent and false return from Baker county and the plain error in omitting to count the twenty-nine votes in Clay county have established conclusively tho exist- ence of a large majority, reaching to several hundrods, im favor of the Tilden and Hendricks electors, What we are now about to say proceeds from po doubts entertained by us as to the issue of a controversy conducted with ro- gard to all the facts connected with tbe late clection. But we conceive it to be a duty which we owe alike to or ives and to your honorable Board that we should end@avor to present a precise and accurate defuition of Your tubctions aud powers, and that if these are onge ascortained your action in this matter should be cirgumscribed within their limits. ‘ DUTY OF THE BOARD. Section 4 of the Election law of 1872 prescribes your duties und defues your powers. Under this legisia- tion it 1s made the duty, alter the holding of any elec. tion, of the Sccretary of State, the Attorney Generul and the Comptroller of Accounts, tu meet at the villce of the Secretary pursuant to notice, und from a Bourd to proceed to canvass the returns determine and declare who shall have been elected, as jown by such returns. If any such returns shall be shown or shall appoar to be so irregular, falso or fraudulent that the Board shail be ‘uuadle to determine the true vote, they shail so certily, and shall not include such retu) their determina- tun and declaration, and the Secretary of State rve and filo in bis office all such returna, togethe: with such other documents and papers as may hav ‘Deen received by him or by suia Bourd of Canvasse: Lt is evident, therefore, that the duty of .his Buard alter a canvass of the county returns is to determine and declare who shall have been eiected to any of the offices enumerated as shown by the . returns, I any of those be so irregular or faise us to prevent ch determination thereby it shall not be included in 4be Gual determination aud declaration, put shail be thrown oat, Your specific duties are, therefore, of a limited and precise nuture—viz., to receive the returns, and from them, and them alone, to determine and de- clare the result of the election, excluding from con- sideration ull such us shall appear to be no returns, because tainted by falsehood or irregularity so gross as to make it impossible to determine therefrom the truo vote cast. The mvans for periorming this specitic dut; are, of course, (uruisbed by implication to the Board, but no others, 11 the returns appear to be regular and are unattacked as false, fraud sleut or irregular (that ix, sv irregular as to be incapable of conveying the intorma- tien which a return should give), your duty is then confined to an aritnmetical computation of all the votes thereby exhibited, und to make and sign a certificate containing the whole numberof votes given for each olfice and for each person tor each olfice, and to cause it to be recorded. If, onthe other bund, tt shall ap- pear to you trom an inspection of any of the returos themselves that they are false, or fraudulent, or so ir- rogular as to make {t impossible to determine there- from the true vote; ur if, by proper evidence other. wise, you shall be convinced of tho falsity or fraud of a return, it becomes your duty to throw out eu&h to- turn, and to make the required determination and declaration without computing therein the irregular o1 false return, You may thus, eithor by inspection or by proof, otherwise decide upon the question of ex clusion of an irregular or false returo, but here your duty and your poworend, You are not required or ‘authorized to try and determine the qualifications of voters at the several polls, nor the qualifications of per the regularity of their proceea- m the returas, nor any question touch- ither election officer or is suiliciently regular to enable you the result of the vote con ed in or fraudulent asa re 1 You t the irregularities it, and is not i cannot go behind it in the conduct of the election by the clection officers, DO matter what th gularities of those purporting tobe voters, if the return transmitted te you ty suill- ciently regular, and ag. return untainted by traud or jalsenuod, it 18 for-you not only the evideace of what is contaived in it, but so exciusively possesses this character that you are forbidden to look outside of beyond it. TO CERTIFY THR RESULT. You are not to try the election, but merely to certify its result so far 4s contaived in and appearing trom that which the law, for the purposes of the certiticate which you are required to give undor it, makes the ex- idence of the result thus certitied. This ap- pears to be abundantly clear Irom the words made use of in this carefully drawn section, and — b the leaves no doubt of the intention of le moker. There ie throughout the: enactment a cau- tious uso of words aud a precision of language which accurately convey the precise thought in the mind of the draughtam ‘There is realiy nv room tor doubt, when we construe tve law from the words made use of and the context in wuich they are found, illus- trated by the unbroken usage in every State of the Union except 10 the State of Louisiana, which is the plugue spot of our election system. Bat, In looking outside of the words and cuntexi of the act and in turning to the subject matter, the effects and conse- quences, and the spirit and reason of the law, the con- struction which bas been presented by us becomes still cwarer. Were tt not so, were considerations apart from the language of the lawgiver to create mn for a reasonable or even a grave doubt as io his Intention, we should be precluded from setting aside the plain words made use of, in order to react a result supposed to be more in consonance with his intention, sucha mode of construction is absolutely inadmiss!ble and needs no citativn of authority for its ¢ondem- nation. it bappens, however, that these otuer aod = less valuable tetris, useful and* re- sorted to where the language is ambiguous, though anavailing against its clearly written words, all concur to promote and make cloar the plainly ex- pressed text of the enactment, The subject mattor of the law was how to ascertain, present and proserve she formal expression of tho people's choice, mant- fested through the medium of the ballot box. The law was not intended to provide, nor does |t provide, for the contestation of a right to an office to which a person may have been elected under its provision by the votes of citizens duly qualified for the purpose, A slizht examination of the uct shows this, In the very section under consideration aro found mentioned mombers of the Legisiature and mombers of Congross, It ts the prescribed province of these bodies to judge of the qualifications, election and reiuros of their own members, and they are 1m nowise bound by the prima Sacies exbibited by the possession of the corsilicute. the people elect a Governor avd Licutenant or, whose qualifications are detined by, the writ- tution of the State, It woul be ubsurd tor the State Board of Canvassers to attempt to deter- mine, either from an examination of the returns or f them, whe be was or was not a quali. United joard of Canvassers to attempt wo deci fications of the voters as to pase upon those of 4s to the reg- ularity of the election by which a person claim an elective office, The only mode known to th ‘State under which such an inquiry can bo 11 ie ta clear Gleason’s case (12 Florida Ke; Pp 160), and see particularly the opinion ot Court delivered by Weat- cow hel ded etseq. Tho spirit and reason of the law. as an ita effocts end NEW YORK HERALD, WEDNESDAY, DECEMBER 20. 1876.—TRIPLE SHEET. also equally against any such view of the powers of the | Board. WHEN THE CANVASS MUST UE MADE. The Board is bound to make its canvass on the thirty-fitth day after she holding of the election, or hall have been received. While ed Lo the canvass with sufficient promp\ to ebabte it to discharge Its auties With accuracy and fidelity, it is possible that i: may not do Whether, in such case, it would be to this day itself for the pertormance of all that is required to be done may be a matter of reasunable doubt But toe conclusive agai na doubt upon this point is © assumption of the wider juris- diction, time alone is decisive against it Nor has it th ns of conducting such an juvestiga- Yon with ard to its importance und acc of determination. It may well be doubted, or depied, that the Board can send for papers, procure the attendance of witnesses, examine them under oath, or do anything except compare the returogs themselves with the original and primary documents and papers from which they ure made up, aud trom such Comparison pass upon the question of their falsehood or irregularity. All these powers are pos- aged by judicia! tribunals competent to conduct such investigations, but are withheld {rom this Board. lis composition, the time within whic its duties are to be performed, the single purpose contided to is by the 4, alike forbid it to assume the jurisdiction aod functions ® tribunal to examine and de- al upon the legatity or illegality an inquiry whieh, as we have wes the largest exercise of Judicial power. WHAT KETUKNS MAY DR REJNCTED. We therefore conjideutly couciude and assert to your hon le body that vour seie duty under the consti- tution and laws of Florida 1s to determine trom the re- turns transmitted to you what persuns have re the highest number of votes tor the ollice of jor President and Vice President, and to ile a certiti- cate thercot im the oflice of the Secretary ol staic. ‘This inquiry, in the words of the aw, autnorizes you to exclude from your determiuation and declaration any returns which shall te shown or appear io be so irregular, false or fraudulent as to be of no value in ascertaining the true vote, You may—indeed, you must—therolore, either by inspection and comparison with documents relating to the subject matter or by other showing, determine whether & return is detec- tive in the particulars just mentioned, and it so, ex- clade it trom your count, but beyond this you ure powerless to proceed. AS IT SHOULD STAND. Th accordance with this argument it is submitted that the vote for electors should be tabulated by. striking from the Aluchus return the false and irauduient re- turo of votes trom Archer precinet No. 2, 1u adding to that of Clay county the return of the Votes cust m pre- ciuct No. 8, eleven poud, of including in the enumer- ation the retura of Baker county, to which the signa. ture of the clerk 18 attached, and which isa duplicate of chat recorded, aud in excluding (if correction be otherwise impossible) the alleged return trom Duvat county. The result is as follows, showing a majority for the Tilden electors of 1,207:— Counties, Tilden, Hayes. 272 1,763 2 43 ES ue It the return of Jefferson county 1s purged, as 6ug- gested, there will be deducted trom the Hayes vote 962, which would leave the mMjority for the Tilden electors in the State 2,219, All of which is respectiully submitted by GEO, W. BIDDLE, Penusyivania LEVERETT SALIONSTALL, Massachusetts, JOSEPH E. BROW! 3 v. M. B. YOUNG, DAVID W, SELLERS, Pennsylvania. MALCULM HAY, Pennsylvania, JOHN R READ, Pennsylv: GEO, W, GUTHRIE, Penni SAMUEL G, THOMPSON, C. GIBSON, Missouri. . PASCO, Florida, GEO. P. RANEY, Florida, RICHARD L. CAMPBELL, Florida, PERRY B. SMITH, Iihuois. MANTON MARBLE, New York. rgia. ME, HUMPHREYS’ ELIGIBILITY. Pessacoua, Fla, Dec 15, 1876 To tus Eviron oy tue HEeRaiy:— Knowing that you desire to give reliable information to your readors, and iu refutation ofthe m‘sstatemonts of your Tallahassee correspondent relative to my eligi- bility as a Presidential elector, permit mo tu submit horewith a copy of the acceptance of my resignation as United States beet | Commissioner for this port by Judge Woods, of the United States Circuit Court, from whom under the law the Trg oe Very respectfully, . &, HUMPHREYS. Mk, HUMPURRYS’ RESIGNATION AcCKYTKD. To F. C. Humrunevs, Esq., Pensacola, Fla :— Sin—Your lotter of the 24th September, 1876, resign- tng your office of Uuited states Shipping Commissioner for the port of Pensacola, in the State of Florida, has been received by me, and your resignation of said office is bereby accepted. Very respectiully, your obedient servant, . B. WOODS, United States Vircuit Judge. Oot. 2, 1876, LOUISIANA, GENERAL NICHOLLS PROPOSES TO BB GOVERNOR— PROCKEDINGS OF THE CONGRESSIONAL COM- MITTEES—-CLAIMS OF BOTH PARTIZS—DEMO- CRATIC TESTIMONY CHARGING F&AUD AND VIOLENCE ON THE REPUBLICANS, (BY TELEGRAPH TO THE HERALD.] . New Onigans, Dec, 19, 1876. General Nicholls was serenaded to-night @ City, Hotel, About 3,500 people were in attendance. made a very short speech, the pith of which was that he considered himself the daly elected Governor ot Louisiana, and proposed to take his seat such, relying apon the people to sustain bim. The event has made quite a stir in political circies, HASTE OF THE SENATE COMMITTEE, The labors of the Senatorial committee aro to be hur- ried op. It is said they have received notice from Washington to return as soon as possible, it being foared that some political emergency may occur in which their presence and votes wit! be wanted. ANDERSON REYORE THE HOUSE COMMITTER, Anderson, of the Returning Board, was before the House Investigating Committee to-night He was much more affable than ex-Governor Wells, and an- swered nearly all questions propounded, though in a general and doubtiui way. His momory of events was considerably at fault, Ho testified that he did not even know, and does not now know, whether thoge- turns sent in by the various supervisors of elections to the Board showed a majority for Hayes or for Tilden. THE SENATE COMMITTEE'S REPORT. The republicans express themselves confident that the roport of the Senate Committee will settle the Louisiana caso finally in favor of Hayes. GENERAL NICHOLLS’ srEKoR. A large assemblage, headod by a band of music, serenaded Mossra. Nicholls aud Wiltz at the City Hotel to-night, In response to a call General Nicholis made a short speech, in which he said those who had been chosen as representatives of the people would be found faithful to their trast, that they would act with firmness and discretion, keeping steadily in view the nonor and enterest ot the people. PATRIOTIC UTTERANCES. Genoral Nicholls roaifirmed the statement made bo- fore the Nominating Convention that he would bo Governor of the whole people and not of a party.or race. In conclusion he said;—“In the midst of the grave events now transpiring 1% would be in- expodient and unwise for me to fix and define an exact course to bo pursued, This much | must say to you, let every individual citizen yield his own opinion ‘ag to the best mode and best time of reaching the flual result, which wo all have equally in view, to the decision of those who, accepting positions of honor and trust tendered them by their fellow citizens, should justly assume the ro- sponsibility flowing trom these positions, Pvace- ably, fairly and legally olected your Governor by | majority of over 8,000 of the votes of both races im the State, | announce to you my fixed determi tion to assert and maintain my right to that position; and I know that you are equally determined 1 shall do so, I shall be prepared to do my wi duty, andl sballexpect the same irom every citizen of Louis- jana.” These remarks were received with great applause, Mr, Wilts. the candidate for the Lioutenans Gover. norship, indorsed the remarks of General Nicholls ang spoke lo the same effect. PROCEEDINGS OF THE SENATE COMMITTEE, New Onteans, Deo. 19, 1876, The Senato Investigating Committee was culled order at balf-past tweive by Senator Howe, chairmam who stated the commitice was pot yet provided with the desired tables of returns. He said the stateme: given the clerks of the Senaie Committeo by the Secres tary of the Returuing Board was de(ective im several particulars, It did uot indicate the votes thrown out iu dowatl, but simply gave the regate pumber, whereas it was desired tu obtain the vote rejected at each poll, Mr, Morry, of republican counsel, stated it would be well to take the testimony of a witness, Faton Logwood, who, be said, was about to die of wounds received in Quachita parish, and was now in the city. Mr. MceGloin, of democratic counsel, urged that ip casvs where it was alleged that witnesses could not appear belore the commitice on account of sickness a doctor's certificate to that effect be tiled with the comimittee, Aiter some discussion as to the best way of taking the testimony of Logwood, it was determined that it shouid be taken belore a com- missioner at his residence, The evidence elicited was materiaily the same as given by Logwoed before the Returning Board on November 2, and included in Senator Sherman's report to the President, The clerk. Was instructed to procare the required tables trom the Bourd, and the coumittes adjourned unt Wedoesday morning, at eieven o'clock. STATHMANT OF THR REPCULICANS. Tho following is the line of evidence submitted to the Senate Committee by counsel on benall of the re publicans:— We charge as true and propose to prove on bebalf of the republicans the following facts:— First—Tbat tho late election im this State was at certain polis and in certain precincts and parishes made null and void ip law by violeuce and iptimida- tion. This was occasioned by and consisted of seeret leagues and armed bands of brigauds, vull-cozers,”? whe have inflicted upon whiye ana colored republicans whippings, shootings, hi ings, DUrniNgs, mutilations, assassinations and, Im soine fustances. murder and massacre have been pere petrated. By these meaus a condition of terror Bag been produced among republicuns in certain ous of the State which continued jor a period of more than twolve months prior to the State election, Vurks NULL AND VOID IN Law. Second—That the election law of tmis State was enacted to meet a similar condition of affairs which had occurred in 1868; that the law declares un election held under such conditions to be null und void, and the voles pretended tu be cast under the insecurity, danger, fear and terror thus occasioned to be nuli am hat tho law invests the returning officers oj the State with power to inquire imto aod examive the fucta Where such condition of aifairs is charged, and to ascertain the truth of suck charges, and, if proven, to dectare the nullity of such election and carry imto effect such nullity by rejecting wcd reiusing to count pretended votes so made null and void, and that this election law is righteous, just and necessary. THE RXTURNING BOARD SUSTAINED. Third—That the returoiag ofllcers did so examine and inquire according to law and did find in cer. tun parishes and polls tbe election made mull and void by the uses above recited, aud the returuing officers, as communded by law, did declare this nullity and did reject and refuse to count the protended votes thus made null in the localities thus terrorized by brigauds aud ‘vall-dozors.”” RAPUBLICAN VOTERS TERRORIZED, Fourth—That at the recent election irom 12,000 to 15,000 republican voters who were desirous ot vou and who made carnest and diligent efforts to voue t republican tickol, Were put in tear of their Ihres aud terrified by these systematic outrages, su they were driven trom the polls and preveuted trom voting. That trom 5,000 to 6,000 republican voters were, by the sume meuns, forced against- their will and through fear to vote the democratic ticket COLORED VOTKS EXCLUDED. Fifth—That in said election the right of from 16,000 to 40,000 colored persons to vote wus by these meang denied and abridged. SPECIVICATIONS OF TERRORIZED LocALitiE: Sizth— 0 as to territory was as (ojlows:—Ip the who! of the following named parisues.—to wit, BE: Rouge, East Feliciana, Weat Feliciana, Morehouse, Richland, Gruot, Liviogston, Sabine, Caldwell, Lutayetty, Claiborue, De son und Natebit that the extent of and abridgement 9a to the number of voters 1 lows:—In the foregoing parishes uo less than from 16,000 to 0,000 voters were prevented trom voting as tovy wished or forced to vote coutrary tw their wishes at said ejection. BULI-pozING CONSPIKACY, Seventh—' this dental and ubridgment was ef- ected by means of acouspiracy to aud tor that e that this couvpiracy had for ite express purpose the Les Ouachita, Yraukiin, Juck- e State for the democrats, and thet this consptravy wag oarried vub by means of urmed budies of meu, knowa wulled ‘3,’ and by night ridings, patrolling, whippings, shootings, hangings, buraings, mutilation: acuaseiustious, inurders and massacres communities b them, WHITH DEMOCKATS RESPONSIBLE, Bighth—That the conspiracy our ucts of violence, lawiessne pursuance aud furtherance thereof, were com: by white meu-—democrats. A DEMOCRATIO MAJORITY TO BK SECURED, Ninth—That the mnetood aud purpose thereof was te violently and tbrougt fear and terror suppress, drive away and prevent from voting, of coerce to vote the democratic ticket, such 4 number of republican votera as would secure aD apparent democratic majority 19 the State. BVIDENCE SHOWING THR EXISTENCH OF THE CONSPIRACY, Tenth—That a precoacerted \plan and cot these ends is“showo—tirst, by letter, known as and tssued by the Ci Central Committe parishes tu be carried by buil-dozing, to wit:—Tnose of East Baton Rouge, East Keliciana, West Feliciana, Ouachita, Morehouse, Richland, Grant, Liviogston, Franklin, Sabine, Caldwell, Latayotie, Claiborne, Ve Soto, Jackson and Natchitoches, Of these the totlow- Rast Baton Rouge, Kast Felicians, Foliciana, Ouachita Morehouse are parishes bordering upon the States of Mississipp: and Arkansas In these parishes there ts a republicaa vote of 11,894 and @ republican majority of 7,570, to @ democratic vote of 4,324 lu the remuining eleven of these parishes, (o wit.-—Richland, Grant, Livingston, Franklin, Sabine, Caldwell, Latayette, Claiboroe, De Soto, Jacksou and Nachitoches--there was a less brutal and more covert, but not less effective, system of intimidation, by which a portior of the republican vote was suppressed, sufficiently large to compensave for the democratic vole which would be lout in the * parishes by the operation of the law ia elovtion in said parishes; tbird, by suds taneous outbreaks of violence aod mur- der in these parishes before and near the eluction ; and, fourth, by tu 4 unusual conduct of white second, by the selection of the were secretly on discover and punis! demuation of these acts by the pi meetings or by the clergy, wuile citize veutured to denounce these outrages bi aced with proscription and persee silenced, The democratic they have beeu compull have falsely uttributed them to tho negi ciency of the loeal officers, although well that these focal officers were rendered por iy the same terrorism which rendered these outrages possible, LEGAL ELECTION RETURKS, Eleventh—That ‘under our iaw there are ae returns ol tion, and can be noue, etcept those wade by the returning officers, that neither commissioners of election sor supervisors of registration are rot ny rs, nor have either of them aathority wo make nd clare returns, WIDESPREAD RYPKCT OF VIOLENCE AND TRRROR, Tweifti—Thet the effect of these outrages aud lawe lessness in tutinidating wiored people was nut con fined to the limits of parmhes in which they were pers petrated, but this effect spread to groat distances ia surrvunding neighboring parishes. A PULITICAL MURDER SCKKKNKD BY WHITE CITIEESS, Thirteenth—Vbat tu the parish of East Peliciana the horrible murder of Jonn Gair, an ex-Representative and then Sergeant-at-Arms of the House of Repro- sentatives, wi0 Was arrested ut night in the t t Baton Rouge, forty miles from bis home, by « abertile posse, upon a wrong charge secored by to! ry torture from a poor and delenceloss colored woman, of complicity in the killing of @ man who was not killed, but who Is now alive and well, aad who was joreibly taken from the posse, while om bis way to stand bis trial, Ly an arwed company of “reguiators” or ‘‘ball-dozers’” uuder command Of one Captain Norwood, dnd tied toa tree by these “regulators,” and shut to death, was @ crime com mitted by democrats or reasons growing oat of pulitl cal animosities and to achieve political ends; that the same Was one of the moat terribie aud dastardly acts ul crime ever committed ina civilized country, and, to this day, all investigation into this crime and toquiry afier its perpetrators bas been continuously aud syé~ tematically discouraged and prevented by the waite community of Kast Feliciana, CRIMES COXNIVED AT. Fourteenth—That in the parish of Ouachita the assas- sination of Dr, B. H. Dinkgrave was a poutical erime, committed for political reasous by ademvuerat, and wae connived at, and all investigation inte tt stifled ang frowned down by the democrats of that parish, ATTEMPTRD MURDER OF SKNATOR TWITCHRLL, Fifternth—That in the parish of Red Rivor a and deliberate attempt to assassinate Senator Twitch- ell, and a horrible mutuation of nis person, was com mitted by a Hired assassin, with the connivance of the democrais, with the secret knowloage of the white od, from political a munity whe mosities e and political en THE PARALLEL oF 1868, few deinocrats now 1868, which pa who may uly discredit their own veracity. deny HUGH J. CAMPBELL, Chairman of Committes, DEMOCRATIC CLAIMS, The counsel for the democrats submitted the ing statemout of their case to the Senate committessas A MAJORITY OF THE VOTRE First—That they roceived at tho election held in shi, {CONTINUED ON TENTH PAGER)