The New York herald., 1876-12-05
FLORIDA.

NO REPLY TO BE MADE By THE REPUBLI-
cASs-TILDENs MAJORITY ON THE FACE OF
THE RETURNS 129-HopEs OF DEcLARA-
THE RESULT
DY TELEGRAPH TO THE HERALD.
TALLAHASSEE, Dec 4. 1876
The Board met ten O'Clock The democrats then
announced that they ready with argument which
would all the cases before tho Board
Tho republicans interrupted the proceedings by
stating that they had OF testimony yet to IN
troduce They then died thir,y-two aldavits from
Orange, 6ftytwo from Jefferson and from other
counties They introduced Mr.. Taylor, Clerk OF Duva
county, 10 explain the discrepancy between the census
list and tho voting list OF that county lie alleged
that the difference lay in the fact that the
mperiec,ly and slouchly taken He confessed, when
crossexaminod by tho democrats that he had sad
that there were hundreds and hundreds OF names
the voting list that had no right TO oe there.
ALLEGED INTIMIDATION DgSiED.
| Colonel Yuee, president OF the Atlantic and Cult
Railroad then appeared 10 contradict the statement
made by the republicans, that numbered tickets had
been placed IN the hands OF coiored employees, and
those employees threatened with discharge il they did
| not vote those tickets.
| Ex-Governor Noyes, at tho suggestion OF General
Barlow objected 10 his reading thus statement to tho
| Board. The Board did not sustain mo oo)ectlOu
Colonel Yulec then denied most positively that any
such thing occurred alleged in the republican ALL
davts by the road any authorized to act for tho
road that the OF tho employees OF the road did
vote republican ticket and that of them had
boon discharged and would not be discharged He
then desired TO Introduce aidavits OF coiorcd
| who had been represented voting the democratic
ticket under threats, that they did not vote that
| ticket at all.
| General Barlow then remarked that he thought the
republicans had asked that any be thrown
| out on tins ground. II shown that such
quest had been made. The Board stated It had de-
| cidod to throw out any votes on this point.
| The Board then announced itself ready for argu
ment, and Colonel Bidde then to read tho dem
! ocralic argument.
/ Tho main points OF . arc folows:--
/ Nix. CHAIRMAN GENTLKMES BOARD or
CANvAssEHs-Wc desire TO present the reasons which,
a,er careful scrutiny and patient dciib beraton have
seemed TO conclusive that you should certify the
title OF Messrs. Call, Hilton. Yonae and Buloes 10
be complete I'LL tho Office Of electors tor President
and Vice President from tho State OF Florida In pre-
scntng these wc shall cndeavor 10 discuss tho
that have been developed before you and the law
| which applicable to them calmly and dspassion-
atey, keeping IN mind throughout the whole discus.
sion that important as success may be TO those who
are claiming this Office, and who are themselves tho
representatives OF the state OF Florida, yet individual
regarded as the rights OF independent
State, sink into insignidcance when compared
Il
sion which may be reached by your honorable bo1y
may depend whom Office OF President OF these
mittcd and what the whole internal policy
OF this country snail be turned during this loug
riod. We need scarcely, therefore, be reminded that
our Investigations should DO conducted sober,
discreet and impartial spirit, whose only aim and
purpose should DO the separation aud exhib,
ton Of tho truth from tho evidence which
has been laid before US. In this spirit
we begin our examination, and we proceed to
call attention the to somo PLAIN aud well
tied principles which should be kept steadily view
and by which all Investigations like tho present are
And first II may be laid down automatic prin-
ciple that little attention should be paid to mere ir
regular'es in the procesanss OF election officers
will of the majority Is not To DO defeated
by error In tho mode OF conducting the mere
details Of an election, and that this will, when
substantially and truly asccrtaincd cannot be defeated
by irrcguary the manner by which II is expressed.
In general, matters affecting the limo and place OF
election and the qualifications ot voters are Vi sub
stance, while touching the recording and return
OF tile legal received and the conauct the do
tails OF the election merely directory The great
purpose the machinery provided and set In motion
ascertain the wishes and choice OF the voters and
thc.c suffer tho default OF their agents
employed, although those latter may be liable
punishment for a breach OF their duties
Secondly as a necessary consequence from what has
JUST been said II follows that tho vote Of entire poll
Is to DO rejected except ~ case in which
impossible 10 ascertain with reasonable certainty tho
The power 10 reject an entire poll Is dangerous
and 10 to be exercised but extreme case
must appear before u ~ ever cxered that tho con-
duct OF The election officers has been such
to destroy ,ho integrity Of Their returns,
has taken place TO render the dongs OF the officers
uninteGibo or unworthy OF credit aud their return
unreliable Tor any purpose Again. In the attempt TO
slit the truth OF return. tho ordinary rules OF
dcnce must be followed, and the probability or i'm
probabilities or human action be looked nj and
considered as in other cases Form is pro-
vail against substance and fraud will vitiats every
proceeding however apparently regular, when It can
10 plainly shown. While weight Is to bo
given the decision and return OF tho
| iuducs OF an election, whose province IL ,s
| in 20 th0i
tion is TO be presumed correct until shown 10 have
been erroneous yet their return may DO shown by ey
dence be worthless that the truth Le de-
duced from 1t, and It must therefore be rejected
As rule OF evidence particularly applicable TO the
subject, must be conceded that precise direct est
mony gwen Dy witnesses Of unimpeachcd character
and subjected TO the test OF Is OF
initey more value than statements contained IN es
parfe affidaviis. drawn up III tho same similar
phraseolopy, and that such cascs cmphaticaiy tho
that witnesses are 10 Dc weighed, not counted
has especial application.
Keeping the importance OF the general Inquiry
view and the and application OF principles 10
which attention has been drawn, we proceed cx
animation Of the Gaze III uctaiI.
We begin the order Of comment with the county, as
10 tho fraud IN the vote, To which attention
directed. by the pools III Aiachua county
that in Archer precinct No the democratic Icc,ors
have been deIraudcd 10 the extent oi 2z6 votes
namely, 81 votes falsely and irauduicniy returned
their opponents and hvc votes falsely and Fraudulent.
ly suntracted from these truly ior them. tho
proof in support OF the nrs part OF this ailt
be arranged under three bcads -
| Positive evidence OF respectable, unmpcachcu
witnesses as to the condition Of the poll throughout
the entire election day.
| H. Positive evidence OF respectable uDn-
pcached witnesses us to the announcement oil the
count and by actual figures shown by the poll alter
public can thereof at the close OF the election by
the officers themselves.
/ III The physical condition OF tho poll list IRON
which II appears how the fraud attacked Was pcrLc-
II fatcL.
Ftrst--Samucl T.. Fleming well known citizen
oi Archer, the place IN which the ele cIion
| uuctcd. n merchant resident there uc
general vicinity Tor tweny-one years, ant ny
business familiar with the names anu persons oi tie
inabants and voters OF the place nd vi that part of
tie county stauontd himself at The poll throu uut
tho day ior the purpose OF ascertaniDg the and
correct voIo unnappiy Tor tho precinct the county
and state 10 which It ucongs, and ior the whole
Try had been tainted with the Suspicion OF the per-
pclratlon OF wrong and fraud, and the Witnesses
tent0n especially directed TO u with "a dis
covering and u possible, preventing It in the present