The New York herald., 1876-12-08

PROTEST OF ATTORNEY GENERAL COOKE.
The following is the OF the protest Of Attorney
General Cooke membev o. the board OF State Can
vasscrs against the action Of his two alluded
10 in the HxRALp's despatcncs OF the 9th ins,:-
STATE or FLORIDA ATTORNEY GENERALS OFFICE
TALLAHASSEE Dec. q, 1876 I
Hon. c. A. CowGn.L, Comptroller OF the State OF
Florida and 5. b. MclLs. Secretary OF State Of tho
State o Florida, and such Members OF the State
Canvassing Board OF the State OF Fiorida:-
GESTLEGEN-I regret that am compelled, from a
strict sense OF justice not only involving the clear ex
ercisc principles OF law but the maintenance oi The
rights OF the citizens to vindcae the elective tran
chise, to protest most soemny and decisivciy against
the action on the part OF majority OF
the State Canvassing Board of the State
OF Florida its decision that the electors
for The State of Florida Tor President and Vice
Prcsidcnt on the republican ticket have been elected
These my reasons for making this, my protest,
against the action OF the Canvassing Board
Frstrhal the Board OF State CaDvassers erred most
signally point oil law receiving statement OF the
votes OF Duva county, when thcre was in no con-
ceiyabie sense any legal returne OF votes Of said
county which the Board Of State Canvassers could
acl this reason that the statute OF 1872 requires
the Probate Judge and the Clerk OF tne county TO call
in justice OF the peace 10 assist them In the counting
OF tho county canvass, and that In violation of law,
the Clerk o Duval Circuit Court called IN justice OF
the peace, J. NJ Edwards, which selection was
not sanctioned, but rejected, by the Judge OF the
County Court thereby showing to the Board tnat there
was selection according to law by which county
canvass could be made, but that the canvass and
such TO preclude all notice OF IL IN every
legal sense before the Board OF state canvassers.
Srcond-Ibat in tho county OF Jefferson II appeared
from records file IN the Office Of the Secretary OF
state that certain county officers oicatsd as officers
OF election at the following named polls:-
l. NJ. j. Taylor, Clerk OF the Circuit Court OF JET
ierson acted inspector election at MONTICELLO, Pre-
cnct No l, thereby placing himself IN the position OF
supervising, under the statute, his Official acts as in
spector.
. Mr. William Beaslcy acted Justice OF tho
peace precinct election held al ckskiilc there
being no such precinct established accord
Ing to law, and that at such precinct as
was unknown to law the sad william
Beaslcy acted as a clerk, thereby confounding his
duties CLERK with his action justice OF the peace,
ana tina, beins the justice beore whom the action OF
cognzabc, and required ut law TO be
viewed that the return Of the Canvassng Board from
such precinct even II II existed AZ law, WAS IN itself
absolutely illegal
o That j. Bell, Judge of tho County Court Of
jefferson, acted clerk at n precinct Ia Jefferson
county known ms waukanah precinct, said J. Bell
was disqualified from acting as said clerk OF election
for the that, Judge OF the County Court Of
Jefferson It was made by law his duty, by act OF 1865,
chapter l6.5, section "a, 10 canvass votes given for
tho several Offices and persons shown by
returns He IN his oEce, and by his said action
as clerk OF election making himself judge
Of his condrct clerk when subjected his supcrvi-
sion MS Judge OF the same IN his capacity as County
Judge was entirely and absolutely Illegal
Thrd--ln rejecting the vote IN Manatcc on the al
legged there clerk Of the county TO
the registration OF voters the reason OF there
being clerk OF such county TO perform such legal
duty being that the Governor OF the state, with whom
resided the power appointing such Official failed the
discharge o! has duty relation thereto, by not ap-
pointing person to such office The present Governor
being "a candidate for reelection my reason or insist
the oi Manatcc being counted is that the
Official dcrclicon OF duty on the part oI .hc Execu
tive with whom as stated, was the power OF appoint
ing the proper officers TO supcrintend the registration
OF voters should be legal bar OF exclusion
OF voters in just aud legal exercise OF tho elective
franchise The fact OF there being clerk could not
apply voters previously registered who had right
TO secured by tho constitution OF the State and
the laws
Fortt--In relation to the votes at Completion and
wicadshp Church. in tho county OF Jackson, major
ly OF the Board o State Canvassers dsrcgarded the
Law tho State and the evidence offered rejecting
the voos poled at SAID precinct
FRAlD rejecting the vote poilcd at Precinct No 3,
in tho county OF Monroe, | CLAIM the right before
consider my vote there, or Tor the purpose or
sustaining the returns from satd precinct Tor tho
that II complies substantially with the require
OF the law the vassng and rt irns IN tho
state OF FLORIDA. protest also against the disfran-
chsement OF the people Of Hamilton county by throw
Ing out the ut Jasper precinct without any
charge proof OF 9raud illegal voting
the alleged ground irre9ularity, ihis,
that two republican inspectors appointed IN
the Interest OF the republican party hcd an ani-
deyit before tho Board tnal they aDscntcd thcin-
insist that TINS exclusion whereby the democratic
majority was reduced one hundred ana hty votes,
for the above alleged reason, IS crime against the
people and violation ci the cttcr and the spirit
tho laws, both Of the United states aud OF the
OF Florida. include in this protest my objections
urged The vote AT Archer Precinct No. ?,
IN the county OF Alachua, which moved 10 reject
accouut of lis ialsiiy, that the return cvdcnty
fraudulent, IRON Gear proof exhibited relation
thereto and that the power 10 reject the OF
tho State Canyasslns Board was evident IRON the