The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-07
Facts which All Agree Upon.

|. In those states of the Union concern
ing which no dispute has been raised. Mr..
TILDES has Isl electoral votes and Mr..
HAYES LOG.
IL. There are three other state. whore
the dec araton OF the result was finally
made on Tuesday night last, or wednes-
day morning, only one day, or even less
than one day before the Electoral Colleges
are required to meet and cast their votes
These States are, South Carolina with
seven electoral votes, Louisiana with eight,
aud Florida with four.
III. All OF these three States have what
are called Returning Boards, empowered
TO canvass, TO alter and to declare the
final result Of the returns sent up by the
county or parish cauvassers. These Re-
turning Boards were not known until
after the reconstruction of the Southern
States and the establishment of carpet
bag rule there. The first one appears to
have been introduced under Gov. WAR
MOTH IN Louisiana for the alleged purpose
Of enabling him 20 declare himself re-
elected and 10 remain in power when ms
antagonist should he stronger than he, and
should really obtain majority in an elcc-
duced elsewhere, but the powers aud pur-
poses of the institution are everywhere
substantially the same. The Returning
Board can always change the apparent re-
suit Of an election, and thus, where the
county or parish returns show Demo-
cratic majority, 1t can alter this aud de-
clare Republican majority, or the con-
trary.
~ II il denied that these Boards exist
constitutioLaliy IN any one of these three
states.
" The first of these three Returning
Boards TO net was that OF South Carolina.
II consists OF Ave members all OF them
state officers, aud four Of them candidates
for Office at this election On their face the
county returns showed Democratic ma
jorty, and the Supreme Court of the State
the authority which in every State IL
regularly invoked in cases of disputed
elections or threatened frauds in canvass
ing-was applied To TO secure n fair count
of the votes ana TO prevent these men
from deciding their own case in their own
favor by changing the county returns.
The Court entertained the application and
issued II mandate directing the Board not
10 proceed unul the matter ehOuld be
heard ana decided by the Court but while
the case WAS thus pending before the Court
the Board met privately, aud without any
formal examination of the returns de-
clared the election in their own favor in
favor Of the HAYES candidates for electors,
aud III favor OF CHAMBERLAIN, the Repub-
lican candidate for Governor, and then
adjourned without day. Then the Court
committed them for contempt OF it's man
date, but Judge BOND of the United States
Circuit Court, who was in South Carolina
ia advance of his regular time, released
them upon wit Of habeas corpus, put
ting them into the nominal custody OF the
United States Marshal, who at once set
upon the question Of his authority to re-
lease these men, Judge BoND took that
question under adv,emcnt, and has not
yet rendered any decision
VI, In Louisiana the Returning Board is
required by law to have five members.
There was II vacancy in it, but this
vacancy was not filled and all its
| proceedings have been taken by four
memh,rs only, all Republicans. The
| President Of this board, j. MADISON WELLS,
was turned out Of office rs Governor Of
! Louisiana before reconstruction, several
years ago, 10y Gen SnERlDAN, who de-
| uounCcd him us a dishonest man. The
! known IN WELLS. but one Of them 10 the