The New York herald., 1876-12-20

have declared majority for the Tilden electors had It
kept within the strict and proper limit OF its powers
The proof rs incontestabe. Only from Baker county
came both true and false return II the false re-
turn had been counted the Hayes electors wcrcchosen
a The true return. the Tden electors. This Is not
disputed by anybody.
Now, the minutes or the Canvassing Board published
December l3, read as ioliows-"Baker county was
taken up and canvassed according to the precinct re-
turns by The unanimous vote OF the Board"
But the true return from Baker county which added
l36 10 the vote o. the Tden electors TACT accorded
with the precinct returns TO the last dot and eure
Why the Board preferred to canvass "the precinct
returns" rather than the true county return, when
the aggregates OF the two were Identical Is easy
The irregular, false and fraudulent return sent up
from Baker County TO Tallahassee and which was hrst
tesa M I'm - awas 9,uea 70 passns SNOW o.
OF Stale 10 bc read and the selected TO
be suppressed. until the inslstance Of Chairman
Pasco, OF the Democratic State Committee compelled
him, on the same day, despite cvasions and resist
ance, 70 produce boore The Board and read and he,
Was too plainly SUCH For one thing y omitted half
the precincts Of Baker county. But to have can
vaxsed the true return instead OF the precinct re-
turns which came the same thing. would have
been too loud peccavi' 70 Pasco's indignant out
burst
Tho statement tcegraphed Norih November 20, by
Apthorp. Clerk OF the Board and by William T.
Chandler, making out small majority Tor the Hayes
electors the face of the county returns had no
other basis whatever than tho irregular, false end
fraudulent returns thus finally rejected by the Board
For canvassers like McIin and Cowgirl thus to pull
out the underpinnng OF a statesman like William +.
Chandler Is almost enough to justify civil war; and
the Tribune, from Concord, December H. In which no
says
Therefore Hayes is elected by ls5 votes and there
be resistance TO hts inauguration and admins
tration except through rebellion, which, II persisted
in, must DO put down by force, and, II necessary,
through new civil warl'
II this does not TO you to have the true tocsn
ring you must remember that Mr. Chandler. unike
General Barlow. had no experience IN the command OF
troops during the last civil Bu. he Is u very
that il he had remained In Florida edit the minutes
Of tho Board Mr.. Mcltn aud DR.. Cowgirl would never
have been suffered 10 attest Sy neir own sg9aure ar
Tiden electors had u kept within us legal powers
ARGUMENT OF COUNSEL FOR DEMOCRATIC ELEC-
TORS.
We have thus far discussed the whole before
your honorable Board II you had been sitting TO pass
upon the legality OF the election held in this state for
Presidential electors, with power to decide to which
persons claiming the certificates they should be prop
ery awarded We're your functions as ample as APP
pears have supposed from the wide range Of
inquiry that has taken place and from the mode in
which the has boon presented before you We sub
confidently that We have shown beyond doubt such
errors and frauds In Alachua, Duval and Jefferson
counties as taken in connection with the fraudulent
and false return from Bakcr county and tho plain
Clay county have established concusvely tho exist
ence OF large majority reaching 70 several hundreds
in favor OF the Tden and Hendricks electors What
we about 70 say proceeds from
NO doubts entertained by US as to tho
issue Of controversy conducted with ro-
gard to all the facts connected with the late election
But conceive Il to be duty which we owe alike TO
ourselves and your honorable Board that We should
endtavor to present precise and accurate definition
OF your functions aud powers and that II these arc
once your action in this matter should be
circumscribed within their limits
DUTY BOARD.
Section OF the Election law OF 1879 prescribes your
dutes and defines your powers Under this iegisa-
tion il made tho duty alter the holding Of any cleo
tIon tho Secretary OF STATE the Attorney General
and the Comptroller Of Accounts, to the olce
OF The Secretary pursuant 10 notice, and from Board
or State Canvagry to proceed 10 canvass the returns
Of said election aud determine ami declare who shall
have been elected. shown by such returns. II any
such returns shall be shown or shall appear 10 be SO
irregular falsc fraudulent that the Board shall DO
unable determine true vote, they shall certify
and shall include such return their deternna-
on and declaration. and the Secretary OF State shall
preserve and ho bis office all such returns together
with such other documents and papers may have
been reserved by him or by sald Board OF Canvassers.
1t Is evident, therefore. that the duty OF ,hs Board
alter a oi the county returns IS to determine
declare who shall have besn elected 10 any Of the
css - "a % as shown ~ seo
x2sh determination thereby II shall not be included in
tna lna determination aud declaration, put shall be
thrown out. Your specific duties arc. therefore. OF
limited precise naturc-viz 10 receive the Returns
from them. and them alone to determine and de-
clare the result OF the election, excluding from
sidsration all such shall appear DO returns
because tainted by fasehood irreguarty gross
10 make il impossible determine tncrefrom the
vote cast The means performing his specific duty
are course, furnished by implication 10 The Board,
bot no olhers the appear TO bc regular aud
are false, fraud ilent irregular that
50 irregular be incapable OF conveying the norma
ti"n which return should give) your duty Is shen
aritnmetical computation Of all the votes
thereby exhibited and " make and sign certificate
containing The whole number of votes gwen for each
Office aud each person tor each office, and 10
II TO be recorded IT. the other hand II shall APP
pear you inspection Of any OF the returns
regular as 10 make il impossible TO determine there.
IRON the true vote Or IT. by proper evidence other
wse you shall be convinced OF the alsty or fraud Of
return IL becomes your duty TO throw out su6h
| turn, and mako the required determination and
declaration without computing therein tho irregular
OF false return. You may thus, ehor by inspection
or by proof Otherwise decide upon the question Of
cluson irregular or false return, but here your
authorized 70 Try and determine tbe qualifications Of
the several polls, nor the qualifications OF
election officers, ncr the regularity Of their proceed
ing tho fraud or faisehood OF either election officer or
voter II the return sufficiently regular to enable you
10 from the result OF the vote contained Ia
IT, and itself false fraudulent asa return, you
cannot go behind It. No matter what the irregularities
In the conduct OF the election by the election officers,
no matter what the Irregularities OF those purporting
TO voters II the return transmitted to you sul
cienty regular ana a. return unalnteo oy rauu or
lasenOod u is for you not only the evidencc Of what
is contained in IT, but exclusively possesses this
character that yon forbidden 10 look outside Of
beyondit.
CERTIFY RESULT.
You not TO try the election. but merely TO certify
It's result SO far rs contained in and appearing from
that which the law for the purposes OF tho certificate
which you required TO give under II, makes the cx
cusvo evidence OF the result thus certified. This ap-
pears be abundanty clear from the words made
Of In this carefully drawn section, and which
leaves no doubt OF the intention OF tho law
MAKER There 10 throughout the enactment eau
tious usc OF words aud precision OF language
which accurately convey the precise thought IN the
mind OF the draughtsmar, There Is really room Tor
DOUBT when tce law from the words made
use oil the in wuch they arc found, illus
trated by tho unhrokcn usage every State OF The
Union except the State OF louisiana which Is tho
plague spot OF our election system. But, In looking
outs do Of the words and cuntcxs Of tho act and IN
turning the subject matter the effects and conse
aucuccs and tho spirit and OF the law tho
s,ruction which has been presented BY becomes still
clearer. Were so, considerations apart