The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-30
senator Sarge ats Report on the
Florida Election.

2 " EOa hoDAt, OnuunIS ~ Souobok
Sargent to day submitted 10 the Senate q
report of the special committee Of that
body appointed to investigate election
matters IN Florida. After reciting the
resolutions under which the committee
scted, and setting out the election law of
Flerida, it proceeds to state and discuss
the action of the State Canvass
ing Board, showing that it made
, preliminary canvas of the returns on
their face, giving to the Hayes electors
As majority. The Board then commenced
10 hear the contests, holding its sessions
in public. The committee say that tie
course subsequently pursued by the
Board in this matter was exactly in &C.
cordance with its practice in 1874, when,
by the written advice OF the Democratic
Acknowledgement and of Democratic
lawyers, it went behind the returns for
the benefit of the Democratic party.
The result of this canvass was $50
majority for the Hayes electors. The
committee argue at length that this
count was legal and constitutional, and
that the Board had a right to seek the true
vote behind the returns under the statute
which created it. Tney say a statute
enacted pro bono pubLico TO prevent elec-
ton frauds, should be benefcislly con.
strued. The report then goes on to ar
que that the finding OF the Board is con-
elusive, and cannot be revised By re-
canvass, or resched by a writ Of quo Dar
ranto, because the electors are
functus o6fcio, or reversed by Con-
gress because the Constitution lodges
the whole power in the State. A great
many authorities cited sustain these posi-.
tions. A distinction is drawn, however,
in the case of the ministerial certificate
OF Governor who is not 3 member of
the Board, and has no power to decide
anything. 1t is argued that Congress
may look behind his certificate to ascer
tain the facts. rs court may 90 behind
y mere ministerial certificate of the
clerk. purportins 10 verify the judgment,
to see what the judgment really is, but #
Congress can revise the action OF the
Board, it must go TO the bottom Of the
poll and ascertain the true vote in all
contested counties; it would have to 90
Us far as court in qlo wsrrsnto pro.
ceeding. Such an attempt would not be
made, tor there is not time, and any.
thing less would be unjust, for by going
to the bottom of the poll, the Com
mittee say they would show, accord
ing to evidence taken by them, that
the Hayes electors had more than $50
msjority. The report then proceeds
TO discuss the testimony In detail. In
Alchua county the comnitte examined
individual voters at both of the Archer
NO. and No. p precincts, and report
the assertions that, instead OF Repub-
lican fraud, there Was Demo
cratic fraud OF over 100 votes
in those precincts. The committee quoted
largely from the testimony, and present
n considerable amount of argument in
support OF this assertion. They also pre-
sent evidence 10 show that Il rallresd
train Of passengers voted the Tilden
ticket IN Waldo precinct, although
citizens Of other States. In regard to
Baker and Duval cOunties, the commit
tee say it is shown that the State Board
ha, decided that the only legal return
before them from Baker county was
that Of the county judge and his sssoci
ates; that they so decided the first day
aud simply adhered to that decision in
the recanvass made under order of the
Supreme Court. They, however, pre-
vious 10 that order went - the precinct
returns for tae true vote, but when the
court made its order they required to
the return which they had at first
adjudged to be the only legal
one. The committee claim to show
that the county clerks paper was
in no sense q return and hsG not At
any time been treated ~ such, and that
It could not be so treated, because the
pers Ms necessary to make the legal can
vsss we're not present, as they were IN
Duy-l county, which the Democrats in
sist j. a parallel Gaze. The Com mmittee
how .ver, claim TO make it very apparent
that here is vital difference between
both cases, and say that if the face Of
the returns Is 10 rule, it should rule in
Baker county, where At most there was
q misguided zeal, ss well rs in Jackson
couRty, where there was premeditated
rascality. Counting all the returns on
their lace, and taking even the pre-
tended returns made BY the county clerk
of Baker county. it will still leave Hayes
a small msjorlty. The committee say
that they carefully examined irto tie
election in Duvsl county, and found 1t
honest, but in Jackson county they found
evidence of 250 fraudulent Democratic
votes, which they proceed 10 set forth
very fully. They state ihs: they fouod
many indications OF fraud and much ln-
timidstion Of voters st precinct No. 5,
Key West, 10 Monroe country. In Man
stee county they say the election vas
Democratic farce. In Hamilton county
the returns Of the electoral vote were
inter!ined into the returns OF one pre-
cinct several days after they were
signed and delivered 70 the county clerk,
and unauthorized persons made can
ysss in another precinct, the officers
signing the returns having no personal
know ledge OF their correctness In JEFF
ierson and Columbia counties there was
violent intimidation of the co!ored yo.ers,
and soclsl and business yessecu.
ton in many counties. A system
Of marked tickets wss employet 20 COM
De! The colored men to vote the Dem
ccrsii. ticket, the details OF which are
fully Sc, out. Other counties aDd topics
are slso DISCUSSED in detail. The report
vss adopted BY all the Republican mem
bers OF the Committee on Privileges and
Elections