The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-02
rns @nsArE REPORT ON FLORIDA,


Haviag sep,sa the state, TAey NEW Gem
arasaiats Themselves That
There IL not Time 80
stis hi the wreng.
WARRINGTON, Jan, Ex-senator Sar4
gent to-day submitted Ia the Senate the
report OF the Special Committee Of that
body appointed TO investigate election
matters In Florida, After feeitlbg the
resolutions under which the Committee
acted. and setting out the election law
puss the action or the State Canvassihg
Beard, showing that II made n prelima
mary canvass Of the returns, on their
face, giving to the Hayes Electors forty
i've mbiofity, The beard then eoms
meneed TO hear contests, holding Its
ienHions Ia public. The Committee say
the uourae subsequently pursued by the
Board In THE matter waH exactly IN hoa
oeraanee With its practice In 1874, when,
by the written advice Of The nemoetat,o
Acknowledgement and OF Democratic
lawyers, II went behind the returns for
the benefit Of the Democratic party.
Tho result Of thiH canvass was LOB ma"
jority for the Hayes Electors. The
Cnmntttee argue at length that the
count was legal and constitutional. and
that the Board had the right TO seek the
true vote behind the teturns Under the
statute which created IT., They cay A
State law enacted pro bone r.otseo to
prevent election frauds, should be hene'
ifeially construed"
rhe report then goes on to argue
that tho finding OF the board Ia CON
nluaiye, and cannot be revised by a re-
canvass or reached by writ OF quo
tpdrfdnto. because the. electors are
fttaetas aftets, OF reversed by Congress,
because the constitution lodges the
whele power Ia the State. A great
many authorities are cited TO maintain
these poeitionb. A distinction Ia drawn,
however. Ia the case OF u ministerial
certificate Of O Governor, who is not Il
member of tho board, and has no power
Go decide anything. II is argued THAT
Congress may look behind his oertifla
cato Go ascertain tho facts, as o court
may go behind the mere ministerial
certificate Of n clerk supporting to verify
u Judgment to sec what the Judgment
really -. But II Congress can resiae
tho action OF tho board, Ii n1uHt 20 to
the bottom of the poll, and ascertain
tho true vote in ell the contested eoun.
tiea, It would have to 20 az far ~ n
court In Il quo tedfrdnto proceeding.
Such an attempt would not be made,
for there In no time; and anything less
would be unjust, for going TO the bot
tom Of the poll, tho committee, say.
would show, according TO tho evidence
taken by them, that the Hayes electors
had more than $40 majority.
The report then proceeds to dlsouss
the testimony In detail.
In regard to Baker and Duval ooun-
ties, the committee say that IL ID. shown
that the State Board decided that the
d only legal return before them from
Baker county was that OF the county
Judge and hia associates. They. how.
ever, went TO tho precinct returns for
the true vote. but when the Supreme
Court made its order they REQUIRED to
tho return which they had first adjudged
60 be the only legal one. The commit.
tee claim 10 show that the county clerk 9
paper was In no aers u return, and had
not at any time been treated rs such,
and that IL could not be 30 treated be-
cause the persons necessary to make u
legal canvass were not present, as they
were In Duyal county. which the Demo.
Gratis insist Ia parallel case. The
committee, however. claim to make IL
very apparent that there is vital differ.
ance between the two cases, and say II
the face of the returns Is TO rule. IL
should rule In Baker county. where, at
most, there was misguided zeal. rs we'll
as Jackson, where there was premedi.
tated rascality.
Counting all the returns on their face,
and taking even the pretended return
made by the county clerk OF Baker,
will still leave Hayes small majority.
The committee says Il has carefully OK
anined into tho election In Duval
county, and found 1t honest; but In
Jackson county they found evidence OF
two hundred and fifty fraudulent votes,
which they proceed to set forth very
fully. They state that they found
many Indications of fraud and much
intimidation OF voters at Precinct No.
3, Key West, In Monroe county. In
Mantee county they say the election
was Democratic farce. In Hamilton
county the returns Of the electoral vote
were underlined into the returns OF one
precinct several days after they were
signed and delivered to the county
clerk, and unauthorized persons made
the canvass in another precinct, the
officers signing the returns having no
personal knowledge Of their correct
ness. In Jefferson and Columbia coun-
ties there was violent intimidation of
colored voters, and social and business
prescription. In many counties sys-
tenn Of marked tickets was employed to
compel colored men to vote the Demo
cratic ticket. the details OF which are
fully set out. Other counties and topics
are also discussed in detail. The report
was adopted by all the Republican
members of the Committee on Privi-
leges and Elections.
-
GRANT AND LOUISIANA.