The New York herald., 1877-02-06
THE GREAT ARGUMENT.
Messrs. Evarts and O'Conor on the
Powers Of the Commission.
LEGAL FORM VERSUS THE MERITS.
Republicans Anticipating a Victory
on the Florida Case.
DEMOCRATS DESPONDING
Difficulties Regarding the Opening
of the Canvass.
ATTENTION TURNING TO LOUISIANA.
The Democratic Case as Prepared for
Presentation.
DEMOCRATS DESPONDING
Difficulties Regarding the Opening
of the Canvass.
ATTENTION TURNING TO LOUISIANA
The Democratic Case as Prepared fol
Presentation.
[ynox OUR SPECIAL conRrsposprxr,1

WASHINGTON. Feb. 8, 1871
Tho republican claim ter Florida rests, by the ar.
guments Judge Matthew'S and others before Eec-
Iorai Commission, not the Governors certificate
and not on the majority of votes but ON the return
made BY the State Returning Board. The electors,
sad Judge Matthew's chosen by tho people, voting
1t their precincts; the consolidated by county
officers and their consultations then reported by
them again to a third and highest and last returning
officers canvassng board who, receiving these ro-
turns from all the counties tho State exercise the
powers conferred upon them by law, and make that
tho consum mmation OF tho appointments of
he electors Even II Investigation made
after these electors havo acted should
show that they were not the choice OF the ma.
orty Of the voters Of the State. they would still be
the proper electors Judge Matthews held and even
exercising the powers conferred 1t by law, should
not have tho Governors certificate they would still be
the proper eectors
This statement, which is tho strongest and most
precise yet made by tho republican sde is intended
10 Oregon well Florida 1t Is probably in
tended to cover Louisiana as well the other two
and there general impression 1t may carry Florida
for tho republicans before the commission for Il is
acknowledged to be In many respects a tenabc posi-.
tion
The democrats will try to show the Florida Return.
Ing Board acted in violation law. but they may
succeed the satisfaction of the commission and the
argument that State authorities control
the electors after they have acted that fact
9th Of December, tho day on which they meet, con-
cudes the whole proposition far as State interior
ence II concerned, thought to be conclusive.
Hence there has eager discussion ABOUT the bear
Ing Of these propositions the Louisiana case which
will follow that of Florida. II the commission should
on these grounds gvc Florida to the republicans or
No. is fhe true and valid certificate, how would this
Affect LouisianaS Those democrats who havo most
slosey studied the Louisiana confidently
II the commission shall accept the propositions laid
down by Judge Matthews as fundamental aud correct
it must shose grounds either throw out Loulsana's
vote give the State to the democrats The is
put this way:The republicans hold that tho deci.
sion Of tho Returning Board, 'excrcislng tho powers
conferred upon 1t by law, Is nal and Is the 'comple
ton and consummation Of the appointment of the
said they could that the decisions OF tho
Returning Board In violation OF the law creating 1t
sould bo eifcacious But democratic counsel will
bring forward proofs when Louisiana comes before
the commission intended to establish tho following
points,
First-That by the rtatutes Of Louisiana the Wells
Returning Board had authority power to canvass
the vote for Presidential electors but that tho Can
vassng Board charged by the State with this ausy
consists Of the Governor Secretary Of State, Attorney
General and district judge any two of them with
the Governors that therefore, the whole action OF the
Wells Board far relates Presidential electors
was usurpation OF power aud without authority OF
law
Second-That even II the Returning Board had had tho
authority tho for electors this must
be done under the general law creating and defining
and limiting Its powers, and that IL violated this law
In many ways, and thus mado action aud decision
OF iorcc valuc.
7Aird-That the law requires that tho Returning
htca parties whereas the Wells Board consisted OF
but tour persons, all republicans, who absolutely and
repeatedly refused 10 choose lfth democrat the
law required them to do.
F0urth-That the law creating the Board, and from
which alonc II derives any power or authority, OK
pressy declares that all protests for intimidation
other Irregularities at the polls must be made within
twentyfour hours, certain prescribed forms, and
must accompany tho county returns. Unless made
the voto is not to be counted; but 1t will be shown
hat many and perhaps most the protests did
not accompany the returns and were not made within
the twenty-tou hours but often days atterward d
New Orleans
Eyfh-That the law requires the Board TO canvass 1
and compile the statements Of the Commissioners Of
Elections and that the oard In violation OF the law.
declared themselves bound by the returns OF tho Su-
pervisors of Registration. different set OF officers
yizM-lt Will be shown that in only one case IN tho \
whole State did the Commissioners Of Election or tho
Supervisors Of Registration send to tho Returning
Board protest statement alleging in the
Iorm, within the time and in the manner required by
law. In this single which intimidation was !,
charged IN the proper form and time republican Of u
hcals, 1t will be shown, alleged republican intimda-
lion, but the Board Instead OF institutng inquiry, 4
1imply counted tho protested returns for rcpubl
san party
shown In a speech by General Gibson, that tho vote
Gust IN Louisiana last November larger In proper
ion W the voting popuation and larger even In pro-
portion to the registration, than in Northern Satcs
hat whIlc Illinois cast 100 to every l27 males
,vcr twenty onc, Maine 100 votes to every l2O
males twcnty-one, and New York cast 100 votes
every lis males over twenty years. the returns
how Louisiana, with bad roads and distant polling
places, 100 every 119 males twenty
me years and that while the OF democratic New
)roans but slightly increased 1874 tho vote
u the country parishes where intimidation alleged
Eas increased over l, 400 IN two years
Eighth--It will be shown that In several cases the
seurnins Board passed parish return At the public