The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-05
THE FLORIDA CASE.

uenJlal electlOH was 30 Close LHaJ, max
ing due allowance for such sporadic
cases Of fraud and irregular1ty as seem
to attend even the fairest elections held
under our glorious dispensation OF uni
versal suffrage, it is almost impossible
for fair-minded person, not cognizant
Of the actual facts, to satisfy him
self which party is morally entitled te
the benefit of it. But, from purely
legal and constitutional point of view
we have not the least doubt that these
four electoral votes should be given to
Mr.. Tilden.
Let us pass in brief review the argu-
ments used on behalf Of the two politi.
cal parties
| It is claimed by the Republicans that
| the Board Of Canvassers made pre-
linn mary canvass of the returns which
res suited in giving to the Hayes electors
q majority Of forty-fve. They assert,
furt her. that thereafter the board COM
menced to hear contests, holding ses-
ions in public, and that by following
the same course pursued by them In
1874. that Is, by going behind the re-
turns and investigating charges of
fraud, intimidation, etc, they found q
still larger majority for Hayes. Final
ly they contend that the action Of the
board must be held to be final and con-
elusive, because, first, they had the right
to go behind the returns; secondly, the
aI,otoro kaoo ~, !, f,,pot; ff;oio IN flor ,,c+
ing their votes on the 9Th OF December,
and, thirdly, the constitution lodges the
VIII ole power over the electoral vote in
the several States and not ia Congress.
On the other hand it Is claimed by
the Democrats that the pretended show
ing Of a majority Of forty-tive for the
Hayes electors was delusive, and only
brought about by the substitution of
the false for the true returns from
Baker county; that the SECOND canvass
was eminently unfair and partial, and
was based upon the exercise OF judicial
powers, which the board had no au-
thority to exercise; that the Florida
courts have assumed the power to re-
wise the action Of the board, and they
are the exclusive judges Of their juris-
diction in the matter; that a canvass OF
the vote, from the face Of the -eturns,
made under the direction Of the Su-
preme Court, resulted in showing ma
iority for the Democratic State ticket,
and would have shown majority of
about 80 for Tilden il it had been car
ried out with respect to the electoral
ticket; and finally, that there can be no
stronger proof of the true result than
canvass made under the direction of
the highest court Of the State, after q
careful judicial scrutiny Of the returns
and Of the powers of the board.
To our mind this reasoning seems
conclusive. The great question in
volved land it applies to the Louisiana
case as we'll as to the Florida CASE, is
whether the Board had the right to
exercise judicial functions, or was, by
the constitution and laws Of the State,
restricted to the exercise of merely min
isterial powers; and there can be no
doubt how that question should be an
swered. No principle can be advanced
more destructive OF Republican institu-
tons than that a partisan Board of Can
vassers may usurp the functions of a jul
dicial tribunal and determine, except in
a prin1a facie, or preliminary way, CUES
tions Of title to office. This is the pecu-
liar province of judicial, or quasi-iudi-
ciaI bodies. Canvassing boards are sim
ply convenient agencies created by the
laws of the different States for the sole
purpose of receiving election returns
from the various districts Of the State,
the votes actually cast and
the result Of the count to the
proper authorities.
Even the leaders Of the Republican
party confess to themselves that these
lre the proper functions of such boards,
md hence their violent struggle to pre-
-ent Congress, or the Electoral tribunal
e2ently created, from "going behind
he certificates and examining into
he question whether the Florida and
louisiana Returning Boards exceeded
heir jurisdiction and exercised powers
With which they were not constitu-
ionally clothed. They realize fully
hat the strength of their case
les wholly in the strict observ-
nee of what they term the
forms of law" in other words. that
he claim of Gov. Hayes to the Presi-
lency is primn facic claim and must
,e admitted until disproved-they do
lot intimate how. Such was the argu-
uent used in behalf of Pinch back when
le applied for admission to the United
states Senate, but the cracking of the
,arty whip did not avail to stiHe the
onsciences of honest Republican Sen
tors, and we do not believe that it will
vail to impose upon the PEOPLE Of the