The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-30
THE FLORIDA VOTE.


MAJORITY REPORT OF THE SENATE COMMITTEE
ON PRIVILEGES AND ELECTIoNs-A MAJORITY
FOR HAYES FIGURED-MIsGUIDED ZEAL OF
REPUBLICANS AND pIEMEpIrArED BAsCALIrY
OF THE DEMOCRATS
WASHINGTON Jan. 20, 1871
Senator Sargent to-day submitted to the senate the
report Of special committee OF that body appoint
10 investigate the election matters Florida II
100 foo!scap pages and Is very comprehensive In
regard both to tho law and tho facts After reciting
tho resolutions under which the conn acted and
setting tho election Of Florida II proceeds TO
state and discuss tho action Of the State Canvassing
Board, showing that II mado preliminary can
vass OF the returns their taco, giving to
tho Hayes electors forty.nve majority. Tho
Board then commenced to hear contests, holding
Its sessions In pabic The committee say that tho
course subsequently pursued by tho Board In this
matter was exactly In accordance with It's practice In
1874, whom, by the written advice OF tho democratic
Attorney General and the democratic lawyers, It went
behind the for the benefit OF the
party The result Of this $50 majority
for tho Hayes eectora
LEGALITY COUNT.
The committee argue at length that this count was
legal and CONSTITUTIONAL and shat tho Board had right
to seek the true vote behind the under tho
statute which created IT. Thcy say "A statute enacted
pro bono pubico to prevent election frauds should DO
bcnehcialy construed"
Ing OF the Board Is conclusive and cannot be
revised by recanvass or reached by writ Of qMo
observation-disclosures tho electors filnctus otVcio-or
reversed by Congress- because tho constitution lodges
the whole power In the state great many authori.
ties are cited to sustain these positions distinction
Is drawn. however in tho case OF the ministerial
-ti0tate of-a Governor, who not member OF The
Bourd and has no power to decide anything
II 10 argued that Congress look behind his
tincate TO ascertain facts court may behind The
mere ministerial certificate OF clerk purporting TO
verify Judgment, TO what the Judgment really
but II Congress revise the action Of the Board 1t
must 20 TO the bottom OF tho poll and ascertain the
true vote all contested counties; II would have 90
as far as court IN qmo mdrrdnto proceeding. Such
attempt would not DC made for there Is not time,
ard anything less would be UNJUST; for gong TO the
bottom OF tho poll the committee say, would show.
according to the evidence taken by them, that the
Hayes electors had more than $50 minority. Tho
port then proceeds the testimony detail.
TuE VOTE IN THE CocNTiEs
In Alachua county the committee examine ed tho
| dvidual voters at both the Archer Nos and pre-
cncts. md the report asserts that instead OF repub.
lican fraud, there was democratic fraud Of over 100
votes In those precincts The committee quote largely
from tho testimony, and present a considerable
amount OF argument support OF this They
also present evidence to show that railroad .ran OF
passengers voted the Ticn ticket In Waldo precinct
| although citizens OF other States
In regard to Baker and Duval counties, tho CON-
mco say II Is shown that tho State Board decided
that the only legal return before them from Baker
county was that Of tho County Judge and
day. and simply adhered to that de-
cison IN the recauvaes made under the order OF tho
supreme Court They, however, previous to that
dor went to the precinct returns for the true but
when the Court mudo its order they required TO the
return which they had FIRST adjudged be the only
legal one. Tho committee claim 10 show that tho
County Clerks paper was In return, and had
not at any time been treated such, and that IL could
not be treated, because tho persons necessary to
make legal canvass were not present, thcy
In Duval county, which tho democrats insist Is q
parallel case. The committee, however, clam make
II very apparent that there vital difference between
the two cases, and say:
returns rule should rule In Baker
whero there misguided Is as
Jackson. where there prcmcdtnted rascalfty
Counting all returns their face and taking the
pretended return made by the County Clerk OF Baker, will
still leave Hayes mall majority.
Tho committee say they carefully examined into tho
election In Duval county and found II honest; but IN
Jackson county they found evidence Of $50 fraudulent
fully They state that they found many Of
fraud and much Intimidation OF voters at precinct No
8, Key West, In Monroe county.
In Manitcc county they say the election domo-
cratic fnrco
In Hamilton county the returns OF tho electoral vote
were ntcrlned into the returns OF precinct several
days after thev were signed and delivered 10 the
County Clerk and persons made the can
vass In another precinct the officers signing tho re-
turns hay ing personal knowledge OF Their correct
ness
In Jefferson and Columbia counties thcro was vio.
lent intimidation Of colorcd voters and social and
business prescription In may counties. system OF
marked tickets was employed TO compel colOrcd men
details OF which are fully set Other counties and
topics are also discussed In detail
The report was adopted by all tho republican mem.
bcrs OF the Committee on Privileges and Elections
Mt Cooper gave notice that he will hereafter sub.
mt dissenting report in behalf OF tho democratic
minority.