The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-04
suit and declare thsrofrom who was elected to

and mono ns to which the view established is
more in accordance with the spirit OF our insti-
tutions. separating government into distinct
departments, in which tho Judicial. the legs-
lative and the executive authorities exercise
distinct and Independent functions.
UNLAWFUL ACTION OF STATE cANvAssERs.
BY the genuine returns made to the Board Of
State Cnnvasscrs, the rilden electors were
chosen by n majority Of o.. This result tho
unlawfully rejecting portions OF the votes duly
returned to them. Under the claim Of eycrcis-
ing a discretion with which they had not been
clothed. they excluded the entire return from
Mnnatce County, and parts Of the returns from
the counties Of Hamilton. Monroe and Jackson,
amounting to over 900 votes. and thereby gnve
the State To- the Hayes electors by majority OF
800 instead of declaring the true majority for
the Tilden electors.
UNLAWFUL ACTION CONCEALED.
After the Board had heard the proofs and ar
Ruments before u. i conducted its final confer
ence In secret Federal troops surrounded the
State House, and access was only permitted
through the state officials of which Gov. Stearns
was tho head Throughout the whole canvass
and before the election. he had been alike vigil
liant. interruptions. and determined II was
only on the morning of the 9th OF December
cded to give their certificate to the Hayes cleo
| tors. Al tho same time they announced that
chosen Governor.
TILDEN ELECTORS MEET AND VOTE.
On the same 9th Of December being the day
appointed by law for the Meeting OF the electoral
| colleges tR. g., si35l, the Tilden electors who
| cast in Florida Mt tho election OF 1876. and who
were thereby. by virtue Of the Constitution and
| the laws Of the State OF Florida, duly appointed
the elertors of tho State, met and cast their votes
| IN distinct ballots FOR Samuel j; Tilden Tor
! President. OF the Unitod States. and certified
the same in due form 70 the President oi the
| Senate OF the United States.
ACTION TO TRY THE TITLE OF THE ELECTORS.
On that day. but prior to their meeting. and
prior also to tho assembling OF the Hayes elect
ors. the Tilden electors also brought an action
electors to the Offices which they usurped. In
| that action judgment was subsequently given.
| declaring thnt the Hayes electors were usurp-
crs and had no title to the office. and that the
| Tilden electors had been duly elected thereto
| which judgment romans in full force and effect
| unrcverscd and undischarged.
ACTION TO TRY THE TITLE OF GOVERNOR
At the same time an action was brought by
| Drew claiming 70 have been duly elected as
ing the canvassers 10 reranvass IN" vote OF the
| State for Governor. according 10 the established
law OF Florida. which. liSc thut Of other stat e..
| provides for directing recanvass, or compile
tion OF the canvass. In case OF mistake neglect,
or abuse by the cnnvassing officers; In That
proceeding tho supreme Court ot Florida ad,
Judged and declared thHt the Canvassing Board
had exceeded lts powers and had usurped Il -
cretionnry and revisoty functions not COM
the votes returned to a.. not TO discard them
and directed Il TO complete the canvass OF tho
votes duly returned 10 them.
THE REcANvAss FOR GOVERNOR.
In obedience TO that direction. the Board Of
Canvassers did proceed 10 recnnvass the vote
as elected and thereupon he entered upon the
Office Of Governor. aud has remained such
without question. ever since
In January 1877. the Legislature 81 the State
convened. IL at once declared that II was the
duty Of the state conyassers to also count the
votes for electors. according To- the judgment
rendered Nv tue supreme Court of the State.
and directed that they proceed To- recnnvnSs the
votes accordingly and a. verify the result oi the
election. And the Board of Canvassrrs did
thereupon proceed to recanvRss the votes in ac-
cordHnce with the law rs settled hy the supreme
Court and as ordained and directed ly the
| Legislature. with the result that the Ttden
electors were found to have been chosen by a
The same statute declared the electors shown
10 have a majority On mo reranyass made
the right. and alone having the right. 20 INST the
frent hv tho LEGISLATURE under the Constitution
Of tic United States; AMI also provided Tor a
iawful ANA conclusive nuth"utlcation Of tht
richt Of auch electors 10 cast the vote Of the
S,afe and f-r the issue ol true certificates by tn
State canyUs-rrs and tho issue OF true cetih
Gates hv IN" Governor.
ceedet 20 issue his certificate IN due form Il
$. $780, dec nring ms provided boy law. TIA
voted on the 6'h ot December. the day fixed bi
law. were tho persons appointed 10 the office o
electors for tnui state.
DECLARATION BY THE STATE OF FLORIDA.
! And thus 1t was that the state Of Florida
prior to the second Tuesday IN February. whet
the votes Of the Electoral Colleges were 10 b'
: opened and passed upon and counted IN Con
| gress, as provided hy the Constitution and th'
, | law had duly declared by every department o
| her governmeuf-the executive. Legislative. ant
udicinl-thnt by the votes cast ~ the election
1873 in accorlnnce with the CONSTITUTION OF M,
United States aud the laws OF that state. the TIL
| dsn electors wrrr the true md only elnctors an
| pointed in Florida. and were the only person.
entitled. on the 9th day oi December. 1876. L
4 cas-, the vote Of that State for President an'
Vice Pres ient and that the HAYES electors hn'
usurped the ofIice, misrepresented the choic
, OF the people. and the Wishes Of the State.
UsURPERs RECOGNIZED.
! But il was impossible to get any decision b.
/ the Court on the quo warranto In the few hour
| between tho announcement in favor OF Tn
Hayes electors 10y the Canyassing Board an'
| noon Of that same day. aud Rt noon the p"r
; sons who we're unlawfully declared by tho Stat
| Canyasscrs TO have been ch 1sen electors ne
! | and assumed TO cast the vote of the State 10
Hayes and Wheeler. So that while the usur
, ! nation Of the State Canyassers was correce'
: by the State at the earliest possible moment
l ! and the Canvasscrs. by withho ding thei
4 | declaration. mad themselves fraudn.rntiy pre-
vented ls earlier correction. and although tn
=, | persons who were really elected had duly me
! and voted for President on the law day, never
Z theirss the Electoral Commission decided. be
! ! cnusr Of the fraudulent return OF the Canvass
= | ing Board. and because the Governor ha
b fraudulcntly withheld his certificates from tn
. true electors aud given them to the person
= | falsely returned electors 10y the Canvas M
- Board. that the spurious electors were IN pos
q session OF the office On the law day. and ala -
- crrise the power II tho state. and that all tn
g authorities OF the State combined We're power
q lrsA 10 give evidence. and Congress was power
:
y everybody knew. And Mr.. Hayes holds hi
: title by this decision.
FRAUDULENT ASIMUs OF STATE cANvAssERs.
Il WIS assumed In Florida that the State Can
vassers would exercise power 10 10 behind ia
= returns. and during some days evidence wa
r. introduced and discussions bad before them J
= contemplation OF that probability. II mEi
70 seem therefore. not TO be Just 10 conclude trOi
n the mere assumption by the State Board Of sue
d powers that they intended TO net falsely an
q iruudulrnty. But an examination OF what the
# did Will disclose tG1t their controlling purpus
WAS to count the State. Ht all events for llHyr'
q While fraud pointed out 10y the Democrats WI
a disrrcurdcd. Democratic votes enough were eN
Il cluded. without Just cause To secure the resu
a upon which they had determined.
IL A review Of the votes cast, returned to, mn
a rejected by the State CAnvHssers VIII make clea
v the fraudulent animus which controlled IN
O Republican members of that Board.
= IN REJECTING VOTES.
c The whole vote Of the county OF Manate
= which was 262 for the Tilden and 26 for III
. Hayes electors was relocted for the alleged rHi
= son that there had been no clerk 20 condu 4 I'll
Il registration. That there WAS no clerk was b.
y cause Stearns the Republican Governor. ha
!. failed 10 appoint one for that Democratic count
70 For this oiliclAl derelictiOn on his part IA
3 Board deprived all the voters previously regi,