Daily Los Angeles herald., 1880-09-15

the Republican party. the people
In their majesty elected Samuel J.
Tildeu President, not only by .
majority of more than . quarter of
. million Of the popular vote, but
BY q clear majority of the electors
appointed by the States respective.
ly. To overcome this majority and
continue itself in power required
the commission Of o crime without
Q parallel In the history Of free
governments. No sooner was 1t
known that the States Of South
Carolina, Florida aud Louisiana
had cast their votes for Mr.. Tilden,
than . conspiracy was set on foot
by the leaders OF the Republican
party to count them for Mr.. Hayes,
without every one of which his
election was impossible. The
machinery for making the false
count was all in their own
hands, and they resolved to use it.
With this view emissarles were
sent to those States, the State Can
wasting Boards in which were all
under their control, and in some
instances composed of the most
disreputable characters. Presi-
dent Grant Issued an order to the
army to protect these Boards in
their action. This, together with
the rewards of Office, was all they
needed to induce them to give GER
tificates OF election to the Hayes
electors, notwithstanding they had
been clearly defeated at the polls
In Florida and Louisiana. The
State cAnvassers In Florida, arbi-
trarily, and without authority, and
without cause, amended and threw
out returns from different coun-
ties in the State, and thereby
changed the result Of the vote of
the people SO az to give Stearns,
the Republican candidate for Gov
ernor, and the Hayes electors q
majority. When this result was
announced, Drew, who had been
the Democratic candidate for Gov
ernor, applied to the Supreme
Court of the State for o mandamus
to compel the State canvassers to
restore to their canvass the. elimi-
mated precincts. The court decided
that the State canvassers had no
power under the laws of Florida to
eliminate votes; but they were
bound to count every lawful vote
put into the ballOt-box, and in obe-
dience to the order Of the court,
the State canvassers returned to
the canvass the rejected precincts,
and certified to q majority for
D.ouy xuhn thorasppnO fooIr hic
place as the lawful and accepted
Governor Of the State. The Tilden
electors also appealed to the court,
and before the casting of the votes
by the electors on the 9th day of
December, 1875, filed o quo Wdr-
rdnto against the Hayes electors,
In which 1t was alleged that they,
the Tilden electors, were the law.
full claimants of the office, and that
the others were usurpers. The TIL
den and Hayes electors each met
separately ut the appointed time
and cast their votes for their re-.
spective candidates. The quo war-
r0nto proceeding did not reach a
final hearing till after Dec. 6, the
day appointed for casting the votes
by the electors. But the judgment
OF the court in the quo aUarrdnt0
proceeding was rendered in Janu-
airy, previous to the time OF the
meeting of the Electoral Commits
sion, and was as follows:
1t is therefore considered and adJudg.
Hayes electors. Humphries and So on,
were not, nor was any ono Of them elect
| ed, chosen or appointed rs such electol
| or electors, or to receive certificates Oh
certificate of election or appointment a.
such electors or eIector, and that said
respondents were not upon the said 9Th
| dag Of December, or at any other time,
entitled to assume or exercise any of the
powers and functions of such electors or
elector, but that they were, upon the said
day and date. usurpers; and 1t is further
considered and adjudged that the said
relatore. Robert Bullock, Robert u. Hill
ton, Wilkinson Call and James K.
Young these are the Tilden electors), all
and singular, were at said election duly
elected, chosen and appointed electors
OF President and Vice-President of the
United states, and were, on the 9Th day
| OF Decem Der, 1879, entitled to be declared
electors and to have and receive certifi.
Gates thereof, and upon the said day aud
date and at all times since, to exercise
and perform all and singular the powers
|
and enjoy the pay and emoluments
| thereof.
The Legislature of Florida, in
view OF the fact that Drew had be.
come Governor on the 18th of jan
uary, 1877, passed Gan act to pro-
vide for a canvass according to the
laws of Floridv, as interpreted by
the Supreme Court, of the votes for
electors of President and Vice. Pros
ident, cast at the election held
Nov. z, 1876" In pursuance of
this act q recount was had, which
resulted in giving a majority to the
Tilden electors. And thereupon
the Legislature passed an act de.
claring the Tilden electors to have
been duly elected. Thus all the
departments Of the Government OF
Florida-its executive, Its legisla-
tive, and its judicial departments
all decided that the Tilden electors
were duly elected, and entitled to
cast the vote Of the State for Presi-
dent.
All these facts were laid before
the Electoral Com mission, which
convened Jan. 81, 1877. In behalf
Of the Hayes electors 1t was insist
ed that they all went for nothing,
but that the certificate of Governor
Stearns to the election of the Hayes
electors, based on the fraudulent
and false count OF the State can
vassers, was conclusive. The Com
mission decided, eight to seven, as
follows:
That 1t was not competent to 20 Into
evidence 70 show that other persons than
those regularly certified to by the Gov
ern0r Of the State OF Florida, according to
the determination of their appointment
by the Board Of State Canvassers 'spriol
TO the time of the performance of theiI
duties had been appointed electors, or by
counter proof to show that they had not
and that proceed ngs of the Courts, OF
acts Of the Legislature, or OF the Execu.
tive of Florida subsequent 10 the casting
OF the votes Of the electors on the pre-
scribed day are inadmissible Cor any
such purpose"