304 



FLORIDA. 



the order of the court, on the 27th of December, 

 and adopted a resolution to canvass the returns 

 from each county according to the face of said 

 returns, unless said returns show their falsity 

 on their face ; and that the same principle be 

 adopted as to the returns for members of Con- 

 gress and the Legislature as was adopted in rela- 

 tion to the returns for Governor and Lieuten- 

 ant-Governor. All the county returns were 

 canvassed in alphabetical order without ques- 

 tion or division, except those of Baker, Clay, 

 and Duval Counties. From Baker County there 

 were three papers purporting to be returns, 

 two being duplicates and signed by the county 

 clerk and justice of the peace, and the third 

 being signed by the county judge, sheriff, and 

 a justice of the peace. The return signed by 

 the county judge was accepted by a majority 

 vote, the Attorney-General favoring the other. 

 The difference was, that two precincts were 

 omitted in the judge's return, but the Secreta- 

 ry of State and Controller claimed that they 

 must take the one which came the nearest to 

 being correct in form. The return of Clay 

 County was thrown out altogether by the vote 

 of the Secretary of State and Controller, and 

 against that of the Attorney-General, on the 

 ground that it was false on its face, one pre- 

 cinct not having been counted by the county 

 canvassers. The Attorney - General favored 

 excluding the return of Duval County because 

 it was not signed by the county judge, but the 

 majority decided to canvass it. The vote stood 

 after this canvass: For Governor, Drew, 24,- 

 179; Stearns, 23,984 Drew's majority, 195; 

 for Lieutenant - Governor, Hull, 24,243, and 

 Montgomery, 23,895 ; for Congressman in the 

 first district, Davidson, Democrat, had 540 ma- 

 jority, and in the second district, Bisbee, Re- 

 publican, had 319 majority. The vote for 

 electors was 24,205 for the Republican ticket, 

 and 23,999 for the Democratic, making the ma- 

 jority of the former 206. The report of this 

 canvass was submitted to the Supreme Court 

 with a protest signed by Samuel B. McLin and 

 C. A. Cowgill. The material portion of the 

 protest was in the following terms: 



They respectfully, but as of right, enter their pro- 

 test against doing and being required to dp any and 

 all the things of them ordered by the said writ of 

 the said Supreme Court, and in connection there- 

 with they deny that the court could rightfully take 

 jurisdiction of the said proceeding, and assume to 

 issue said writ against them, because they say the 

 election, the returns of which they are directed now 

 to recanvass, was a mixed election, being partly for 

 the officers of the State of Florida, and partly for 

 Representatives in Congress, of which election they 

 say they were officers within the meaning of section 

 5,515 of the Revised Statutes of the United States, 

 and being such officers they say they were bound to 

 observe every duty by the law of Florida imposed 

 upon them in regard to such election, subject to the 

 pains and penalties by the said section prescribed 

 for neglect or refusal to perform such duties. And 

 as they were not at liberty, under the said election 

 law of Florida, to separate the returns for Represent- 

 atives in Congress from the returns for State offi- 

 cers for purposes of canvass and count, neither can 



the court make order requiring them to canvass said 

 returns separately and by different rules. 



They further say in protest that, as such Board of 

 Canvassers, they did heretofore, to wit, on the day 

 of the 6th instant, assemble, and, as in their judg- 

 ment they thought required by the law of Florida, 

 section 4 of the act approved February 27, 1872, 

 canvass the returns of the election held November 

 7, 1876, being the same returns they are now by the 

 court ordered and required to recanvass ; that in 

 such former canvass some of the said returns were 

 contested for alleged irregularity, falsity, and fraud, 

 in which cases proof was heard by the board, to as- 

 certain, if possible, the true vote cast for the several 

 candidates in the counties or precincts of counties 

 so contested, with result that, in gome instances, 

 the aggregate of votes, as it appeared on the face of 

 some of the returns, was changed by the board to 

 correspond with the aggregate of the true vote, as 

 the same appeared by the evidence, while in other 

 cases the returns were entirely rejected. 



Then follows a statement of the results of 

 the first and second canvasses. 



On the 1st of January, 1877, the Supreme 

 Court quashed the return of the Canvassing 

 Board as no answer to its writ, and issued a 

 new order requiring it to reassemble at once 

 and count the votes for Governor as they ap- 

 peared on the face of the returns, taking no 

 account of the votes for other candidates. This 

 was done on the same clay, and Mr. Drew was 

 declared elected Governor, and Mr. Hull Lieu- 

 tenant-Governor ; and on the day following, 

 January 2d, Drew was inaugurated without 

 opposition. The Legislature also met and was 

 organized with a Democratic majority in both 

 branches. In his inaugural address Mr. Drew 

 said: 



As the contest is over, let us hope that the animosi- 

 ties engendered thereby have died away, and that, as 

 your chosen Executive, 1 may be able 'to rise to the 

 true and broad statesmanship of occupying the posi- 

 tion of the Governor of the State of Florida, and not 

 the head of a political party. Our immense territorial 

 dimensions demand a population commensurate with 

 their capacity. Let us demonstrate by wise measures 

 that our feelings and interests combine to generously 

 invite an immigration that will promote this most de- 

 sirable result. 



Reflecting upon the past only as a guide for the fu- 

 ture, let us endeavor to bring about an era of good 

 feeling between all classes, and build up the prosper- 

 ity of Florida by the combined eiforts of her entire 

 popuHtion. A large portion of that population, re- 

 cently enfranchised, have been taught to feel solicit- 

 ous of the continuance of their newly-acquired rights, 

 if the party of which I have been the honored candr 

 date came into possession of our State government. 

 Their fears are groundless, and our colored fellow- 

 citizens may finally rest assured that their rights, as 

 guaranteed by the Constitution, will be fully sus- 

 tained. It is both our wish and our interest to protect 

 them in all their rights, and to bring about the kind- 

 est feelings between the races. As the Executive ol 

 this State, I shall exhaust every legal and constitu 1 

 tional remedy for the protection of the rights, the life, 

 and the liberty of every citizen feeling that such a 

 course is my highest duty, and most conducive to 

 the prosperity of the State. 



A Northern man by birth and a Union man from 

 principle, I recognize that the Democracy of Florida, 

 in placing me in this position, demonstrate their de- 

 sire for a true and fraternal union of all sections of 

 our common country. That such a union may be 

 firmly established, and ever remain peaceful, prosper- 

 ous, and happy, is the hope of every patriot. At a 



