FLORIDA. 



806 



period in our country's history when the theory of 

 republican government ia undergoing a revere test, 

 it ix tin- <luty of every law-abiding citizen to use his 

 riinn --t ril'orts t'r tho promotion ot' harmony and the 

 (vi'urity ot' those institution!*. 1 hope and believe that 

 the political contest now waging in the Federal arena 

 will IK- peacefully Bottled, and that the chosen con- 

 stitutional agents of the people will bu quietly inau- 

 gurated with tho lull sanction of the honest masses of 

 all purtii-s. 



The proceedings before the Supreme Court, 

 of which an account has been given, pertained 

 directly to tho result of the election for State 

 officers. The persons first declared by the 

 Board of Canvassers to have been chosen for 

 presidential electors received certificates from 

 Governor Stearns, and met at Tallahassee on 

 the 6th of December to cast their votes for 

 President and Vice-President of the United 

 States. While they were in session, notice was 

 served upon them of the filing of information 

 in the nature of a quo warranto by the Demo- 

 cratic candidates for electors. The informa- 

 tion was tiled in the Circuit Court, and was as 

 follows : 



To the Hon. P. W. White, Judge of the Circuit Court 

 of the Second Judicial Circuit of Florida. 



Robert Bullock, of Marion Countv ; Robert B. Hil- 

 ton, of Leon County ; Wilkinson Call, of Duval Coun- 

 ty, and James E. Yonge, of Escambia County, who 

 sue in their own behalf, as well as in behalf of the 

 people of the State of Florida, come now before your 

 Honor, the Honorable William Archer Cocke, the At- 

 torney-General of the State of Florida, having refused 

 to institute proper proceedings in tlie name of the 

 State of Flonda, for the purposes herein set forth, and 

 give your Honor to understand, and inform your Honor, 

 and charge and assert as follows : 



1. That on the seventh day of November, A. D. 

 one thousand eight hundred and seventy-six (1876), 

 at an election legally and duly held in and for the 

 State of Florida, pursuant to notice given and pub- 

 lished by the Secretary of State, as provided by law, 

 for four electors of President and V ice-President of 

 the United States, they, the said Robert Bullock ; Rob- 

 ert B. Hilton, Wilkinson Call, and James E. l:onge, 

 received the highest number of legal votes cast at 

 said election, for the offices of such electors of Presi- 

 dent and Vice-President, and were there and then 

 duly and legally elected such electors of President 

 and Vice-President. 



a. That the said Robert Bullock, Robert B. Hilton, 

 Wilkinson Call, and James E. Yonge. each, are, and 

 were, at the time of such election, and nave ever since 

 been, legally qualified and duly registered electors of 

 said State, under the constitution and laws of said 

 State of Florida, and citizens thereof, and of the 

 United States, and in all respects fully qualified to 

 hold such offices of electors of President and Vice- 

 President of the United States, and are rightfully 

 entitled to such offices; that neither of them, at the 

 time of such election, was, or has since been, or is 

 now, a Senator or Representative in Congress, nor 

 then held, nor has since held, nor now holds, any office 

 of trust or profit under the United States. 



8. That on the sixth day of December, A. D. eigh- 

 teen hundred and seventy-six, Charles H. Pearce. of 

 Leon Countv ; Frederick C. Humphries, of Escambia 

 County; William H. Holden, of Orange County; and 

 Thomas W. Long, of Marion County, usurped the 

 offices of electors of President and Vice-President 

 aforesaid, and have ever since unlawfully exercised 

 the duties and functions of the same, and withhold 

 the same from the said Robert Bullock, Robert B. 

 Hilton, James E. Yonge, and Wilkinson Call: 



.vfore, the said Robert Bullock, Robert B. Hil- 



VOL. XVI. LO A 



ton, James . Yonge, and Wilkinson Call, pray th 

 advice of your Honor in the premuten, arid due prooeM 



of law against the Maid Cliarlc.i 11. Pearce. Frederick 

 ('. Humphries, William 11. HoKlen, and Thorium W. 

 Long, in their behalf to be made to answer bv what 

 warrant or authority they claim to use, exercme, en- 

 joy, or perform the franchise, functions, and powers of 

 such offices aforesaid : and further pray judgment that 

 tho said Charles II. Peurce, Frederick" C. Humphries. 

 W. II. Holden, and Thomas W. Long, are not entitled 

 to such offices, but should be ousted therefrom ; and 

 thut they, the said Robert Bullock, Robert B. Hilton, 

 Wilkinson Call, and James E. Yonge, are entitled to 

 said offices of electors of President and Vice-Presi- 

 dent, and to the powers, functions, and emolument* 

 thereto belonging. 



In response, Judge White issued the follow- 

 ing order: 



In Circuit Court, Second Judicial Circuit of Florida. 

 The State of Florida, ac, rtlatione, Wilkinson Call, 



Robert B. Hilton, James E. Yonge, and Robert 



Bullock, . Charles H. Pearce, Frederick C. 



Humphries, William II. Holden, and Thomas W. 



Long. 



An information in the nature of a quo warranto 

 having been filed in above cause, it is ordered that 

 a writ of summons addressed to the defendants be 

 issued in this cause by the Clerk of the Circuit 

 Court of Leon County, Florida, returnable on tho 

 18th day of December, A. D. 1876, upon which day 

 the defendants above named are required to enter 

 their appearance. It i further ordered that the de- 

 fendants be allowed until the 28th day of December, 

 A. D. 1876, to file their plea, demurrer, answer, or 

 other pleading to the information filed in this cause, 

 and that the issues herein be made up by the 1st 

 day of January, A. D. 1877. It is further ordered 

 that all pleadings and papers in this cause be filed 

 in the office of the Clerk of the Circuit Court for 

 Leon County aforesaid, and that a copy of this order 

 be served with the writ of summons aforesaid. 



Done and ordered at Chambers this December 

 6th, A. D. 1876, at Tallahassee, Flu. 



P. W. WHITE, 

 Judge Circuit Court, Second Judicial Circuit, Florida. 



The case was prosecuted to judgment in 

 January, 1877, and the court decided that the 

 Republican electors did not receive the highest 

 number of votes cast; and it \vas therefore 

 "considered and adjudged that the said re- 

 spondents " (Hayes electors) " were not, nor was 

 any one of them, elected, chosen, or appointed, 

 or entitled to be declared elected, chosen, 

 or appointed as such electors or elector, or 

 to receive certificates of election or appoint- 

 ment as such electors or elector ; and that the 

 said respondents were not on the said 6th day 

 of December, 1876, or at any other time, en- 

 titled 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 

 mere usurpers, and that, all and singular, their 

 acts and doings were and are illegal, null, and 

 void." The court then went on to adjudge 

 the Tilden electors duly elected and entitled 

 "to be declared elected, chosen, and ap- 

 pointed, to have and receive certificates, and 

 on the said day and date, and at all times since, 

 to exercise and perform, all and singular, the 

 powers and duties of such electors, and to have 

 and enjoy the pay and emoluments thereof." 



Meantime tho Democratic candidates for 



