CONGRESS, UNITED STATES (ELECTORAL COMMISSION). 



207 



time of the appointment of the electors in said 

 State, to wit, on the 7th day of November, 1876, and 

 for a number of days previous and subsequent there- 

 to, holding an office of trust or profit under the 

 United States, to wit, the office of Commissioner of 

 the United States Circuit Court for the district of 

 Louisiana, and his subsequent appointment by the 

 other electors was not only without authority of 

 law, and void, but it was knowingly and fraudulent- 

 ly made for an illegal and fraudulent purpose. 



VI. The undersigned especially object to counting 

 the vote cast by the said O. H. Brewster, for the rea- 

 son that the State of Louisiana was forbidden by 

 the Constitution of the United States to appoint the 

 said Brewster an elector, because he was at the time 

 of the appointment of electors of said State, to wit, 

 the 7th day of-November, A. D. 1876, and for a num- 

 ber of days previous and subsequent thereto, hold- 

 ing an office of trust or profit under the United 

 States, to wit, the office of Surveyor-General of the 

 Land Office for the land-district of the State of 

 Louisiana ; and any subsequent appointment of the 

 said Brewster as an elector by the other electors was 

 not only without warrant of law, and void, but was 

 made knowingly and fraudulently for an illegal and 

 fraudulent purpose. 



VII. The undersigned object and insist that under 

 no circumstances can more than six of the eight 

 electoral votes cast in Louisiana for Eutherford B. 

 Hayes and William A. Wheeler be counted, for the 

 reason that at least two of the persons casting such 

 votes, to wit, A. B. Levisse and O. II. Brewster, 

 were not appointed electors by said State ; and they 

 further object especially to the vote given and cast 

 by William P. Kellogg, one of the pretended elec- 

 tors of said State of ILouisiana, because the cer- 

 tificate executed by himself as Governor of that 

 State to himself as elector of that State is void as to 

 him; and creates no presumption, and is no evidence 

 in his own favor that he was duly appointed such 

 elector, and there is no other evidence whatever of 

 his having been appointed an elector of said State. 

 And they furthsr object to the said Kellogg, that by 

 the constitution of Louisiana he was not entitled to 

 hold both offices, but was disqualified therefrom, 

 and that on the day of casting the vote aforesaid, 

 and on the day of the election for electors, and after 

 those days, he continued to act as Governor of the 

 State, and that his vote as elector is null and void. 



VIII. Because the certified lists of the names of 

 the said Kellogg, Burch, Joseph, Sheldon, Marks, 

 Levisse", Brewster, and Joffrion, as the duly ap- 

 pointed electors for the State of Louisiana by Wil- 

 liam P. Kellogg, claiming to be, but who was not, 

 Governor of said State, were falsely, fraudulently, 

 and corruptly made and issued, as a part of a con- 

 spiracy between the said Kellogg and the said re- 

 turning officers Wells, Anderson, Casanave, and 

 Kenner, and other persons, to cheat and defraud the 

 said McEnery, Wickliffe, St. Martin, Podie", Do 

 Blanc, Seay, Cobb, and Cross, of the offices to which 

 they had been duly appointed as aforesaid, and to 

 defraud the State of Louisiana of her right to vote 

 for President and Vice-President according to her 

 own wish, as legally expressed by the vote of the 

 people at the election aforesaid. 



For which reason the list of names of the said 

 Kellogg, Burch, Joseph, Sheldon, Marks, Levisse", 

 Brewster, and Joffrion, as electors, and the votes cast 

 by them, are utterly void ; in support of which reasons 

 the undersigned refer to the Constitution and laws 

 of the United States and of the State of Louisiana, 

 and, among other, to the evidence taken at the pres- 

 ent session of Congress by the committee and sub- 

 committees on Privileges and Elections of the Sen- 

 ate, the select committee and the sub-committees 

 of the House of Representatives on the Recent Elec- 

 tion in the State of Louisiana, and the committee of 

 the House of Representatives on the Powers, Priv- 

 ileges, and Duties of the House of Representatives 



in Counting the Electoral Vote, together with papers 

 accompanying said evidence. 



ELI SAULSBURY, 1 



j. E. MCDONALD, 



J. W. STEVENSON, 



L. V. BOGY, 



DAVID DUDLEY FIELD, 



G. A. JENKS, 



R. L. GIBSON, 



JOHN R. TUCKER, i- Represen- 



W. M. LEVY, tatives. 



E. JOHN ELLIS, 



WM. R. MORRISON, J 



The Presiding Officer : u Are there further 

 objections to the certificates from the State of 

 Louisiana ? " 



Mr. Gibson : " I have the honor to offer ob- 

 jections to the certificates of the electoral vote 

 of the State of Louisiana signed by William 

 Pitt Kellogg on behalf of the State of Lou- 

 isiana." 



The Presiding Officer : " The Clerk of the 

 House will read the objections presented by 

 the member from the State of Louisiana (Mr. 

 Gibson). 



The Clerk of the House read as follows : 



The undersigned, Senators and members of the 

 House of Representatives of the United States, ob- 

 ject to the certificates and electoral votes of the State 

 of Louisiana signed by William P. Kellogg, J. H. 

 Burch, Peter Joseph, L. A. Sheldon, Morris Marks, 

 A. B. Levissc", O. H. Brewster, and Oscar Joffrion, 

 for the following reasons : 



1. The Government of the State of Louisiana, as 

 administered at and prior to the 7th day of Novem- 

 ber, 1876, and until this time, was and is not repub- 

 lican in form. 



2. If the Government of the State of Louisiana 

 s was and is republican in form, there was no canvass 



of the votes of the State made on which the certifi- 

 cates of election of the above-named alleged elec- 

 tors were issued. 



3. Any alleged canvass of votes on which the cer- 

 tificates of election of said alleged electors are claimed 

 to be founded was an act of usurpation, was fraudu- 

 lent and void. 



4. The votes caFt in the electoral college of said 

 State by Oscar Joffrion, "William P. Kellogg, J. II. 

 Burch j Morris MarkSj are not electoral votes, for that 

 the said Oscar Joffrion, Willii.m P. Kellopg, J. H. 

 Burch, and Morris Marks, are and were ineligible 

 by the laws of Louisiana, and were dipqualified ; 

 for by the constitution 01 the State of Louisiana, 

 section 117, it is provided that no person shall hola 

 or exercise at the same time more than one office of 

 trust or profit, except that of justice of the peace or 

 notary public ; whereas on and prior to the 7th day 

 of November, 1876, and until after the 6th day of 

 December, 1876, W. P. Kellogg was acting de facto 

 Governor of said State ; Oscar Jofl'rion was Supervi- 

 sor of Registration for the parish of Pointe Couple, 

 in said State ; Morris Marks was a District Attorney 

 for one of the districts of eaid State and candidate 

 for District Judge, and was elected at said election ; 

 and J. H. Burch was a member of the Senate of 

 said State, also a member of the Board of Control of 

 the State Penitentiary, Administrator of the Deaf 

 and Dumb Asylum, both salaried officers, and Treas- 

 urer of the School Board of the parish of East Baton 

 Rouge. 



5. In addition thereto, said Oscar Joffrion was 

 specially disqualified by the 13th section of the act 

 of the Legislature of said State, dated the 24th day 

 of July, 1874, which provides that no Supervisor 

 of registration shall be eligible for nny office nt any 

 elction when said supervisor officiates ; and the said 



