CONGRESS, UNITED STATES (ELECTORAL COMMISSION). 



313 



fraudulent tabulations, or to call the attention of 

 this board to any such wrong, if any exist ; 



" That by this system the fate of all other candi- 

 dates but Governor and electors is placed in the 

 hands of a body of Republican clerks, with no check 

 against erroneous or dishonest action on their part ; 



" That fair play requires that some check should 

 be placed upon said clerks, and some protection af- 

 forded to the said candidates against error or dis- 

 honest action on the part of said clerks : 



" Wherefore they respectfully ask that they be 

 permitted to name three respectable persons, and 

 that to such parties be accorded the privilege of 

 being present in the room or rooms where said tabu- 

 lation is progressing, and of inspecting the tabu- 

 lation and comparing the same with the returns, and 

 also of fully inspecting the returns, and previous to 

 the adoption by this board of said tabulation, with a 

 view to satisfy all parties that there has been no 

 tampering or unfair practice in connection therewith. 

 "Very respectfully, 



K t-. C. ZACHARIE. 



" CHARLES CAVANAC. 



"E. A. BURKE. 



" J. R. ALCEE GAUTHREAUX. 



" HENRY C. BROWN. 



" FRANK MoGLOlN. 



* I concur herein. 



" H. M. SPOFFORD, Of Counsel. 

 They, the said Wells, Anderson, Kenner, and Ca- 

 sanaye, acting as said board, expressly refused to 

 permit any Democrat, or any person selected by 

 Democrats, to be present with said clerks and assist- 

 ants while they were engaged in the compilation 

 and canvass aforesaid, or to examine into the cor- 

 rectness of the compilation and canvass made by 

 said clerks and assistants as aforesaid. 



And that said returning board, in pursuance of 

 said unlawful combination and conspiracy aforesaid, 

 and'for the purpose of concealing^ the animus of said 

 board and inspiring confidence in the public mind 

 in the integrity of their proceedings on the 18th day 

 of November, A. D. 1876, adopted and passed a pre- 

 amble and resolution as follows : 



" Whereas this board has learned with satisfaction 

 that distinguished gentlemen of national reputation, 

 from other States, some at the request of the Presi- 

 dent of the United States, and some at the request 

 of the national executive committee of the Demo- 

 cratic party, are present in this city, with the view to 

 witness the proceedings of this board in canvassing 

 and compiling the returns of the recent election in 

 this State for presidential electors, in order that the 

 public opinion of the country may be satisfied as to 

 the truth of the result and the fairness of the means 

 by which it may have been attained; and 



"Whereas this board recognizes the importance 

 which may attach to the result of their proceedings, 

 and that the public mind should be convinced of its 

 justice by a knowledge of the facts on which it may 

 Debased: Therefore, 



" Be it resolved, That this board does hereby cor- 

 dially invite and request five gentlemen from each, 

 of the two bodies named, to be selected by them- 

 selves respectively, to attend and be present at the 

 meetings of this board while engaged in the die- 

 charge of its duties, under the law, in canvassing 

 and compiling the returns and ascertaining and 

 declaring the result of said election for presidential 

 electors, in their capacity as private citizens of emi- 

 nent reputation and high character, and as specta- 

 tors and witnesses of the proceedings in that behalf, 

 of this board." 



But that said returning board, being convinced 

 that a compilation and canvass of votes given at 

 said election for presidential electors, made fairly 

 and openly, would result in defeating the object 

 of said conspiracy, and compelling said returning 

 board to certify that said McEnery, Wickliffe, St. 

 Martin, Poohe", De Blanc, Seay, Cobb, and Cross, had 



been at said election duly chosen, elected, and ap- 

 pointed electors by the said State of Louisiana ; 

 and, in pursuance of said unlawful combination and 

 conspiracy, did afterward, to wit, on the 20th day 

 of November, A. D. 1876, adopt and pass the follow- 

 ing rules for the better execution and carrying into 

 eftect said combination and conspiracy ; that is to 

 say : 



" SEC. 7. The returning officers, if they think it 

 advisable, may go into secret session to consider 

 any motion, argument, or proposition which may be 

 presented to them ; any member shall have the right 

 to call for secret session for the above purpose." 



" SEC. 10. That the evidence for each contested poll 

 in any parish, when concluded, shall be laid aside 

 until all the evidence is in from all the contested 

 polls in the several parishes where there may be 

 contests, and, after the evidence is all in, the return- 

 ing officers will decide the several contests in secret 

 session ; the parties or their attorneys to be allowed 

 to submit briefs or written arguments up to the time 

 fixed for the returning officers going into secret 

 session, after which no additional argument to be 

 received unless by special consent." 



That the proceedings thus directed to be had in 

 secret were protested against by the said McEnery, 

 Wickliffe, St. Martin, Poche", De Blanc, Seay. Cobb. 

 and Cross ; but said board thereafter proceeded and 

 pretended to complete their duties as such returning 

 board ; and did perform, execute, and carry out the 

 most important duties devolving upon said board in 

 secret, with closed doors, and in the absence of any 

 member of their board belonging to the Democratic 



Earty, or any person whatever not a member of said 

 card not belonging to the Republican party. 



That the said Wells, Anderson, Kenner, and Casa- 

 nave, acting as said returning board, while engaged 

 in the compilation and canvass aforesaid, were ap- 

 plied to, to permit the United States supervisors of 

 election, duly appointed and qualified as such, to be 

 present at and witness such compilation or canvass. 



That application was made to said returning board 

 in that behalf, as follows : 

 To the President and Members of (he Returning Board 



of the State of Louisiana : 



GENTLEMEN : The undersigned, of counsel for 

 United States Supervisors of Election, duly appointed 

 and qualified as such, do hereby except, protest, and 

 object to any ruling made this 20th day of Novem- 

 ber, 1876, or that hereafter may be made, whereby 

 they are deprived of the right of being present dur- 

 ing the entire canvass and compilation of the results 

 of the election lately held in the State of Louisiana, 

 wherein electors for President and Vice-President, 

 and members of the Forty-fifth Congress, were bal- 

 lotted for, and the result of which said board are 

 now canvassing. 



That, under the fifth section of the United States 

 act of February 28, 1871, they are to be and remain 

 where the ballot-boxes are kept, at all times after 

 the polls are open, until each and every vote cast at 

 said time and place shall be counted, and the can- 

 vass of all votes polled to be wholly completed, and 

 the proper and requisite certificate or returns made, 

 whether said certificate or returns be required under 

 anv law of the United States, or any State, terri- 

 torial, or municipal law. 



That, under said law of the United States, District 

 Attorney J. R. Beckwith, under date of October 80, 

 1872, gave his written official opinion for the in- 

 struction and guidance of persons holding the office 

 now held by protestants, wherein said United States 

 District Attorney said : 



" It cannot be doubted that the duty of the super- 

 visors extends to the inspection of the entire elec- 

 tion, from its commencement until the decision of its 

 result. If the United States statutes were less ex- 

 plicit, there still could be no doubt of the duty and 

 authority of the supervisors to inspect and canvass 

 every vote cast for each and every candidate, State, 



