CONGRESS, UNITED STATES (ELECTORAL COMMISSION). 



215 



BDCC and execution of said unlawful combination 

 and conspiracy, did, in their pretended canvass and 

 compilation of the legal votes given at said election 

 on the 7th day of November, A. D. 1876, for presi- 

 dential electors in said State of Louisiana, as shown 

 to them by the statements, papers, and returns made 

 according to law by the commissioners of election pre- 

 siding over and conducting said election at the sev- 

 eral polls and voting-places in said State, all of which 

 votes were legally cast by legal voters in said State 

 at said election, knowingly, willfully, and fraudu- 

 lently, and without any authority of law what- 

 ever, excluded and refused to count and estimate or 

 compile or canvass votes given at said election for 

 electors, as follows, which papers, statements, and 

 returns were before them, and which it was their 

 duty by law to compile and canvass, that is to say : 

 for said John McEnery, 10,280 ; for said R. C. Wick- 

 Hffe, 10,293 ; for said L. St. Martin, 10,291 ; for said 

 F. P. Poche, 10,280; for said A. De Blanc, 10,289 ; 

 for said W. A. Seay, 10,291 ; for said R. A. Cobb. 

 10,261; for said K. A. Cross. 10,288: they, the said 

 members of said returning board, then and there, 

 well knowing that all of said votes which they neg- 

 lected and refused to canvass and compile had been 

 duly and legally cast at said election for presidential 

 electors by legal voters of said State ; and then and 

 there, well knowing that, had they considered, esti- 

 mated, and counted, compiled, and canvassed said 

 votes as they then and there well knew it was their 

 duty to do, it would have appeared, and they would 

 have been compelled to certify and return to the Sec- 

 retary of State, that said Kellogg liad not been duly 

 elected or appointed an elector for said State : but 

 that at said election the said McEnery.the said Wick- 

 lifFe, the said St. Martin, the said Poch, the said 

 De Blanc, the said Seay, the said Cobb, and. the said 

 Cross, had been duly elected and appointed presiden- 

 tial electors in said State. 



And that by false, fraudulent, willful, and corrupt 

 acts and omissions to act by said returning board as 

 aforesaid in the matter aforesaid, and by said non- 

 feasance, misfeasance, and malfeasance of said re- 

 turning board as hereinbefore mentioned, the said 

 returning board made to the Secretary of State of 

 said State the statement, certificate, and return upon 

 which the said Kellogg, as de facto Governor of said 

 State, pretended to make his said false certificate, cer- 

 tifying that himself and others had been duly ap- 

 pointed electors for said State, as hereinbefore men- 

 tioned ; and that said statement, certificate, and re- 

 turn made by said returning board, and that the said 

 certificate made by the said Kellogg as de facto Gov- 

 ernor, each, every, and all, were made in pursuance 

 and execution of said unlawful and criminal combi- 

 nation and conspiracy, as was well known to and in- 

 tended by each and every of the members of said re- 

 turning board when they made their said false state- 

 ment, certificate, and return to the Secretary of State 

 of said State, and by the said Kellogg when, as Gov- 

 ernor de facto of said State, he made his said false 

 certificate hereinbefore mentioned. 



III. We further offer to prove 



That Oscar Joffrion was, on the 7th day of Novem- 

 ber, A. D. 1876, supervisor of registration of the par- 

 ish of Pointe Coupe"e, and that he acted and officiated 

 as such supervisor of registration for said parish at 

 the said election for presidential electors on that day : 

 and that he is the same person who acted as one of 

 the electors for said State, and on the 6th day of 

 December, A. D. 1876, as an elector, cast a vote for 

 Rutherford B. Hayes for President of the United 

 States, and for William A. Wheeler for Vice-Presi- 

 dent of the United States. 



IV. We further offer to prove 



That, on the 7th day of November, A. D. 1876, 

 A. B. Levisse 1 , who was one of the pretended col- 

 lege of electors of the State of Louisiana, and who 

 in said collese gave a vote for Rutherford B. Hayes 

 for President of the United States, and for William 



A. Wheeler for Vice-President of the United States, 

 was, at the time of such election, a court commis- 

 sioner of the Circuit Court of the United States for 

 the district of Louisiana, which is an office of honor, 

 profit, and trust under tiie Government of the United 

 States. 



V. We further offer to prove 



That, on the 7th day of November, A. D. 1876, O. 

 H. Brewster, who was one of the pretended electors 

 in the pretended college of electors of the State of 

 Louisiana, and who in said college gave a vote for 

 Rutherford B. Hayes for President of the United 

 States, and for William A. Wheeler for Vice-Presi- 

 dent of the United States, was at the time of such 

 election as aforesaid, holding an office of honor, 

 profit, and trust under the Government of the United 

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

 Land Office for the district of Louisiana. 



VI. We further offer to prove 



That, on the 7th day of November, 1876, Morris 

 Marks, one of the pretended electors, who in said 

 college of electors cast a vote for Rutherford B. 

 Hayes for President of the United States, and a vote 

 for William A. Wheeler for Vice-President of the 

 United States, was, ever since has been, and now is, 

 holding and exercising the office of District Attorney 

 of the Fourth Judicial District of said State, and re- 

 ceiving the salary by law attached to said office. 



VII. We further offer to prove 



That, on the 7th day of November, A. D. 1876, J. 

 Henri Burch, who was one of the pretended electors 

 who in said pretended electoral college gave a vote 

 for Rutherford B. Hayes for President of the United 

 States, and a vote for William A. Wheeler for Vice- 

 President of the United States, was holding the fol- 

 lowing offices under the constitution and laws of said 

 State ; that is to say : Member of the Board of Con- 

 trol of the State Penitentiary, also Administrator of 

 the Deaf and Dumb Asylum of said State, to both of 

 which offices he had been appointed by the Gover- 

 nor, with the advice and consent of the Senate of said 

 State, botli being offices with salaries fixed by law. 

 and also the office of treasury of the parish school 

 board for the parish of East Baton Rouge ; and that 

 said Burch, ever since the 7th day of November (and 

 prior thereto), has exercised and still is exercising 

 the functions of a'll said offices, and receiving the 

 emoluments thereof. 



VIII. We further offer to prove the canvass and 

 compilation actually made by said returning board, 

 showing what parishes and voting-places and polls 

 were compiled and canvassed, and what polls or 

 voting-places were excluded by said returning board 

 from their canvass and compilation of votes given 

 for presidential electors; ana we also offer to show 

 what statements and returns of the commissioners 

 of ele-jtion and of the supervisors of registration were 

 duly before said returning board. 



IX. We further offer to prove that a member of 

 said returning board offered to receive a bribe, in 

 consideration of which the board would certify the 

 election of the Tilden electors. 



X. We offer to prove that the statements and affi- 

 davits purporting to have been made and forwarded 

 to said returning board, in pursuance of the provis- 

 ions of section 26 of the Election Law of 1872, alleging 

 riot, tumult, intimidation, and violence, at or near 

 certain polls and in certain parishes, were falsely 

 fabricated and forged by certain disreputable persons 

 under the direction and with the knowledge of said 

 returning board ; and that said returning board, 

 knowing said statements and affidavits to be false 

 and forged, and that none of said statements or affi- 

 davits were made in the manner or form required by 

 law, did knowingly, willfully, and fraudulently fail 

 and refuse to canvass or compile more than 10,000 

 votes lawfully cast ; as is shown by the statements of 

 votes of the commissioners of election. 



XI. We further offer to prove 



That said returning board did willfully and fraud- 



