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ssioners of Election."
This offer the Commission rejected by a vote of 8 to 7.
In the Commission Mr. Abbott moved the following:
"_Resolved_, That testimony tending to show that the so-called
Returning Board of Louisiana had no jurisdiction to canvass the
votes for electors of President and Vice-President is admissible."
This was rejected by the same vote.
In explaining the reason of their decision in the case, the Commission
used the following language:
"And the Commission has, by a majority of votes, decided, and does
hereby decide, that it is not competent, under the Constitution and
the law as it existed at the date of the passage of said act, to go
into evidence _aliunde_, the papers opened by the President of the
Senate, in the presence of the two Houses, to prove that other
persons than those regularly certified to by the Governor of the
State of Louisiana, on and according to the determination and
declaration of their appointment by the returning officers for
elections in the said State prior to the time required for the
performance of their duties, had been appointed electors, or by
counter-proof to show that they had not; or that the determination
of the said returning officers was not in accordance with the truth
and the fact, the Commission, by a majority of votes, being of
opinion that it is not within the jurisdiction of the two Houses of
Congress, assembled to count the votes for President and
Vice-President, to enter upon a trial of such questions."
Whether, therefore, the decisions of the Commission or the reasons given
for them be sound or unsound, it may be assumed, that _Brewster did not
receive a majority of the votes cast by the people of Louisiana, and
that the action of the Returning Board_ in cutting down the majority of
his competitor, so as to reduce it below his, _was taken without
jurisdiction, and upon the pretense of statements and affidavits which
they themselves had caused to be forged_.
BREWSTER COULD NOT HAVE BEEN APPOINTED ELECTOR IF HE HAD RECEIVED THE
VOTES OF ALL THE PEOPLE OF LOUISIANA.
He had been made Surveyor-General of the United States, for the District
of Louisiana, on the 2d of February, 1874; was recommissioned by
President Grant on the 11th of February, 1875, and is at present
exercising the office. Whether he has ever been out of the office
depends upon the
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