, 1873-02-14


fa,o, show that tho aforesaid persons named as
Electors, and whom we shall designate % the
Greeley Electors, received majority OF tho
votes, thatfact has ncverbeen ascertained BY any
nor Warmoth depended entirely upon the un-
authorized statements of Messrs Woodward and
Dragden, who, at the time, had no right to look
into tho returns ut all In this matter there is
no prcteDce that the law WAS complied with, and
tie Lynch Board were never, at any time, per-
mitted to SEQ them. The third section Of the
net Of Congress Of 1852, declares what shall bc
tho official evidence Of the election OF E1ec.ors,
and provides that the Executive authority Of
each State shall cause three Lists Of the names Of
the Electors OF such State to be made and certi-
fed, to be delivered to the Electors on or before
the first Wednesday in December, ,aad said Elect
ors shall annex one of tho said lists to each Of
the sts Of their votes Tho certificate Of the Sec
retary OF State is not required aid the certificate
Of the Governor, as provided for in this sec-
ton, seems to be tho only ev;deice
contemplated By the law OF the election OF Elect
ors and their right to cast the Electoral vote Of
the State. II Congress chooees to 50 behind
the Governors certificate, ana inquire who lad
been chosen Is Electors, it is not violating any
principle Of the right Of the States to prescribe
what skall ho the evidence OF the election Of
deuce, as prescribed BY an act OF Congress and
thus going behind the certificate OF the Gov
ernor, no find that the official returns Of the
election Of Electors from the various parishes Of
having authority to count them
Some two or three days preceding the 18th OF
December, the Lynch Board officially declared
that II. F. Bonzano, J. lanabere, G. H. Hal
Morris, J. Taylor, and John Ray, whom We shall
designate as the Grant Electors, had received
majority Of all the votes in the State Tor Elect
ora Of President and Vice President, and
Secretary OF State de jure, Mr.. Bovee, not then
in possession of the Office Of Secretary OF State
or the State seal, but who had been decided by
the Supreme Court OF the State.a few days before,
to be lthe lawful Secretary, made q certiti-
cate OF election to the persons 80 declared cho-
sen as Electors, and on tho 4th OF Decemher
they met and cast their rctas for President and
Vice President, according to the requirements Of
the act OF Congress. They did not on that day,
several days, until a1r. Bovee, the Secretary Of
State, got possession Of tho State seal SO as to
attack it to their certificates Of election. The
Secretary OF State had no right under the law to
the information Of the Gogernor, and his certif-
cate constitutes. no legal evidence Of the cleo
tion Of the persons therein named. The Lynch
Board, in making the count and declaration as
ing before them any Of the official returns OF
the election as made ont by the officers OF the
election under the laws Of the State, and had no
legal evidence before them at an upon which
made mad UPON documents, afidavits, and state
! menta er pdrte in their character, having m
legal validity, and which could not in ths nature
Of things form the basis OF an accurate AMI
trustworthy declaration OF the result or the ele9
| ton. z,.....-.
TUE CHARACTER or THE EVIDENCE BEFORE TIL:
.LTNOH BOARD 49,
On the 18th OF November, after the Lynch
IonsstIeet Long lee ' and HawEias to fiji the vacancies
| of Pinehback and Anderson, Longst1eet, on
behalf Of said Board, and designating
himself as Deputy Supervisor, demanded Of
| Governor War1noth that he should bring the
official returns OF the election before said Board
! to be counted. This demand Governor WaEmoth
declined to comply with in the following:
STATE OF Lor1si4sA, EXECUTIVE DrrAn1,aEsr,l
SIR In reply to am issts1 % ast rec ss:eassd
ing that yon hare received instructions to see that
election statements Of the election Of Nov IN this
sion of Special Deputy 3iarshal " F. Low in order
that ha may deliver the same to Mr. John LYNCH
President Of the Board hare to that do not rec
/ ognize your authority as Deputy Supervisor to
! make such demand !; nor have any knowledge Of
over bT II. John iynch @ The election returns re-
ceyed by President OF the State Beard of Can
yassers are and viii remain in the possession Of myself
as President Of the State Board Of Canvassers in
/ cordance with the Law Of the State and alone am
authorized to bold md open them VeIy respectfully,
| Governor Of Louisiana.
General John Longstreet, Deputy United States
It is claimed on behalf Of this Board that, By
the demand upon Governor War1noth that he
should produce before them the official returns
Of the election, nnd his refusal to 90 SO; 50; fona-
ary evidence, to prove the contents and
character OF said official returns, upon
which aeeonda5yd sda evdsnss M;sS the snte9n c9ast
shah pte he os the es epas ase5ef
! sufficient foundation had thus been laid f2T
the introduction Of secondary evidence as to the
character Of the returns, it is sufficient to say
that if such foundation had been laid il
. | nu1p inafffr f1tfO1ncfi0!4 Of HacOr1C1
ary evidence to prove the actual character aud
contents OF the RETURNS; and the testimony be-
fore the Committee shows the evidence which
/ the Lynch Returning Board had before them
went TO- contradict the face Of the retn.ns, to
] show fraud, aud what the vote should have
been; and that in making their count the Board
did not rely SO much upon the evidence as to
I what the Official returns showed, but upon the
evidence which in many cases contradicted
and denied ~, their Correctness -. Among
counted come 5000 affidavits as votes for Presi;
| dental Electors, State officers, and mambers q
the Legislature. These athdagits purported to
have been made By persons mpstly persons oi
color, who had been denied the right Of registra-
tion. and whose votes had been refused at the
polls In many Of them it ~as stated THESE
rights had been denied them because Of race
color, or previous condition Of eeryitude," and
many Of them contained NO such statements
1t was urged these afidagits might be countee
rs votes under the provisions Of the act OF Con:
gress Of 1870 to enforce the Fifteenth Amendment
to tho Constitution: A brief examination Of tha!
act will show this claim is unfonnded. By the
third Section Of thet aes j. Is ro ,p5o',aes< e
perform any act required by law preliminary te
voting, from the performance OF which he has
been w1ongfuly hindesea By sny officer Or per PEI,
form the preliminary act e1,all be taken ~ psr:
formauce. and upon proof thereof such @ pt, pe1sol
mary act had been performed. But there y nc
provision in the law that il any person has been
I refused tho right To- vote. and has peFformet
such preliminary act, or offered to perform ths
same, So provided in the third section. his otle'
to vote shall be- taken and counted as q; vote
In tie asa section Of the act it ts nroyided tha
il any person has been defeated iu obtaining 81
nerson e. persons Of the right to yot'
, On account -of. 1aed. cec1os: o. pres1!oa! !
: suit in the Courts Of the United States to re-
cover the Office. But tho section expressly pro
yides that its benefits shall not extend to candl
> | dates for the State Legislature tor Congress,
/ fc1 Electors for President or Vice President
i The section ciexrl5 contemplates suit in Court
+ to which the person who it Is claimed has beez