Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-12-22
Precedents For Democrats.

The democrats of the Senate and House
need not go outside of the records OF Con-
gress TO find precedents against the action
of Gov. Grover in the Oregon elector case.
The case of John Young Brown OF Ken
lucky, when he was returned as repre-
sentative to the Fortieth Congress, is one
that.democrvts are invited to consider.
Brown received regular credentials OF
election and took his seat in the House.
The regular republican candidate opposed
to Brown in the election, whose name was
Smith. appeared and contested Browns
right TO the seat upon the ground that he
had given aid TO the rebellion, and was
therefore ineligible to be elected or hold
the office. Smith also claimed that es
Brown was disqualified and ineligible all
votes cast for him were void, and to be
regarded as not having been given, and
that as he (Smith) received a majority OF
the votes cast for legal candidate he was
entitled to the seat. The case was care
fully considered in committee, and the
committee unanimously reported that
Brown was ineligible to election, but also
reported against giving the seat TO Smith
and stated their views at length in opposi-
tian to the claim of person receiving
only a minority of votes.
The report of the committee as to the
ineligibility of Brown was sustained by
the House, and Brown was elected from
the seat as a member. A resolution was
then offered that Smith was entitled to the
seat, and considerable debate was had
on the question involved. A few republl-
can members voted to seat Smith, but a
large majority of the republicans voted
against him, as did every democratic mem
Der Of the House who voted. Among them
were such leading and wsll-known names
as Beck. Eldridge, Holman, Hubbard, of
Connecticut, Kerr, Knott, Marshal. Nor
gan. Pruyn. Randall, Van Trump, Wood
and Woodward
cided in the same way by the Senate in
the Forty-second Congress. Mr.. Vance
received majority of North Carolina for
United States Senator. and was declared
duly elected. Vance had aided the rebel
lion and was, therefore, ineligible, and he
never appeared to claim the seat. Gen.
Abbott. who was the republican candidate
against Vance, did appear and claimed it,
on the ground that votes for Vance were
void, and he (Abbot) was the only legal
candidate voted for. The Senate Com
mittee reported that Vance was ineligible,
but they also reported against the preten
sions of Abbott. A few Senators were
found, however, to espouse his cause, and
the question involved was discussed with
great learning aud at great length.
Abbott's claim to the seat was rejected
by vote Of large majority of the repub
lican Senators, and by the votes of every
democratic Senator who voted at all. In
the list of democratic Senators were such
prominent names as Bayard. Blair, CASH
dy, Kelly, Stevenson, Stockton, Thurman,
Upton, Trumbull, Norwood and Sauls-
bury.
The above facts arc very concisely and
clearly presented in communication pub
lished in the New York Times They are
not only conclusive as to the views which
former Congresses have held in regard to
the claims of minority candidates in cases
parallel to the Oregon case, but they place
several Of the most prominent democrats
OF the present Congress in the awkward
position of repudiating their former acts
If they now undertake to sustain Grover
In stealing an electoral vote for Tilden.
This record is an embarrassing one for
the Tildenites in Congress to meet. II
they go back upon it, the whole country
will understand the motive and resent
with indignation the shameful act and at
tempted fraud; if they stand by their rec
ord as men should. then they grant that
the Oregon electoral vote was wholly, hon
estly and rightfully for Hayes, and con-
cede Of necessity that he is elected Presi-
dent.
The Maine Standard in an article on the