The daily gazette., 1877-03-01
NeW-loU sEEFHElfAN
DON'T.

From tho Washington Union.
One mustn't forget the cases of Levisee
and Brewster, the two disqualified Lou
isiana electors, now that they can be
studied and understood -in--t the light of
the Oregon decision, of the immortal
Eight. Before, Leyises and Brewster
were a mystery-but Watts has made
them plain. AFTER Watts all things are
possible. One is halfinclined to suspect
the Rev. General De Goylef Garfield
he who is credited with the remark k-'.if
you held our hand wouldn't you play
'it"-with having drawn that portion Of
the decision in the Oregon case which re-
fers to Watts. 1t says:f Tar HaI 'fW
T..That although the evidence shows that
Watts was a postmaster at the time or
his election, that fact Is rendered 0H'ndfersdt
on his resignation both as posf,idsfer and
elector, ,Qld his subsequent oppoHtNncfltt 10 pH
The Uucon,cy so made" ''t hIA4l.
According to this decision, Watts was
"eiected" at one time and appointed
at another He was elected on the eth of
November, at which time he was a post
master, and incapable Of being tap
pointed" !" but was" appointed' on the 9th
of December, after be had resigned both
postmaster and elector, to fill the vacancy
so made" The. mode of "appointing'
electors by y'tbe law Of Oregon Is by popu-
lar election, and the day for appointing
electors all over the United States was
the 7th OF November. Consequently if
Watts was delected" then, he was cap
pointed then. But he was o postmaster
and couldn't be appointed" under the
Constitution of the United States. That
is tiAmaterial," say the Judges, because
of "his resignation both as postmaster and
etector"-that is, his resignation of an
Office to which he hadn't been, and
couldn't be, appointed, and which, con-
sequently, he didn't hold; and "his sub
sequent appointment to fll the udcdRcV so
Dldde"-that is, the vacancy ''adde" by
his resignation Of an Office which he
didn't hold And this farrago of contra,
dictions and nonsense---bhis lcontemt BILE
Juggling with words--1is signed by three
judges of the Supreme Court of the
United States Ana this is the way in
which the votes of Lie visse and Brewster.
the Louisiana electors were also counted.
Both held offices of trust and profit UNI
der the United States ON the 7th of No
vember. Both resigned their offices un-,
der the United States after the election.
They did not resign as electors, but on
the day when the electors met to cast
their votes they dbsepted themselves.
And the other six electors, Kellogg and
the rest, in order that Hayes might not
lose two votes out of the eight TO which
Louisiana is entitled solemnIy proceeded
to fill the vacancies occasiOned BY the
| absence of Levisee and Brewster. And
they elected Levisee and Brewster to fill
the vacancies of Levisee and Brewster
who were absent, and Levisee and Brew
ster Immediately appeared and voted,
4, and by their presence filled the yacan
cies occasioned by their absence,
| Where they were while absent" whether
at the nearest bar-room OF in corner of
the same room in which they were fpres-
ent,n does not appear. II is clear case
of the ''httle joker on the thimble under
the pea An eleetor is disqualified wher
he Is appointed. When the day come.
for him to act he resigns or absents him
self; he is reappointed in his own place
presto, he reappears and all Is right, ant
the integrity:of the Constitution, in spirit
and in letter, is preserved. Plain mer
will find it difficult to understand how
this can be honest, and will wonder if Il
. is law, and If law, whether law and hon
esty mean the same thing.