The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-04-12
ORLANDO H. BREWSEERS VorE.

is perhaps more striking and effective
With the proclivity of lawyer for def
mite statements and the putting ofparticu-
lar cases, Mr.. Field has taken the vote OF
one of the 1856 Hayes electors and tested
its validity, The President was chosen
by majority ofone, and if single vote
of all those he received was illegal, he
has no just title to the Office he now holds
At least twelve of those votes, namely the
eight votes of Louisiana and the four
votes of Florida were fraudulent, but out
of these twelve Mr.. Field selects the vote
of Orlando H. Brewster of Louisiana, for
examination simply for the sake Of cen
tring the argument which applies to many
upon a single individual.
The case against Brewster is tersely in
this way; Brewster was not appointed
an elector, inasmuch as he did not
receive a majority Of the votes as cast by
the people Of Louisiana, and inasmuch
also, as he could not have been appointed
had he received them all" Accepting
the leading name on the list of Tilden
electors as a standard, the Democrats
received 1928 votes in Louisiana. The
Returning Board cut down this number
to 3o,5oS by throwing out about 1900
legal votes, thus converting majority of
more than 5000 for Tilden into major
ity for Hayes. This action was based
upon a statute frequently quoted in our
columns authorizing the board to reject
votes cast in precincts where there was
riot, intimidation, bribery or corruption,
the fact of the existence Of these evils or
either of them to be vouched for in che.
formal statement of the Supervisor OF
Registration or Commissioner of Election
based upon the afidavits of three or more
citizens. Mr.. Field, though holding such
a statute to be unconstitutional in form
and absurd in substance, since it assumes
to decide an election by the votes that
might, could, would or should have been
cast, and not by the votes that actually
were cast, accepts its validity for the
purposes of his discussion, and proceeds
to show that its authority cannot be In
voked in behalf of the title Of any one OF
the eight Republican electors from Lou
isiana, since it is admitted that they were
chosen by the violation of this statute,
Before the Electoral Commission the
Democratic counsel made the following
offer.
1--WE offer to prove that the statements
and affdavits purporting to have been
made and forwarded to said Returning
Board in pursuance of the provisions 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 per
sons under the direction and with the
knowledge of said Returning Board, and |
hat said Returning Board, knowing said
statements and affidavits to be false and
iorged, and that none Of the said state. |
nents or afAdavits were made in the |
manner or form or within the time re.
luired by law, did knowingly, wilfully |
and fraudulently fail and refuse to can
yass or compile more than 10000 votes
awfully cast, as is shown by the state
nents of votes of the Commissioners of
Election.
This offer was rejected by a strictly
partisan vote. 1t is known, therefore
hat Brewster did not originally receive
majority of the votes cast at the last
lection in Louisiana, and it is virtually
Omitted that his title depends upon the
ction of the Returning Board in
laiming jurisdiction to throw out votes
N false and forged afidavits pre-
ared by their own connivance. But
e could not have been appointed an
lector if every voter in the State had
asst ballot for him, because he came
nder the provision of the Federal Con.
titution which enjoins that mo Senator
r Representative or person holding an
ffice Of trust or profit under the United
tates shall be appointed an elector."
lie was made Surveyor-General Of the
United States for the District of Louisi-
ma February 2, 1874, and was recon
lissioned February II, 1875, and now
olds the office. He went through the
retense Of resigning some time in No
ember, though the Electoral Commits.
ion afterwards decided that it would
ave made no difference whether his
was genuine or not. In point
f fact, he was exercising his duties as
urveyor General on the 10th Novem-
er. though some days after that time
lis letter, bearing what is known to be a
Use date was received in the Interior
department.;
MONROE, November d, 1876.
"DEAR SIR Il hereby tender my res
nation of the office of Surveyor Gener-
of the State of Louisiana, with the re-
uest that it be accepted Immediately
With many thanks for your kindness, |
,main, yours respectfully,
30. H. BREWSTER
u. S. Grant, President United States" {
Secretary Chandler accepted the res.
nation on the 10Th of November, the
to take effect from the 4th of
Ie same month, On the 9th of Decem-
er the electors met to cast their vote.
rewster was absent, and according to
lie statute Of Louisiana, made and pro-
Ided for such an emergency, his alb
,nce created vacancy, which his COL
agues at once filled with himself, and
e Immediately became present and vot.
for Hayes. This transaction is hap.
ily described by Mr.. Field:
"The people Of New York were anus
/ three or four years ago with the teats
iuggler, who dressed one side of him
a man and the other as woman, and
no turned about so quickly that he +,
lowed himself as two persons of differ
1t sexes in the same instant. Brewster's
at was not less remarkable he was at !
ace absent and present absent that he
L. l. ooJ tbof ba