The daily gazette., 1877-02-19
Only six Republican Elec-
tors from Louisiana.
From the New Orleans Democrat.

From the New Orleans Democrat.
If the Electoral Commission should re-
fuse to 60 behind the Governors certifi-
cate in the Louisiana case, the election of
Gov. Hayes to the Presidency may be
considered as forlorn hope.
The gubernatorial certificate accom-
panying that ofthe pretended Republi-
con electors reads as follows:
TnE UNITED STATES OF AMERICA }
State of Louisiana, Executive Depart'nt ;
New Orleans, December q, 1876
|, William Pitt Kellogg, Governor of
the State Of Louisiana hereby certify, pur-
suant to laws of the United States, that
at general election duly held in accor-
dance with law, in the State of Louisiana
on Tuesday, the seventh day of Noyem-
Der, 1876, for Electors for President and
Vice President of the United States, the
following named persons were appointed
Electors Of President aud Vice President
Of the United States, for the State of
Louisiana: ''i 2" A '
William P. kellogg, for the State at
large. ll~"IeI. o.. ~. f. S.,
j. Henri Burch, for the State at large.
Peter Joseph, for the first Congressional
District.
Lionel A. Sheldon, for the Second Con
gressional District. ..Ite s"t.-5 ~.
Morris Marks, for the Third Congress
sional District.
Aaron B. Livisee, for the Fourth Con-
gressional District. ...,
Orlando II. Brewster, flor the Fifth
Congressional District. "
Oscar Joffrion, for the Sixth Congress
sional District. .s-,....
In testimony whereof, j have hereunto
affixed my signature and caused the seal
Of the State to be attached, at the city of
New Orleans, this sixth day Of December
| in the of year our Lord one thousand eight
hundred and seventy-six, and in the year
Of the independence of the United States
the one hundred and first.
WIN. P. KELLOGG.
BY the Governor: .l..
p. e. DEsLoNDE,. Secretary ofState.
1t will be observed that Mr.. Kellogg
certifes that o. II. Brewster and A. B.
Levisee ,oere duly, end in accordance
Nth la,o,appointed electors on the seventh
Gay of November, 1876. 1t lanotorious
fact, admitted by all parties, that Brewster
| and Levisee held offices Of trust and profit
under the United States on the seventh
day of November, 1876. ~ 81
The Constitution of the United States
says: "No person holding an Office Of
trust or profit under the United shall be
appointed an elector." Then there were
but siz electors appointed. The proce'
verbal of the Louisiana Republican Elec-
toral College admits, and shows fully the
ineligibility, on the 7th of November, Of
these two electors, and that process rerbdl
accompanies the certificate. :=EAA
Isit necessary to ask the questions
"Could the people of Louisiana appoint
or choose an elector whom TIE Constitu-
ton of the United States says shall moi
be appointed" Hardly, even under the
present leose construction Of the funda-
mental law. When what was the effect
Of votes cast orthese ineligible-would-be-
electors? In legal contemplation these
votes were never cast at all-such is the
general ruling-and under the law o.
Louisiana these electors cannot be con-
sidered as having been duly voted. for
Such is the statute law of Louisiana, thai
an ineligible ctor, roted for in fact, IL
la,o is"coasid ed as not duly ro;efor.'
| We quote from the act of 1868, section
2S2S. Revised Statutes:
Every qualified voter in the State shal
vote for electors as follows: Two persons
shall be selected from the State at large
and one person shall be chosen from eacf
Congressional district in the State; and II
case any ticket shall contain two or more
names of persons residing in the same dis
trict Except the two chosen from thu
State at large); the first of such names
only shall be considered as voted for.
If an elector, made ineligible by th'
,, law of Louisiana, is considered as no
J duly voted Tor, a .fortiori. all elector
} made ineligible by an absolute prohibi
ition of the Constitution of the Unitet
States must te considered as not vote'
r for. Then the Republicans, in the ey'
of the law, had but six electors in tn
i field, and but six were chosen by tn
people.
Or the 9th of December the Republi
, can Electoral College met with but 81:
Constitutional electors; they could cas-
4 but six votes; Louisiana is entitled +
eight; the college is incomplete; hoy
9 could it be completed
}. Let us now refer to the Statutes of tn
United States, volume 3, page 721.
= We quote from the act OF 1S4o:
The electors of the President and Vice
President shall be appointed in each Stat
on tie Tuesday next after the first MOI
day in the month of November of til
I year in which they are to be appointed
! Provided, That each State may by La
/ provide for the filing of any vacancy G
: vacancies which may occur in its colleg
$ meets to give its electoral vote; and pre-