The Vote That Made the PresidentField, David Dudley
Philosophy
The Vote That Made the President
Field, David Dudley
Presidents -- United States -- Election -- 1876
Without going into that question, however, and assuming for the sake of
the argument that the statute had all the authority of the most clearly
valid statute that was ever passed, it is certain that the only ground
upon which a vote could have been thrown out, for intimidation or other
corrupt influence, was the statement of a supervisor of registration or
commissioner of election, founded upon the affidavits of three citizens.
When, however, the vote of Louisiana was before the Electoral
Commission, the following offer was made by counsel:
"We offer to prove that _the statements and affidavits_ 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 persons _under the direction_,
and with the knowledge, _of said Returning Board_, and that said
Returning Board, knowing said statements and affidavits to be false
and forged, and that none of the said statements or affidavits were
made in the manner or form or within the time required by law, did
knowingly, willfully, and fraudulently, fail and refuse to canvass
or compile more than 10,000 votes lawfully cast, as is shown by the
statements of votes of the Commissioners of Election."
This offer the Commission rejected by a vote of 8 to 7.
In the Commission Mr. Abbott moved the following:
"_Resolved_, That testimony tending to show that the so-called
Returning Board of Louisiana had no jurisdiction to canvass the
votes for electors of President and Vice-President is admissible."
This was rejected by the same vote.
In explaining the reason of their decision in the case, the Commission
used the following language:
Public-domain text, read in full here on John Shaqi.
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