Whether, therefore, the decisions of the Commission or the reasons given for them be sound or unsound, it may be assumed, that Brewster did not receive a majority of the votes cast by the people of Louisiana, and that the action of the Returning Board in cutting down the majority of his competitor, so as to reduce it below his, was taken without jurisdiction, and upon the pretense of statements and affidavits which they themselves had caused to be forged .
Brewster could not have been appointed Elector if he had received the Votes of all the People of Louisiana
He had been made Surveyor-General of the United States, for the District of Louisiana, on the 2d of February, 1874; was recommissioned by President Grant on the 11th of February, 1875, and is at present exercising the office. Whether he has ever been out of the office depends upon the facts now to be mentioned. Eight or nine days after the election of November 7, 1876, at which he was a candidate on the Republican electoral ticket, there was received at the Department of the Interior, from the hands of the President, this letter:
Monroe,
November 4, 1876 .
Dear Sir: I hereby tender my resignation of the office of Surveyor-General of the State of Louisiana, with the request that it be accepted immediately. With many thanks for your kindness,
I remain, yours respectfully, O. H. Brewster.
U. S. Grant, President United States .
When the letter was written does not appear. It is certain that Brewster was acting as Surveyor-General on the 10th of November.
On the 16th of November a letter was addressed to the Commissioner of the General Land-Office, as follows:
Department of the Interior, Washington,
November 16, 1876 . }
Sir: I have received the resignation of Mr. Orlando H. Brewster, Surveyor-General of Louisiana, which he has requested may take effect immediately. Please inform Mr. Brewster that his resignation has been accepted by the President, to take effect November 4th instant, that being the date of his letter of resignation to this Department.
Very respectfully, Z. Chandler,
Secretary .
At what time, if ever, the Commissioner informed Brewster of the acceptance of his resignation we do not know, but it could not have been earlier than the 20th of November.
On the morning of the 6th of December, the four men who assumed to act as the Returning Board of Louisiana filed in the office of the Secretary of that State a certificate that Brewster, with seven other persons, had been appointed presidential electors. There was then on the statute-book of Louisiana this enactment:
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