Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-04-09
The Situation in Louisiana.

STATEMENT By GOV. KELLoGG-THE PACKARD
LEGISLATURE LEGAL AND RECOGNIZED BODY.
To the Z ditor Of the NeO York Times:
In your issue of Tuesday your Washington cor
respondent states that it is the object Of the COM
mission sent to Louisiana to secure the meeting
of Legislature at which there shall be "present
quorum of members of both senate and house hold
ing Returning Board certificates" and he further
states that "such quorum has never yet been Sc
cured either by Packard or Nichols legislature"
desire to state explicitly that this is an entire mis-
take. The legislature now known as the Packard
legislature did meet with quorum of members
returned as elected by the Returning Board in
both houses, my then Lieutenant Governor, pre-
siding over the Senate regularly organized as the
constitution of the State requires, the first Mon
day Of January, at which time was Governor.
recognized this legislation, transmitting to it
my annual Message and also sundry veto
Messages. The different departments of the then
State Government recognized this legislature and
sent their reports to it the law directs. During
the entire first week of the session this legislature
passed laws which l approved and caused to be
duly promulgated, and which became unques.
tionably valid laws of the State. On Tuesday, the
second day Of the session, both houses, having an
undisputed quorum of members returned by the
Board, met in joint session as required
by the constitution, and counted the vote for Gov
ernor and Lieutenant Governor, declaring Mr.
Packard Governor and Mr.. Antoine Lieutenant
Governor. Mr. Packard was inaugurated the fol-
lowing Monday In the presence Of full quorum
of both houses, the oath d Office being admins
tered to him by the Chief Justice. was also
elected Senator, clear majority of all the MEM
bers returned elected by the Returning Board be
ing present and voting for me indeed, received
oil the votes cast.
Now, the election law of the State expressly
empowers the Returning Board to make returns of
the persons who alone shall constitute the legis-
lature. The Supreme Court of the State has re.
peatedly affirmed the constituonality of this law,
and especially this provision of the law. The
Electoral tribunal decided the Returning Board of
Louisiana to be "a legally constituted body by
virtue of constitutional law
As have said, Legislature having an un-
doubted quorum Of members in both houses as
returned elected by the Returning Board did meet
and in strict conformity with the Constitution and
nor and declared Mr.. Packard to have been elect
ed. So much for Mr.. Packard's title.
Now let us see the nature of Mr. Nichols title.
Mr.. Nichols was declared Governor by an MS
semblsge of persons who met at the same time in
Odd Fellows Hall, twenty less than quorum of
tho House members being present, and two less
than quorum Of the Senators. Neither house
did or could organize. The Governor did not
recognize them. The Lieutenant Governor was
presiding over the legal Senate at the State
House. The Secretary of State-the custodian of
the election returns--did not recognize them
They had no returns whatever mere town meet.
ing. so to speak, without sembance of legality,
met and Declared Mr. Nichols Governor.
Now. il the foregoing statement be correct and
i absolutely cannot be successfully controverted,
ask which !, the de jure Governor of Louisiana,
Packard or Nichols I The other State officers
who were returned elected, viz, the Superntend-
ent of Public Instruction, the Secretary of State,
the Attorney General. aud the Auditor. were COM