The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-05-02
THE COMMISSIONERS.
They Make Formal Report to Hayes

WASHINGTON, April 25.-The following is
the report of the Louisiana commissioners
given out by the president this evening:
NEW ORLEANS, April 2l, 1877.
To the President of the United States:
sIR-In accordance with your REQUEST the
undersigned have visited this city, and have
passed the last sixteen days in aScertaining
the political situation in Louisiana and en-
of its difficulties. In view of the declaration
In letter of the secretary of state, that
we should direct our efforts TO the end Of
securing the recognition OF a single legislature
as a depository of the representative Will of the
people of Louisiana, leaving If necessary to
Judicial or other constitutional arbritrament
within the state the question of ultimate
right, and in view of your determination to
withdraw the troops of the United States TO
their barracks as soon as II could be done
without endangering peace, we addressed our
selves to the task of securing a common leQfs-
lature OF undisputed authority, competent
to compose the existing political contentious
and to preserve peace without any aid from
the national government. To this end we en-
deavored to assuage the bitterness and ami
mostly we found existing on both sides, so
as to secure public opinion less favorable to
sucn concessions as We're Indispensable to our
success in obtaining such legislature and such
general acquiescence in its author
ity as would insure social order
We have had full conferences with the
two gentlemen who claim the gubernatorial
office, and with many other members of their
respective governments in their executive,
also conversed very freely with large delega-
tions of men of business, with many of the
district Judges and with hundreds of promi-.
nent citizeos of all parties and races repre-
senting not only this city, but almost every
parish in the state. We have also received
many printed and written statements OF facts
and legal arguments, and every person with
whom we have come in contact has shown an
earnest desire TO give us all possible
information bearing upon the unfortunate
political divisions in this state. The actual
condition of affairs our arrival in this city
may be briefly stated as follows:
Governor ackard-we shall speak of both
gentlemen by the title they claim-was at the
state house with his legislature and friends and
an armed police force. AS there was no quo
rum in the senate, even upon his own theory
i've. The supreme court which recognized his
authority had not attempted 10 trans
act any business since II was dis
of its records on the 9th day of January, 1877.
He had no organized militia, alleging that his
deficiency In that respect was owing TO his
obedience to the orders of President Grant. 10
take no steps to change the relative position
of himselfand Governor Nichols. His main
reliance was upon his alleged legal title, claim
ing that 1t was the constitutional duty of the
president to recognize 1t, and to afford him
such military assistance as might be neces-
sary TO aid him TO assert his authority. Coy
ernor Nichols was occupying Odd Fellows
hall state house. His legislature met
ness of legislation. All departments of the
government of the city. of New
Orleans recognized his authority. The
confirmed by his senate was holding daily
sessions and had heard about 200 cases. The
time for the collection of taxes had not ar
rived, but a considerable sum of money in the
form of taxes had been voluntarily paid into
his treasury, out of which he was defraying
the ordinary expenses of the state govern
ment. The Nichols legislature had quorum
in the senate upon either Nichollss or Pack
ards theory of laws, and quorum in the
house on Nicholls's, but not on Packards
in the house on its own theory of law, but, as
already stated, not in the senate, and was
thus disabled from any legislation, that
ment of its own party. The commission
ers found Ii to be very difficult TO ascertain
the precise result to which the respective gov
ernments were acknowledged In various par
ishes outside of New Orleans, but 1t is safe to
say that the changes which had taken place in
the 9th of January, 1877, were IN favor of the
Nichols government. The claim to the legal
ity OF the supreme court, composed of Chief
Justice Manning and associates, who were
nominated by Governor Nichols and con-
firmed by his senate, rests upon the same basis
as the title OF Governor Nichols and his SEN
court, composed of Chief Justice Ludeling
and his associates, rests either upon their
right TO hold over In case Nicholls's court is
legal or upon the Legality of Kellogg and the
Packard senate, which confirmed the judges
upon the nomination OF Governor Kellogg,
and While II had a returning board quorum.
as we found 1t. We will now state the legal
question upon which the right of these respec-
tive governments depends. The constitution
Of the state OF Louisiana requires that the re-
turns Of all elections for members of the gen.
eral assembly shall be made to the secretary of
STATE. ~ also provides Inat .he 9ualned eiec,
governor at the time and place of
voting for representative The re-
sealed up and transmitted by the proper
returning officers TO the secretary of state who
shall deliver them to the speaker of the house
or representatives on the second day of the
general assembly then to be holden. The
members Of the general assembly shall meet
In the house OF representatives and examine
and count the votes. 1t will be observed that
this provision of the constitution requires the
return OF votes for governor and lieutenant
governor TO be sealed up and transmitted by
the proper returning officers TO the secretary
of state, and the same provision is made in
substance as to the members OF the general
assembly, but in 1870 the legislature passed an
body called returning board, consist
ing of five members TO be appointed
by the state, and to be the returning officers
for all elections In the state. The act provides
that the commissioners of election at each
poll or voting place shall count the votes,
making "a list ofthe names fall persons voted
for and the offices for which the votes were
given the number of votes received by each,
the number of ballots contained In the box,
and the number rejected and the reasons
therefor, and to make duplicates of such lists,
and send one to the supervisor of registration
of the parish of Orleans and one to the secre-
tary of state. The law further requires super
visors of registration 10 consolidate the
returns received from the different poll
ing places and forward them with
the original to this returning board. The act
further provides that If there shall be any
riot, tumult, acts of violence, intimidation or
disturbance, bribery or corrupt influence at
any place within said parish at or near any
poll Ca voting place or place OF registration, II
such riot, tumult acts OF violence, intimida-
ton or disturbance, bribery and corrupt infiu-
ghQn ar M tn a