New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-04-28

shall be the duty of the Clerk and ,secre. |
tary to place the namee Of 1bes Rep teeenta- |
tives and Senators elected, SO furnished, |
upon the roll Of the Mouse sud Of the Sen. /
ate respectively, and those Representatives
and Senators whose names are so placed by |
the Clerk ard Secretary respectively in &C.
cOrdance with the foregoing provisions and
none other shall be competent to organize
the House Of Representatives and Senate.
IL is claimed by the counsel Of the Nichols
government that this act, so far as it inter
poses the Returning Board exercising these
powers of exclusion between the parish su
pervisor of registration, With his CONSOLE
dated returns and the Secretary of State, is
when applied 10 the election of members of
the General Assembly, of Governor and
Lieutenant Governor, plain violation of
the provisions of the constitution Of Louis
lana, which say returns of all elections for
members of the General Assembly shall be
made to the Secretary of State, and in ref
erenoe to Governor aud Lieutenant Cover
nor, the returns of every election shall be
sealed up and transmitted by the proper re-
turning officers to the Secretary of State,
who snail deliver them to the Speaker of
the House of Representatives.
On the other hand, it is insisted by coun-
sci for the Packard government that the
Legislature has the power to create this Re-
turning Board and give it the authority
with which the act clothes it. 1t is also
claimed by them that the constitutiOnality
o. the act has been settled by the Supreme
Court of the United States; but the Nichols
party denied that the question was decided
by the Supreme Court in a manner that
could be considered authoritative. 1t should
be further stated that it is not claimed by
the counsel for the Nichols government
that the Legislature could not create a Re-
turning Board and clOthe it with these
powers.
In regard to the appointment of presi-
dental electors, since the provisions of the
State constitution on which they rely relate
only to the election of the members of the
Legislature, of Governor and Lieutenant
Governor, we quote the following sentence
from one of their pri nted a. Arguments;
Indeed, as to presidential electors, the
mode of their appointment ie, by the con
| stitution of the United States, left to the
discretion of the LIE legislature of the State,
because the General Asse mbly of Louisiana
might create any tribunal whatever, and
| cOnfide to it the appointment of electors
| for President and Vice President Conse-
| Quently it may properly authorize such a
| tribunal in the case of the election of pres
| identlal electors by the people to count the
votes, and decide and declare who are en-
titled to seats in the Electoral College"
As matters stood on our arrival mere, the
| legal title of the respective claimants to the
Office of Governor depended upon the ques
| ton we have stated. There was no iudiCie
tribunal acknowledged to be authoritative
By both parties by which it could be solved
for the reasons already given. The only
hope of practical solution was by uniOI
of so many members of the rival legislatures
as would make Legislature with cOnsti
tutional quorum ia both houses, of member
whose title to their seats is valid unde
either view of The Law. With Legisla
ture of undisputed authority the settlemen
of other questions could as stated in tn
letter of instructions 10 our commission
from the Secretary of State, beVgraduall.
worked out by the prevalent authorlt
which the legislative power, when undif
puted, is quite competent to exert IN com
posing conflicts IN the coordinate branche
| OF government. Within the last tire
DAYS this first great step in restoring peac
to the State has been accomplished, IN COL
sequence of a withdra val of members trOL
the Packard TO the Nichols Legislature
The latter body las now eighty.seven RI
Tuning Board members in the House, an
thirty-two Returning Board Senators, eli
tv-One members constitute quorum in tn
House, and nineteen in the Senate.
, 1t is proper that we should say, in col
clusion, that it was in view of the tUregoin
! facts, especially the consolidation of til
| Legislature, and our kRe Wledge of the col
| ditIon of Louisiana, derived from persOni
8 | contact with the people, that We were IL
duced to suggest in our telegram of tt
9 | twentieth instant that the immediate a.
a nouncsment of the time when the troOI
t would be withdrawn to their barracl
1 would be better for the peace of LOuisiaI
D than ia postpone such announcement
Y some distant day. The commissioner
/. holding various shades of political belle
q can not well copcur in any sketch of 81
n past or probable future OF Louisiana. v
have iorbOrne in this report TO express al
/. opinion upon the legal question arisiI
o upon the foregoing statement OF facts, b
: cause of the letter of Instruction, wbiC
q seemed to call for statement of fac
t rather than an expression Of opinion by Il
q commission. We all, however, indulge
0 confident hopes of better days forall rae
!. in Louisiana, Among the reasons for the
/. hopes are the resolutions Of the Nicho
l. Legislature, and the letter of Govern
a n c1ools herewith submitted, and wifi
: have slleAdy Getn given to the public.
WITH an sarne st hope that the RdiuI
S ment which has been made Of the polite
: controversies of Louisiana will be of las
e iug benefit 70 thai State, and will be a
Z proved by the patriotic people of all &c
T tiOns, we have the honor ~ be your OF
& dent servants,
9 CHARLES B. LAWRENCE,
1 JOSEPH 4. HAWLEY,
: JOHN NJ. HARLAN,
z JOHN G. BROWN,
9 WAYNE MoVEIGH.