New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-04-06
PACKARD TO MR.. HAYES.
REQUEST THAT TIE SPECIAL COMMISSION LOOK
INTO CERTAIN SUBJECTS.

A REQUEST THAT TIE SPECIAL COMMISSION LOOK
INTO CERTAIN SUBJECTS.
NEw-ORLEANs, April 5.-GOv. Packard has
written letter to President Hayes calling his attention
to points which the President did not instruct
the Special Commission to investigate, and which Pack
ard s DESTROYS Of having the Commission 80 into The
letter indicates willingness to enter into negotiations
for compromise OF the pending troubles in louisiana
1t s as follows:
STATE OF LOUISIANA EXECUTIVE DEPARTMENT,
EEVORLEASs. April D, 1871
To His Ereetency President HAYES, Washtnoon, d. O.
SIR Permit respectfully to call your attention to
the fact that the instructions issued 10 the Commission
delegated by to visit this state and report upon the
situation OF affairs either exclude or do not direct inquiry
upon three essential points:
second: Which is the legal Judiciaryf
THIRD: Do domestic violence and instruction prevail
within the meaning VI Section Article H. OF the Consti-
tuition Of the United Statesl
on the first OF these points the instructions say the
service desired urusted to this Commission does
not include any examination into or report upon the
the votes cast at that election. ms inmDits
i i enied to the oces OF Governor and Lieu,
teuanGovernor by yrtne OF the late election and the
as to who were eected TO thc otier disputed o'a.e
Offices Ii IA my desire that searching ana satsiac-
portant point. | believe the nation will Judge OF my
claim according to whether be fact that was elected
doubt upOn point repeated oquests for the recog
Of my Government have not yet been responded
u
more votes than OF the Republican Presidential
electors did not anticipate that my title would thus be
Is further seems to me that In considering the stua
OF affairs in this state it is Of material Importance TO
obedience to tho Constitution by my predecessor, Gov
Kellogg, is the Legal court l. II he so determined ny the
Commission the asceI tainmcnt Of that fact VIII
PROBABLY prove Of assistance in the solution OF the exist
difficulties II the opposing Nichols court De io,
recognition than any other equal number OF lawyers
convened the call OF any other citizen III he state
=
carlng
will thus be able to the lawful executive and
judicial branches of the state government Tue eSS-
Iaivc branch Will adjust itself when you determine who
s the Executive OF the state The fact 10 which Gov
eminent elected being once established the C0nns-
sion would probably fad little officially IN coming to
ON the third point to whether or not there exists
Government as contemplated by SEC A. Art
Of the Constitution Of The o United states
STATS Revised statutes The honorable Secretary Of
state differing from Chief Justice Iancy and the United
States supreme Court In the Weknown case Of Luther
against Borden holds II correctly unicrood ms leter
of sruco that neither constitutional pryision nor
acts OF Congress framed with the dcsisn OF giving
the President power TO decide between contesting claim
ants State Government. In the case referred 10
Chef-Justice fancy. the organ Of the court faid
By this act the power of deciding whether the ext
gency had arisen upon which the Government OF tle
United States is bound TO interfere Is gwen 10
the President, he act upon the application
Of the Legislature of the Executive and consequently
he must determine which body Of men constitute the
legislature or who Is tho Governor before he can act
The fact that both parties claim the right t., to
both cannot he entitled to it: II there is
an armed conflict like the one OF which W we 3, are ar,
speaking it of domestic violence ana one OF the
parties must DO in instruction against the lawfu govern
nent, and the President must OF necessity deGiGe %ca
Is the government and which party Is nla"luy aI!eu
against it before he can perform The dy IMPOSED upon
decision, rich with pgccedents from your predecessor
will be taken MS safe guide for your action. ..
The distinguished gentleman by whom the lnstruc-
OF the Commission were Prepared Is nhdeIs,o 10
the ine of policy toward tins state when mas pTsa
nature OF that policy is disclosed in statement OF the
Hon. f. John Ellis, the most candid 90. OF TN, me
state published lie National Reputticdn Of tue 3oth
ult nom which quote: 81 then iold Mr.: Matthews
were most gratifying US; but there appears to me
good deal of practical difficulty in carr ing out these
that the people who voted ior Hayes had voted FOR
Packard s , tho OF Ietnrn tn board Which had
assumed 10 award the oi Louisiana To HAYES had
awaasG So .H: U %aHd 70 cnn. se S sustain Nichols
under tue circumstances" He replied very quickly
eau see very easily how Nichols can be sustained DO
not assume to speak absolutely for Coy; Hayes
but my policy would be 10 obtain from NICHOLS aosud
ance that the peace would be maintained no one perse
cued on account OF political 0renses life, liberty ana
property guaranteed TO all Then Withdraw your troops
willie hIs government would grow firmly in
authority, and Packard would starve 10 ueatm 10,
lack OF money support Lis g0ycrnment ana should
become necessary Tor the President L. recosI' any
government in that state, he would mad Only Only
one sI'ei iIat Without inquirnr into its
original title he would accept the fact ana recognize H.
earnestly urge that the Investigation by the COlni
sion be- not confined u the narrow inquiry. HOW
Nichols can be sustained and Pickad starved 10 ueah
for tack OF money u support his government -,
the inquiry be thus restricted grave wrons win DC
done To thOse by whom was called u inc EA.cutlNc
char and whose cast. often nj the peru o. ther
lives have elevated Your Excelency 10 the Pr sdehcy
OF tl American people. In their name ana on thelr De
half ASK that the instructions given Ia the commission
may be so amended and enlarged that the rgnt Gan pe
and that the Government thns iouu 10 pc
KepuhIican In lorIn and have been chosen ny ma
joity people, according TO the legal e,hoas SAM
iions, by the Constitution, may be recognized ahd sus
tanned Very respectfully, your o6edent servant 1,