, 1877-04-16

for Governor. In like manner tho State
Constitution makes each 1Iouse Of tho Con-
eral Assembly exclusive judge Of tho olec-
tions and qualifications Of lis own NOM
bers, and II provides expressly (Art. 4e) That
tho raturns Of alt elections for members OF
The General Assembly shall bo mads to the
Secretary Of State. It will bo observed that,
however extensive and absolute tho powers
OF tho Rslurning Doard may have been over
tho returns Of Tho election for all other
officers, IL had no power whatever 10 revise,
or alter, or otherwise control, tho returns for
Governor, Lieutentant-G t-Goyornor, or MON.
bers Of tho General Assembly. Tho returns
for these officers, tho Constitution provided,
Ahonld b c7nrassoi BY kse General AaemNy.
Herein lies the wido difference between tho
case Of the President and Of PAcKAnp. Tho
Returning Board had full authority Of law
to revise, eanvass, correct, aud purge tho re-
turns for Presidential Electors, and It did SO.
Thcse revised resurna were made by tri.
bnna1 fully empowered to make tllor,, and
those purgod returns showed majority
for tho Republican Electors. That
was result reaebed in stsict con.
forrnity with tho law Of the State. but
tho Returning Doard OF Louisiana wont be-
yond this; It assumed authority to pass
Judgment upon tho returns Of the election
for Governor md Lieutenant Governor, and
to alter and change those returns, when
the Constitution Of tho Stato percmptorily
required that Tho Secretary Of Stats shall
sond the Original returns Of the votc for
Governor to Me General Asscm5lv, to b.
counted BY that body, md tho psrson having
tho greatest numbers Of votes shall 10 declared
by that body to DO tho Governor OF tho
State. In the case Of Louisiana, there wero
two bodies or factions, each calling itself tho
General assembly. In each Of theao bodies
waa number Of members whose election
was undispnted; some who held over from
previous elections others elected by tho re-
turns; and others declared elected by tho Ro-
turning Board. Each Of these bodies pro-
fesBed to count tho votes for Governor,
and each declarcd a Governor to have
been etoctcd. Neither Of these Legis1a-
tures had the original returns Of tho voto
for Governor. Ono had tho returns as re-
vised by tho Returning Board, and declared
PACKARD electod: tho other had copies or
duplicates Of the original returns, and d.
clared NICHOLS elected. Mother I.ogis,a-
ture had quorum Of legal1y-clectod ,nem-
bess in both branches, and, therefore,
neither had lawful authority;to act aud as
the original returns for Governor were navor
before eithsr body, as tho Constitution Of
the State commanded they should be. tho
vote for Governor has mover been legally
canvasaed, nor tho result legally declared.
Under these circumstances, 1t is not din.
cult to discover that there Is wide distinc-
ton between the title to Office by tho claimant
PAoKARp and President HAYES aud there is
abundant reason why tho President, before
recognizing either claimant, should inquire
whether there had over boon formal cau-
vass Of tho vote for Governor OF Louisiana
in tho manner and by tho authority required
by the Constitution Of tho State, mud 1t not,
to endeavor to havo tho constitutional mn
ehinery to that end put in operation.