Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1877-04-14
WHOLE NO. 1881.

respectfully to call your attention 10
the fact that the instructions issued TO
the Commissioners delegated By you 20
visit this State and report upon the
situation of affairs, either exclude, or
do not direct, inquiry upon three es-
sentlal points
First-Which is the legal govern
ment entitled TO recognition
Second-Which is the legal Judici-
ary2
Third-Do domestic violence and In
surrection prevail, within the meaning
/ of section A, article 4 Of the Coustitu-
tion of the United States2
On the first Of these points. the in
structions say; THE service desired
of and intrusted to this Commission
does not include any examination into
or report upon the facts Of the recent
State election, or of the canvass Of the
votes cast at that election" This in
hibits the Commission from all inquiry
as to who are entitled to the Offices Of
of Governor and Lieutenant Governor
by virtue Of the late election and can
vass of it by the General Assembly N and
also as to who were elected TO the other
disputed State offices. 1t is my desire
that searching and satisfactory in-
vestigation should be made upon this
important point | believe that the
nation will judge of my claim accord
ing to whether it be fact that I was
elected. am constrained to think
that your excellency is in doubt upon
this point, as repeated requests for the
recognition of my government have
not yet been responded to, and / con-
tess that, having received several hun
dreds more votes than some of the Re
publican Electors, did not anticipate
that my title would thus be put in
question. lt further seems 20 me that
considering the situation of affairs in
this State, il is of material importance
to ascertain whether the Supreme
Court appointed in obedience TO the
Constitution by my predecessor. Gov.
kellogg, Is the legal court. If il be
so determined by the Commission. the
ascertainment Of that fact will proba-
bly, prove of assistance in the solution
of existing difficulties. If the opIos-
ing Nichols court be found, as stated
by President Grant, TO be entitled to
to no more recognition than any other
equal number Of lawyers convened on
the call of any other citizen Of the
State, the nation will surely justify
the Commission in so declaring by in
vestigating these two points. Your
Excellency will thus be able TO asoer-
tain the lawful, executive and judicial
branches Of the State government.
The legislative branch will adjust it's
elf, when you determine who is the
executive Of the State. The fact az 70
which government was elected being
once established, the would
probably find little difficulty In coming
to a conclusion on the third point. as
to whether or not there exist such do
mestic violence and insurreotiOn
against that government as is contem-
plated by section four, article four, Of
the Constitution of the United States.
and sections 5,297, 5,299 and $500 Of
the United States revised statutes.
The Honorable Secretary of State, diff
feriug from Chief Justice Taney and
the United States Supreme Court in
the we'll known case OF Luther vs..
Borden, holds, if L correctly under
stand his letter of instructions, that
neither the constitutional provision
nor the acts of Congress were framed
with the design Of giving the President
power to decide between contesting
claimants to State governments. In
the case referred to. Chief Justice
fancy, as the organ Of the court, said
by this act the power of deciding
whether the eXigency had arisen. upon
which the Government Of the United
States is bound to interfere, Is given 10
the President. He acts upon the ap-
plication Of the Legislature or Of the
executive, and consequently he must
what body Of men constitute
the Legislature and who is the Gov
srnor before he can act. The fact that
both parties claim the right to the
can not alter the case, for
both can not be entitled TO il. III
here is an armed conflict, like the ono
)f which we are speaking, il is a case
)f domestic violence, and one of the
parties must be in insurrection against
he lawful government and the Presi-
lent must of necessity decide which is
he government, and which party is
arrayed against il, before
ne can perform the duty imposed upon
him by the act of Congress. May /
rot expect that this decision, rich
With precedents from your predeces-
iors, will be taken as safe guide for
your action The distinguished gen
leman by whom the instructions of
he commission were prepared, is un-
TO favor the line Of policy to-
wards this State which has been fore
jhadOwed by the Hon. Stanley Mat
hews. The nature of this policy is
disclosed in the statement Of the Hon.
b. John Ellis, the most candid Of the
Democratic Representatives ia Con-
,ress from this State, published in the
National Republican, of the Both ult.,
rom which quote II then told Mr..
Matthews that bis views, and those ne
attributed to Governor Hayes, we're
most gratifying to us; but there sp-
,eared to me a good deal Of practical
difficulty 10 carrying out these views.
then told him, for instance, with re-
,ard to Louisiana, that the people who
lad voted for Hayes had voted for
Packard; the supporters Of Tilden
we're the supporters of Nichols that
he Returning Board which had as
umed to award the vote Of Louisiana 10
Hayes had awarded also majority 10
Packard and that | did not see how
'ir. Hayes could consistently sustain
Nichols under the circumstances
lie replied. very quickly, I can sec
low Nichols can be sustained. j do
lot assume to speak absolutely for
jov. Hayes but my policy would be
O obtain from Nichols assurances
hat peace would be maintained, no
me prosecuted on account Of political
,ffenses, life, liberty and property
guaranteed to ALL then withdraw the
roops. Your people would then pay
axes only to Nichols, while his gov
.rnment would grow firmly in author
ty, and Packard would starEe 10 death
or lack of money TO support his gov
,rnment, and that should il become
necessary for the President 10 reoeg-
iize any government in that State, be
would find only one government in the
Of Nicholls-and that,
without inquiring into its original ti-
lie, he would accept the fact, and re-
,ognize it. | earnestly urge that
he investigation by the Commission
DO not confined h. the narrow inquiry
how Nichols can be sustained and
Packard starved to death for lack Of