New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-04-28
THE LoUTsIAlgA ColFAEIssT0ET
9TB9 ElIlaTt
REPORT TO THE PRESIDENT

President Hayes TO adjust the political af- |
fairs of Louisiana, was furnished to the |
press on Wednesday last;
New ORLEANS, La, April 81, 1877.
To the President of the United States
SIR-In accordance with your request the
undersigned have visited this city and
passed the last sixteen days in ascertainiDg
the political situation ia Louisiana, and en-
deavOriDg to bring about a peaceful solu'
ton of its difficulties. In view of the deela-
ration in the letter of the Secretary Of ate,
that we should direct our efforts to the end
of securing the recognition of a single Leg
islature rs the depository of the representa-
tive will of the people of Louisiana, leav-
ing, if necessary, to judicial or other con-
stItutional arbitrament 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 it could be done without endaDger
ing the peace, we addressed ourselves to the
task of securing common Legislature of
undisputed authority, com petenb 10 COM
pose the existing political contentious, and
to preserve the peace without any aid from
the national government To this end We en-
deavOred to aseaage the bitterness and ami
mostly we found existing on both sides, so as
to secure public opinion less unfavOrable
to such concessions as were Indispensable
| to our success. IN obtaining such Legis-
lature and such a general acquiescence an
it's authority as would insure social order,
we have had full conferences with the two
| gentlemen who claim the gubernatorlsl Of
| ice, and with many other members of their
respective governments, in their executive,
| judicial and legislative departments We
| have also cOnvei sod very freely with large
delegations of men of business, with many
| of the district iudges, and with hundreds
of prominent cltizens of all parties and
| fsnrr mt only nil 70 hnf
! almost every parish in the State. We have
also received many printed and written
| statements of fact, and legal arguments,
aud every person with whom we came IN
contact has shown an earnest desire to give
| US all possible information bearing upon
the political divisions in this State. The
| actual condition OF affairs on our ar
rival in this city may be briefly stated as
| follows:
Governor Packard-we shall speak of
1 both gentlemen by the title they claim
! was at the State House with his Legislature
| and friends and an armed police force. AS
there wss NO quorum in the Senate upon
his own theory of law his Legislature WIS
necessarily inactive. The Supreme Court
which recognized his authority bad not
attempted to transact any business since II
was dispossef sed of its court room and the
custody of its records on the ninth day OF
January, 1877.
He had no organized militia alleging
| that his deficiency in that respect was ow.
ing to HE obedience to the orders of Presi
dent Grant to take no Steps to change the
relations of himself and Governor Nichols
His main reliance was upon his alleged
title; claiming that it was the constitn
tional duty of the President to recognize
and afford him such military assistance al
might be necessary 10 enable him to asser
his authority as Governor.
Governor Nichols was occupying the Ode
Fellows Hall as a State House; his Legls
lature met there and was actively engaged
in tho business of Legislation; all the depart
merits of the government of the city OF New
Orleans recognized his authority; the So
preme Court nominated by him, and con
frmed BY his Senate, wss holding daily ses
sions and had heard about 200 cases. Tn
| time for the cOllec ion of taxes had not III
, rived, but a considerable sum ef money il
the form of taxes had been voluntarily pai'
into his treasury, out of which he was de
irsying the ordinary expenses of n Stat
government. The Nichols Legislature ha
, a quorum in the Senate upon Either tn
t Nichols OF Packard theory of the law,
| quorum in the House on the Nichols, bu
not the Packard, theory. The Paekar
Legislature had a quorum in the House o
q it's own theory of the law, but, es alread
{ lNstated, not III the Senate, and was thus di
abled from any legislation that would b
valid, even IN the Judgment Of its ON
= The commission found il to be very diff
+ | cult to ascertain the precise extent |
): | which the respective governments wers AZ
. | knn lodged in the various parishes Outsid
Z of New Orleans; but it is safe 10 say thu
5 the changes which had taken place in tn
{ parishes after the organization of the tw
g governments on the ninth of January
= 1877, were in favor of the Nichols govern
menk The claim to legality of the 81
J. preme Court composed of Chief Jus'ic
Q MsnnlDg and as~UCiI'es, who were non
;, mated ~ Governor Nichols aud conf III =
: by bic Senate, rests upon the same basis q
the title OF General Nichols and his ST.
s a,e. The claim TO Legality OF the SupreHi
Court composed OF Chief Islier Ladt liz
l. and his associates rests either upon thei
right to hold over, in case the kioholl
, court is illegal, or upon the legality of tn
: Kellogg. Packard Senate, which cOntirme
the Judges upon the nomination of Govern
= or Kellogg and while it had Returnin
l. Board quorum. The constitution Of th
t State of Louisiana requires that returns c
T. elections for members of the General Al
f sembly shall be made to the Secretary G
It State. 1t also provides that the qualite
r electors shall vote for Governor and Li6t
T tenant Governor at the time and place {
d voting for Representatives.
Q The returns of every election shall
t sealed and transmitted by the proper II
turning officers to the Secretary of Stat
q who shall deliver them to the Speaker {
d the House of Representatives on the secon
e day OF the General Assembly then to
l. holden. The membeHs of the General Al
II sembly shall meet in the House of Repr
sentatiVes and examine and count the vote
o 1t will be observed that this provision
v the constitution requires that the returne
D. the votes for Governor and Lieutenant Go
Q ernOr arctic be sealed up and trausmitte
:; by the proper returning officers TO the Sc
II rotary OF State, and the same provision
B. made in substance as to the mepb ere of tt
d General Assembly; but in 1870 the Legisl
n ture passed an act, amended in lSf
D. which created body called ReturniI
n Board, consisting of FIVE members, to
Il appointed by the Senate and to be the r
It turning officers for all elections in Il
'e State The act provides that the commt
IT siOners of election at each poll or yotiI
o place shall count the votes, making il
II Of the names of all persons voted for an
l. the officers for which the votes were give
the number of votes received by each; Il
& number OF ballots contained in The box al
N the number rejected, and the Reason
% therefor; and TO make duplicates of sue
% \ lists and send one to the supervisor OF Tegi
a. ltration of the parish and one to the clerk
r the district court, and 10 the parish OF o
10 leans 70 tine Secretary Of State. The la
I; further Fe quires tho supervisors of registr
d ti0n to consolidate he returns receiyt
n from the different polling places and 70
o. ward them with the originals to this X
10 turning Board The act further provide
tHat n thef8 shell be any riot, tumuif, sc
Of of violence, in iimidation and disturbance
10 bribery or corrupt Influences at sny plR
y within the SAID parish, at or near any pc
hi or Voting nlaeb or Ilaoe of registration