The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-04-06


letter to the President:
STATE OF LOUISIANA,
EXECUTIVE DEPARTMENT,
NEW ORLEANS, April s, 1877.
To his EreslLeney President Hayes, Wash-
in9ton:
SIR Permit me respectfully to call
your attention TO the fact that the in-
structioRs issued to the commission, dele
gated by you to visit this State and re-
port upon the situation OF affairs, either
exclude or do not direct inquiry on three
essential points. lst. Which is the legal
government entitled to recognition2 2nd.
Which is the legal judiciary S.d. Do
domestic violence and insurrection prevail
within the meaning of section 4 of arti-
| Gle of the Constitution of the United
States. On the first of these points the
instructions and the service desired Of
and entrusted TO this commission do
not include any examination into or re-
port on the facts of the recent State
election. or of q canvass of the votes
cast at that election. This prohibits the
commits sion from inquiry as TO who are
entitled TO the offices Of Governor and
ACKNOWLEDGEMENTS by virtue OF the
late election and the canvass of the vote
by the General Assembly, and also as to
who were elected to the disputed offices.
1t is my desire that a searching and sat-
isfactory investigation should be made
upon this important point. believe the
nation will judge of my claim according
to whether it be fact that was elected.
AIN constrained to think that your ex-
cellency is in doubt on this point, rs re,
peated requests lor the recognition OF my
government have not yet been responded
to, and confess that having received
several hundred more votes than some
of the Republican Presidential electors,
l did not anticipate that my title would
thus be put in question. 1t further seems
to me that in considering the situation of
affairs in that State, it is of material
Importance to ascertain if the Supreme
Court appointed in obedience to the
Constitution by my predecessor, Gov.
Kellogg, is the legal court. If 1t be SO
determined by the Commission, and
the ascertsinment Of that tact
will very probably prove an
assistance IN the solution of
the existing troubles. If opposing
the Nichols court be found rs stated by
President Grant TO be entitled to no more
recognition than any other equal num-
Der of lawyers convened on the call OF
any one other citizen of the State, the
nation will surely justify the Commits
sion in SO declaring. By investigation
in these two points your Excellency will
thus be able to ascertain the lawful exc.
cutive and Judicial characte: OF the State
government. The legislative branch will
adjust itself when you determine who Is
the executive. The fact as to which
government was elected being once es-
tablshed, the commission would proba'
bly, find little difficulty in coming TO a
conclusion on the third point, as 10
whether or not there existed such domes-
tic violence and Insurrectlon against that
government as is contemplated by section
4, article of the Constitution OF the
United States, and sections $3.50, 5,299
and 5,400 OF the United States Revised
Statutes. The Hon, Secretary OF State
differing from Chef Justice Taney
and the Uuted States in the
well known case of Luther vs.
Borden, holds that, if correctly
understand his letter OF InstructIons, that
neither the Constitution nor tho provl-
sions or acts of Congress were framed
with the design OF giving the President
power TO decide between the contesting
ii. 90 ha n
the case referred TO Chief Justice Taney,
as the organ OF the Court, said: by tins
act the power of deciding whether An
exigency had arisen upon which tho gov
ernment of the United States is bound TO
interfere, is given to the President TO act
upon the application of the Legislature
or of the Executive, and consequently
he must determine what body Of
men constitute the Legislature
and who is Governor before ne
can act. The fact that both parties claim
the right TO govern cannot alter the case,
for both cannot claim it. If there is sn
armed conflict like the one OF which we
are speaking, 1t Is case OF domestic Vlo-
!ence and one of the psrtle: must be IN in
surreCtion against the lawful government
and the President must OF necessity de-
eide which is the GOV ernment and which
party is unIawiully arraigned against
it, before he can perform The
duty imposed on him by the act
of Congress" May | not ex-
pect that this dicision, rich with
precedents from your predecessors,
will be taken rs a safe guide for your
action. The distinguished gentlemen by
whom the instructions OF the commission
were prepared, are understood to favor
the line of policy towards this state
which has been foreshadOwed by Hon.
Stanley Matthews. The nature of that
policy is declared in tue statement OF
Hon. +. John Ellis, the most candid Of
the Democratic representatives from
Loulsians, published III the National
RspuJLtcan OF the 30th ut, from
which l quote Il then told Mr..
Matthews that his views and
those he attributed 10 Gov. Hayes were
most gratifying to US, but there appeared
to be q good deal OF practical difficulty
in carrying ou, these Views. l told him,
for instance, with regard TO Louisiara,
,hst the people VINO had voted tor Hayes
had voted for Packard; that the sup
porters OF Tilden were the supporters ci
Nichols: that the retursIng board
which had assumed 10 award the vote of
Louisiana W Hayes, awarded siso q ma
iority to Packard, and that | did not
see how Hayes could consistently sustain
Nichols unCer the circumstances. He
replied very quietly, Il can see very
easily how Nichols can be sustained.
do not assume to speak absolutely for
HAYES, but our policy would be 70 Oh
,sI6 from Nichols The assurance that the
peace would be maintained. No one
presented al account OF the political
Offences. When iIie, liberty and pros
perity il guaranteed 70 a!l, then with
draw the troops. Your people would
then pay taxes only to Nichols, while
his government would grow formally in
authority. and Packard would stsrTe
70 death .or lack Of money
to support his government, and
! f.r Il