New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-04-16
s-st.. from which there is an inte-

Fellows Hail. o fine looking stone structure front
ing upon q pretty square. A distance of nearly
mile separates it from Packards headquarters.
Here found no guards. civil military, and moth
ing to indicate a condition of things different from
those surrounding the ordinary operations OF tho
government OF a Northern State Both houses were
in session. The Senate impressed me as an assembly
fully up to most Northern legislative bodies i'll in
teigence. Some question concerning new water
route from Ncw-Orleans to the sea was under dis
cussion, and Mr.. Eusts, who claims seat III
the United States Senate, making an elo-
quent speech The presiding officer sat on
platform against a background of large American
flag. The tables of the members were of PLAIN deal
and their chairs of the ordinary cane seat pattern
Among the Senators who were introduced to me was
a colored man who had Just come over from the
Packard legislature and was full of selflaudatory
argument justifying his change of base. The House
meets in handsome hall that was once the Grand
Lodge room. Here, too. the furnishing is OF the
planest description. Most of the members looked
Mc substantial planters village lawyers. A coal
black man was making ringing speech about tho
registry laws and seemed to hold the attention of the
body very well. saw three or four other coored
members.
In little room adjoining the House, Gov. Nichols
has bis Office. lie is of medium hight, OF
muscular build, and has a bronzed face, busby barr
a little grizzled, n square forehead, and pair of
keen gray eyes. One sleeve of his coat is empty,
the arm having gone as sacrifice to the Lost Cause.
LAYING aside enrolled bill which he was reading
preparatory to signing It, the Governor entered into
an easy talk about the controversy with all the con-
fidence of man who feels himself master of the
situation. He said that Packard had authority
outside of the walls of the ST. Louis Hotel except upon
the sidewalks surrounding t,where he (Nichosl had
ordered that the grounds of his rival should not be
moesed The judges of thirteen out of the eighteen
judicial circuits recognized his government; so did
the parish officers in forty-three parishes. while in
none that he knew of there a formal recognition
of Packard. All departments Of the city government
acknowledged his authority. The people were
paving taxes to his collectors willingly, and
had not paid a cent to Packard's officials. The
bonds of his government We're well up toward
par, while Packard's obligations were not sala-
bic at any price. Admitting that his admnistra-
ton had all the attributes of an efficient de f0cio
government and contrasting to surprise
at ITS complete absorption OF power in city and
State, ! brought mp the question of a possible
ultimate decision by the Supreme Court of the
United States the purely legal points involved.
Suppose" | said. "that yOur government is rccog-
nizcd by the President, or Overhrows Its rival by
his non-interycntion and after some weeks or
Court to that Of the United States. and the decision
there that your court is not valid and Packard's
court is. Have You considered that possibility
number of new visitors came in at this moment, and
the Governor turned To his AttorncyGeneTa who sat
ut ms elbow. and begged him to the question.
That gentleman said that he had thought of such
possibility but he confident that the court at
Washington would recognize a de fdciO State court
and refuse to 90 into an inquiry as to the way it
came into existence. But if it should enter upon
such an inquiry he had fears for the result. True
it was claimed that the Senate. which confirmed the
Judges appointed by Mr.. Nichols, was not legal
body, because it did ROt have quorum of members
declared elected by the Returning Board but the
Nichols Government rested its whole case legally,
upon the ground that the Constitution gave to the
Legislature the power to judge of the elections and
qualifications of it, members and that therefore the
board could not determine who had right to sit i'll
either house. The title of the Governor and Of the
Supreme Court Judges rests purely upon this prOpO-
stion.
The weak point in the Nichols government, I
Judged from this conversation, its Supreme Court.
The commissions of all five of the old judges eX-
pired before Gov Kellogg went ont of Office, and lie
reappointcd three of them and added two new ones
TO fill vacancies. The court thus appointed was
confirmed by PackaTds Senate when it had quorum
that this confirmation was void, appointed five other
judges, and his Senate filed up to quorum by its
own action, confirmed them. Now, If neither con
frmation was legal then the three old judges hold
over under an explicit satutc-a very unwecomc
conclusion for the Nichols people. They can only
escape it by going back and denying that the Re
turning Board had of right anything to do in
creating the Legislature, and this is the position
they viii take. Ex-Gov. PinchGach who intro
duced me to Gov. Nichols said, after came ont,
that in theory Packard was right but that the ques
ton was practical one, and could not be settled
by the application of strictly legal principles Pack
ard could not maintain himself without an army
of 10000 men to enforce his authority throughout
the State Kellogg for four years had no real au-
thorty outside Of New-Orleans where the Federal
garrison upheld him. In the parishes whero any of
his appointces weI~ obnoxious TO the people they
ran them OFF. and he appointed Others on their
| recommendation The people of the State would not
submit any longer to the old order of things unless
! forced to by military government. He was in
favor Of looking at things as they were and making
the best of them From the professions of Gov.
Nichols and his leading supporters he was satisfied
that the rights of the cOloTed man would
have full recognition under the conservative
government. lie was himself member of
the State School Board, and in making up the local
boards his white associates took care 10 give the col
ored MISREPRESENTATION without his insisting
it, As a rule one-third of the members of parish
boards were colored. A great many cOlored county
officers elected as Republicans had been COM
missioned by GOV. Nichols. Mr.. Pinchbacl thought
there was 40 ground for compromise between the
two parties and SAID the only sensible settlement
was for Packard to retire and permit the members
of his legislature whose election is conceded to join
! the Nichols government.