New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-03-23

pose, a ISL OF tue members elect, as ehOWu
by the returns on file in his office, and that
the clerk shall make his roll of each bouse
from the names on that list, and suoh per-
sons, and none others, shall participate ia
the organization Of the house.
Yours respectfully,
HUGH j. CAMPBELL,
OF counsel for Governor Packard.
BRIFF OF ATTORNEY GENERAL W. H. HUNT.
WAsHmGToN, d. C, March 10, 1877.
To the President:
On the second of January last the Legis-
lssure Of Louisiana, in strict compliance
with the constitution of the State, met in
Joint session at the seat of government in
New Orleans They opened and examined
the votes cast for Governor and Lieutenant
Governor as furnished them by the returns
of the Board Of Returning Officers, through
The Secretary OF State, and formally de-
clared s. B. Packard and G. G. Antoine
duly elected Governor and Lieutenant Gov
ernOr by majority OF more than 600 votes
greater than the majority received by the
two lowest candidates for preside ntial
electors on the same ticket.
The Legislature which thus opened and
declared the votes for Governor had been
convened and organized on the Monday
previous. It was recognized by Governor
Kellogg, whose term of Office had not ex-
pired, as the legal Legislature of the State.
Sixty-eight out of LIZ members of the
House of Representatives, and nineteen
out of thirty-six of the Senators legally
returned and those holding over, were pres
ent at the Joint session, constituting q full
quorum of both houses. The members of
the General Assembly who opened and
counted the votes for Governor and Lieu
tenant Governor had been delcared elected
by the only legal authority vested with ia
iaAf fott IN nd Ok rotr -
the reeults of elections in the State. The
decision of the Electoral Commission was
based on the action of the same authority.
By the law Of Louisiana five persons are
constituted Returning Officers of all elee.
tions in the State majority Of these
constitute q quorum with power To act.
The returns which these officers make
are the only returns that can be legally
made of any election in Louisiana
Toe statements of the commissioners ol
election and the statements of the
parish supervisors, who consolidate the
statements of the commissioners, ara sent
up to the Board of Returning Officers
This board receives them, counts them
| complies and canvaeses them, aud makes
the final and only official certificate of the
| result of that vote, which is called "the re
turn" The return thus made is conclusive
under the statute. Repeated decisions o.
| the Supreme Court of Louisiana have 81
| held.
1t is impossible at this day to question
! the title Of Governor Packard with any
/ show of reason or consistency. By thu
actual declaration of the Official authority
! OF the State charged with that duty he be
came clothed by the forms of law Will
actual ineumbency and possession of th'
office. The rival claims of Mr.. Nieh0ll:
rest upon no recognized muniments of It'll,
whatever. He is Governor only by fOrcC
! of arms. Such a tenute in our day anC
country can not receive countenanee.
1t is vain to cry out that we shOul(
| look behind the legal title of Governor
Packard, and that there we will find in
| frmities in it-fraud and false counting. Ii
we could look shind it we would find the
| declaration of the legal authority sustained
not only by probable cause, but by tn,
strongest possible cause. 1t is impossible
for any candid mind to read the testimony
submitted to the Returning Board and ths
/ taken by the congressional committees
without reaching the full conviction tina
the action OF the board is fully sanctioned
| by the evidence.
Upon the eighth of January Governo
Packard took the oath of office and wal
| duly inaugurated as the Governor of Lou
isiana and assumed the duties of his office
| The great zeal, the archives, the publ
records and public property of the Stat
officers constituting his government, oom
menced the discharge OF their respective
functions.
On the day following the inauguration
| of Governor Packard, pursuant to
| plan carefully matured in secret,
body of men, commonly know
as the White League, suddenl
appeared under arms to the number of saw
! eral thousands, and seized upon the court
| al md of he AZ.
police stations, and other public offices il
the city of New Orleans. They have sine
then continued to garrison and occupy tn
| captured premises, and have installed, un
| der armed protection, judicial and other in
| cnmbeRts in lieu Of the lawful functionarie
Of the State government,
Soon after these insurreetiOnary auI
violent measures, the President of th
| United States issued an order directing th
military authorities in New Orleans to pre-
serve the public peace, and to hold thing
as they were until the further action of th
executive. The effect of this order hsi
been to maintain the insurgents in their DO
sition, and to prevent action by Govern0
Packard to recover the captured premise
and property of the State. Their pretended
| government has been restrained from thl
commission of further violence BY thl
| military power of the United Slater, but i
still exists, and by steady encr0achments
in violation Of the order of the President, i
seeking to weaken and undermine the gov
ernment of Governor Packard.
Meanwhile, the condition Of affair
throughout the State is truly lamentable
Business is at a stand-still; the lawful in
dicisl authority of the State is poWerlt ss 4
execute it's processes; the public treasury /
closed, and the funds Of the State are upde
seizure In bank by the courts assuming b
act under constituted authority. Lite An,
property are alike insecure. The Law ha
been turned out of office, and Mr.. Nicholl
asserts the prerogative, aud to some exten
exercises it, Of the executive Of the STAGE.
On the other hand, the lawful Lsgislatur
meets IN the State House daily, deferrinR bh.
business of legislation until the Legitimacy
! Of the government IL recognized. 9ogeruo
Packard has been rendered power lsss 10 re
Et0re order and dialodge the usurpers iron
the positions into which they have Id
truded, while the State House Is protecte.
by an armed force from threatened attael
/ b. the Insurgents
In the upper portion of the city of Ees
] Orleans, and in most Of the paFiahe
I throughout the State, the authority Of Col
ernor Packard is recognized and respected
In the rest Of tho city, however. whef
there is . Democratic majority OF yoters 9
SONS eight er nine Thousand, the teFeres
the case.