The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-04-14
They Are Checkmated by tho
Firm Stand Of Nichols
Against Compromise.
The 90 ncInsions or the Commissioners
Is THAT Packard Is De Juro but
POwerlcss, Nichols De facto
but All Powerful.
Packard Ready 10 Enter Into Al Arrange
ment for IOIni Session The Cipher
Report OF the Commission Laid
Before tho Cabinet Bog


NFw ORLEANS, April lS.--Yesterday,
II IN understood, the commissioner
held session which lasted until Ave
O'Clock this morning. They were con.
sidoring a message 10 the president,
General Anger, who was present., 10
duced the message TO n military ci-
pher. TIE tenor OF the message 10 not
known, Tut II ~ believed II notifies the
president that they hnd concluded
their investigation under present In
structio0s, aud suggesting that they
were ready W receive any further In
Structions tho president might desire
TO give them,
The New York Trlbune's New Or
leans dispatch says: ut may safely DO
stated that the majority II not all the
members have been led by their In
quiries TO the following conclusion:
First. Paokard's government has tho
best II not the only de j,To title. IL
the returning board be constitutional
part OF the machinery Of election, then
Packard, his court, his officers and his
legislature are the legitimate products
of that machinery. There Is room for
fair doubt ~ TO the constitutional
power of the board 10 make upa legis-
lature aud 10 act judicially. On the
supreme court decision denying II
the power, Its return was bind
ing. Nichols party had before no
right to build up government on
their own doubts as to the constitu'
tionality Of It's powers under which the
board acted. The question goes to the
president, however, not as u legal but
as n political one, and he may fairly
satisfy himself and be governed by bis
own construction as to whether the
boards action was CONSTITUTIONAL.
Second. That Nichols government
exercises complete dc fdcto authority
throughout the state, aud In every acre
OF It's soil except within the walls OF
the old hotel, used by Packard as a
statehouse. The assertions of Packard,
that In certain heavy negro parishes
he is recognized have not been veri-
fed--reputable gentlemen Of both par
ties having come in from these par
ishes TO assure the commission that
Nichols administration meets with
no more opposition in these localities
than In New Orleans, Packard's
statement that nearly all the
circuit judges In the state
recognize him has been found to rest
solely in the fact that these judges
were commissioned by kellogg, and
il dis pproved by oaths OF office filed
by them with Nicholas secretary of
state. 1t il generally true that Pack
ard Ia q prisoner In the state-house and
his claims are actually supported by
nobody in Louisiana except members
of his government and two or three
hundred guards he il feeding and pay
ing. No doubt the negro population
believe IN his right, and want II en-
forced but they win not raise q finger
to mid him, while the white population
IRE In active and determined hostility
to his pretensions.
Third-That Nicholas administra-
ton Is maintaining order throughout
the state and protecting rights of both
races, and peace and prosperity would
result from its continuance.
Fourth--That Packard's administra-
ton cannot be established by simple
recognition ON the part of the presi'
dent, but only by the use OF a large
force Of federal troops TO crush out the
acting government aud the mainte.
nance of garrison In the state during
the whole of Packards term. Fur
Their, II this course were practicable II
would involve q continuance OF the
race conflict and social industrious
disturbances and business depressions
which characterized Kellogg's admin
/ istTatiOn.
| Note. 1T is thought the above Is the
substance of the communication TO
the president. f3o
A Washington dispatch says u Is re-
i liably ascertained that the Lou isiaua
commissioners In their long cipher
dispatch to the president, yeste rday,
Enthusiastically narrate the result Of
their conference with. Nicholis and
\ Packard, the respective supreme judges
and other parties interested. They say
they find the Nichols party are moi
disposed to make concessions, bot will
maintain their ground, Ia sthe belief
and hope that ultimately, as In the
case OF Hampton la South Carolina
they will have full and unobstructed
possession of the Louisiana stat,
government. The Packard party ar,
| ready TO enter into an arrangement
| for q joint legislature to determine
pending questions, but this being re
iected by the Nichols party, the Pack
ard party ask the president TO deter
mine which is the legal state govern
ment In addition to the above 1t cal
be stated that the president declines =
act upon the request, as under presen
circumstances he would not be justl
fed IN making decision, owing h
the disagreement OF the Nicholls an
Packard parties, and the unpromipin
Z prospects Of an accommodation. Th
, commissioners ask for further instru,
tions. The telegram from the CON
missioners was laid before the cabin,
and read at length, and gave rise
, general changes Of opinions during III
! day, and the result OF the cabin'
! meeting IL that further instruction
; viii be sent TO the commissioners.