The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-04-14
MIR. PACkARD,S TITLE.

tho commissioners with entertaining OF
the power and irresistibility Of "the DC
fncto'' or Nichols government, 80 clear
ly indicate that their report will confirm
the President in his purpose to with
draw the troops and leave Gov. Nichols
| master Of the situation, that we are not at
all disposed to quarrel with the singular
theory of the case advanced. Neverthe-
less. in the interest OF truth and the
good fame Of the people OF Louisiana,
| we deem it proper to point out the fall
lacy, If not the absurdity, Of the assump-
ton that the Packard government IL
the de jure government Of this State.
/. The right OF election by the quail
fed voters of the States is the very es-
sence and fundamental principle OF the
American constitution and OF the CON
stitution of every State in the Union
and to transfer that right to any board,
committee or other set OF men, is step
leading to the destruction OF our whole
system OF Republican government The
Commissioners. we think, will not dis
pute this irrefutable proposition. nor
deny that. the officials composing the
Nichols government, In general cleo
ton. held on the 7th of November. 1876,
under the laws Of Louisiana. received
popular majority. averaging eight thou
sand votes, at the polls. TO hold. then,
that Packard and his officials, who were
| counted in by tho Returning Board
through processes arbitrary, ire
sponsible and irregular, and by
which the expressed will OF the
people was annulled and actually
reversed, constitute tho de jnre gov
eminent of this State, involves the
grossest confusion OF ideas, making
the same proposition which Is false in
theory and argument, true in fact
Q. The only claim that Mr.. Packard
has to the Office of Governor, and the
title OF his so called representatives and
senator's, grow out OF, and are based on,
the action Of the Returning Board by
which the will OF majority OF the peo-
pie was annulled. A strong effort has
been made to give to this lawless and
corrupt action of the Returning Board
the character of indisputable legality
by affirming that the act OF the Legis-
lature creating the board had been dc.
clared by the Supreme Court to be
constitutional. But, q few days ago,
we printed the decision Of the court re-
lied upon to sustain this position, and
all who can read may see that that
court. corrupt as 1t was, and consti-
tuting as it did, part OF the conspiracy
against the liberties Of this peo-
pie, did not dare to affirm that the
act was constitutional. but lodged
the issue. Thus. the act creating the
iniquitous board, on whose actions
and decisions the Packard govern
ment bases it's claim to legality, has
not even the poor merit OF q decision
Of corrupt and partisan court affirming
its constitutionalty. Indeed, the most
corrupt court that has existed since the
time of Jeffries dared not perpetrate
the infamy Of declaring that act consti-
tutional The board, then, from which
the Packard government draws Its life,
Ia the mere creature OF corrupt, igno-
rant and partisan Legislature, and Is
viol tive OF article As of the constitution
of the State, which Is as follows:
The qualified electors for Representa- ives shall
vote tor q werner AID Lieutenant Governor At
the time and place of voting for Representatives;
tho returns OF every 81. ction shall b seaied ny
and q ausmitted by the proper returning titiot
to tho Sc, retsry of Sta =, who shalI deliver them
to he speaker If he Huu Q OF Representatives
on the 5000, d day Of t"e session OF the dener"
,l,a In hfsli m n
the G. neral Assembly shall meet in the H"uee oil
Representatives to exam,ne aud oount the votes
| And OF article 81 OF the constitution
which says:
Each house Of the General Assembly shall
Judge OF the uuaif aations and election and re-
turns OF its members
The act creating the Returning Board
delegates to the board the very author
Iity to count and canvass the votes which
the constitution in these articles con
feres upon the General Assembly OF the
State. Thus. before the commissioners
can maintain before the country thai
the Packard government is the dejurt
government Of Louisiana, they must
bring arguments that will reverse al
tho theories, doctrines and settled prin
ciples of constitutional law, and con
vince the American people that q mere
act Of the Legislature Is not only su
preme to the constitution of the State
but may even destroy the right Of cleo
ton, and transfer the power to choose
Governors and Legislatures from the
qualified voters to three or four indi
viduals.
3. Since dejure government in fret
| country must necessarily be the choice
: of majority Of the legal voters OK
pressed through the constitutional ant
legal methods Of election, it Is utterly
, preposterous, utterly absurd-a confu
sion Of ideas and q contradiction in term