New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-04-27
THE FTHIcS or TIE SET7LEMFNI.

THE ETRICS or TIE SET7LEMFNI.
The Report of the Louisiana Commission, COM
ing after the controversy to which 1t refers has
been finally and peacefully settled, is read by
the public with only u languid interest, and
vet il is worth careful attention. 1t dispels an
error which appears to prevail extensively III
the Republican party. The action OF the res
ident, in refusing to decide between Packard
and Nichols and insisting that the State or
Louisiana shall be allowed to govern herself,
is very generally approved rs the shortest
road to peace, and indeed the only road piac-
ticable in the present condition of affairs; but
it is taken for granted that, as question of
legality and strict right, there is no disputlng
the title of Packard to the Governorshlp. Adj
hitting that the President has acted wisely
a great many Republicans nevertheless think
it pity that he should have been forced to
yield to plain usurpation.
The Report of the Commission, stating the
naked facts of the controversy without argu-
ment or partisan cOloring viii relieve our
minds of this unpleasant miscOnceptiOn. 1t
shows that while the legality of the action OF
the Returning Board in relation to Presidential
electors is beyond dispute, there is very
grave constitutional question as to its right TO
canvass returns for Governor, Lieutenant
Governor. and members of the Legislature,
and that this question lies at the very founda-
tion of the claims of Nichols and Packard.
There was no tribunal of admitted validity
in the State by which the dispute could
he settled. There were only two modes
of disposng of it; one was for the President
l., ,,,.1i az nj anthn ~
and after passing upon this nice point OF con-
stitutiOnal law to execute his decision by the
use of the army; and the other was to bring
together Legislature composed of members
whose title is admitted by both parties, and
allow that body TO work out settlement by
"thc prevalent authority which the legislative
"power, when undisputcd, is quite competent
" to exert in composing conflicts in the CO.
Coordinate branches of the Government"
There can hardly be question as to the pro-
priety of the choice the President has made
between these alternatives. Far from making
himself n party to surrender or sanction
ing usrlrpation, he has treated the Governor
ship as a question in dispute which an author
ity within the State can settle more properly
than he can.
A
own title is in no way involved in this issue,
and that the recognition of Nichols will not
imply that the Presidency has been awarded
on technicality. 1t is quite true that the
Returning Board figured out majority for
Packard 1SS greater than the average majority
for the Republican Presidential electors, and
it seems to be assumed that the moment we
undertake. to 90 behind these figures and scru
tinize the returns as the Legislature accord
ing to the Democratic theory can do in the
case of Governor, but not in the case of Pres
ident, we shall find that Tilden and Nichols
must stand or fall together. But this is not
true. 1t was quite on the cards that the Re-
turning Board, which cared more for the
State Administration than it did for the
Presidency, should push the rejection of
votes beyond all reasonable limits for
the sake of fastening Mr.. Packard TO President
Hayes's coat tails. Because it acted properly
in throwing out the polls at which there was
not free election, we are not bound to admit
that ali its proceedings were proper. In point
of fact the honest vote for Hayes in Louisiana
seems to baye been considerably heavier than
the vote for Republican State officers. Throw
out the bulldozed parishes, and see how the
case stands. These parishes were L. Baton
Rouge, f. ana W. Feliciana, MOrehouse, Qua
chta, Grant, De Soto, Lafayette, and Webster.
The Board threw out in these parishes ], 491
Republican and 1854 Democratic votes for
President, and 1,4S5 Republican and $3.50
Democratic votes for Governor and that left a
majority of S14 for Hayes and $50 for Nichols.
Uneasy Republicans who are worrying over
the bearings of the Louisiana settlement upon
the Presidents title will do well TO keep these
figures in mind.