The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-04-07

the opposing Nichols court be found, "a
stated by President Grant, TO be entitled
TO no more recognition that any other
equal number OF lawyers convened on
the call of any other citizen of the state.
the nation will surely justify the com
mission in so declaring.
HE LEGISLATIVE BRANCH
Will adjust itself. When YOU determine
who is the executive OF the state. the FAC.
as TO which government was elected
being once established the commission
would probably find little difficulty in
coming TO a conclusion on the third part
as TO whether or not there exist such do
nestle violence and instruction against
that government as contemplated by Sec
ton 4, article 4, OF the constitution of the
United States. and sections 5,293 and
$500 of the United States revised siatu.
ties.
The honorable secretary OF state, diff
lering from ChiefJustice fancy aud the
United States supreme court in the well
known case OF Luther vs.. Borden, holds.
il ] correctly understand his letter of in
structions, that neither the consttu-
tional provision nor the acts of congress
were framed with design Of giving the
president
The POwER TO DECIDE
between the contesting claimants to a
state government. In the case referred
TO, Chief Justice Tauev as an organ OF
the court said. by this act the power
OF deciding whether the exigency had
arisen upon which the government of
| the United States is bound 10 interfere,
is given to the president. he to act upon
| the application OF the legislature or of
| the executive. and consequently he must
| determine what body OF men constitute
| the legislature and who is the governor
before he can act. The fact that both
parties claim the right TO the govern
| ment cannot alter the case, for both can
not be entitled to il. There is an armed
| conflict like the one OF which we are
| speaking; il is 4 case OF domestic yio-
lence. aud one OF the parties must tie in
| instruction against the lawful govern.
menr. aud the president must OF neces-
| sity decide which is the government,
| aud which party is unlavfully arrayed
against il, before he can perform the
| duty imposed upon him by the act OF
congress"
May not expect that this decision rich
with precedents IRON your predecessors,
will be taken as safe guide for your ac-
| ton: The distinguished gentleman BY
whom the instructions OF the commission
were prepared is understood TO favor a
| line OF policy towards this state which has
been foreshadowed by Hon. Stanley
Matthews. The nature OF that policy Is
disclosed In a statement OF Hon. John L.
| Ellis, the most candid OF the Democratic
r. representatives. in congress from this
| state, published in the National Republican.
| OF the Both nit, from which ! quote: 81
| then told Mr.. Matthews that his views
and those attributed TO Gov. Hayes were
most gratifying to US, but there ap
peared 10 me good deal Of practical
difficulty in carrying out these views.
| told him, for instance, with regard tC
| Louisiana, that the people who had voted
| for HAYES had voted for Packard; the
supporters OF Tilden were the support
ers OF Nichols; that the returning boarC
| which had assumed toward the vote OF
Louisiana 10 Hayes had awarded also 9
majority to Packard and that
did not see how Dir. Hayes
| conld consistently sustain Nlcholl.
| under the circumstances lie re
piled very quickly. can zee very easily
how Nichols can be sustained. | do no
assume to speak absolutely for Governor
hayes, but my policy would be to obtair
4 ~
would be maintained; no one here perse
cuted on account Of political offenses;life
liberty and property guaranteed to all
then withdraw the troops, Your Peep,
would then pay taxes only to Nichols
while his government would grow firmly
IN authority and Packard would starve Il
death tor lack of money to support hi
government; and that should 1t becom,
| necessary tor the president to recognize
any government ia that state he wOulC
find only one government in the stat
that of Nichols, and that without inquir,
into its original title he would accept til,
fact and recognize 1t.
| earnestly urge that the investigation
by the commission be not confined Z
the narrow inquiry how Nichols .csn b
sustained and Packard starved to death
tor lack Of money to support his govern
ment. II the inquiry be thus re
stricted,
GRAVE WRONG WILL BE DONE.
To those by whom | was called to til
executive chair aud whose votes, cas-
often at the peril oftheir lives, have Gle
waited your eXcellency to the presidency {
the American people. In their name an
In their behalf ask that the instruction
given the commission may be so amenC
ed and enlarged that right can be ascel
tanned, and that tho government her
found TO be the republican III form an
to have been chosen by q majority of tn
people according to legal methods
sanctioned by the constitution and law,
may be recognized and sustained. Yer
respectfully. your obedient servant,
8. B.. PACKARD,
Governor.