The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1877-05-03
SEPOET OF THE LOUISIANA C0MNIS.
SION.

lowing is the report Of the LOuisians
Commissioners, given out by the
President this evening:
NEW ORLEANS, April u, 1877.
To the President Of the Ulaited States !:
SIR In accordance with your re-
quest the undersigned have visited
this city and passed the last sixteen
days in sscertaining the political stu
alton in Louisiana, and endeavoring
to bring about peaceful solution OF its
difficulties. In view of the deeIsre-
ton in tue letter OF the Secretary Of
state that we should direct our efforts
to the end Of securing the recognition
of q single Legislature as the deposit
tory Of the representative will of the
people Of Louisiana, leaving, il nee-
essary, to judicial or other eonstitu-
tional srbiIrament within the State,
the question Of ultimate right, and in
view Of your determination to with
draw the troops Of the United States
to their barracks as soon as it could
be done without endangering the
peace, we addressed ourselves to the
task Of securing q common Legisls-
ture of undisputed authority, compe-
tent to compose the existing political
contentious, and to preserve peace
without any aid from the national
government.
To the end we endeavored to as
suage the bitterness and anlmOsity we
found existing on both sides, so as to
secure public opinion less unfavOrable
TO such concessions as were indispen-
sable to our success IN obtaining such
Legislature and such general &C
quieseenee in its authority as would
insure social order.
We have had q full conference with
the two gentlemen who claim the
GubernStOrial Office, and with many
other members of their respective
governments in their executive, judi
cial and legislative departments.
we have also cOnversed very freely
with large delegations Of men of busi-
ness, with many OF the district judg-
es, and with hundreds of prominent
citizens of all parties and races, repre-
senting not only this city, but almost
every parish in the State. We have
also received many printed and writ
ten statements of fact and legal argu-
ments, and every person with whom
we came In contact has shown an
earnest desire to give US all possible
information bearing upon the unfOr-
tunate political divisions in this
State.
The actual condition Of affairs on
our arrival in this city may be briefly
stated as follows: Governor Packard
I'VE shall speak of both gentlemen by
the title they claim was at the State
House with his Legislature and
friends and an armed police force.
As there was no quorum in the Sem
ate, even upon his own theory OF law
his Legislature was necessarily Inaet-
i've. The Supreme Court which rec
OgniZed his authority had not at
tempted to transact any business
since it was dispOsSeSsed OF its court
room and the custody OF its records
on the 18th day of January, 1877. He
had no organized militia, alleging
that his deficiency in that respect was
owing to his obedience to the orders
Of President Grant to take no steps to
change the relative position OF him.
self and Governor Nichols. His
main reliance was upon his alleged
legal title, claiming that it was the
constitutional duty Of the President
to recognize and to afford him such
military assistance as might be nee
esssry to enable him to assert his au-
thOrity as Governor. Governor
Nichols was occupying Odd Fellows
Hall as State House. His Legisla-
ture met there and was actively en-
gagged in the business OF legislation.
All departments of the city govern
ment OF the city Of New Orleans rec.
ognized his authority. The Supreme
Court nominated by him and con-
firmed by his Senate was holding dai-
Iy sessions, and had heard about two
hundred cases. The time for the col
lection of taxes had not arrived, but q
considerable sum OF money IN the
form of taxes had been voluntarily
paid into his treasury, out Of which
he was defraying the ordinary expen-
ses of the State government The
Nichols Legislature had q quorum in
the Senate, upon either the Nichols
or Packard theory of law, and q quo
rum in the House on the Nichols
but not on the Packard theory. The
Packard Legislature had quorum in
the House on It's own theory of law,
but, as already stated, not in the Sem
ate, and was thus disabled from any
legislation that would be valid, even
in the judgment Of its own party.
The Commission found it to be
very difficult to ascertain the precise
extent to which the respective gov
ernments were acknowledged in the
various parishes outside of New Or
leans, but t is safe to say that the
changes which had taken place in the
parishes after the organization Of the
two governments on the 9th of Janu-
ary, 1877, were in favor Of the Nichols
government.
The claim to the legality Of the Su-
preme Court, composed of Chief JUS
tlce Manning and Associates who
were nominated by Governor
Nichols and confirmed by his Sen
ate, rests upon the same basis as the
title of Governor Nichols and his
Senate. The claim to the legality OF
the Supreme Court composed Of Chief
Justice Ludeling and his Associates
rests either upon their rights to hold
over in case the Nichols court is IL
legal or upon the legality Of Kellogg,
the Packard Senate which confirmed
the Judges upon the nomination of
Gov. Kellogg, and while it had Re-
turning Board quorum. We have
briefly sketched the actual position as
we found it.
We will now state the legal ques-
ton upon which the right of these re-
speetive governments depends. The
Constitution of the State of Louisiana
requires that the 'returns of all elec-
tiOns for members OF the General As
sembly shall be made by the Seere.
tary Of State" it also provides thSt
"the qualified electors shall vote for
Governor and Lieutenant Governor |
at the time and place of voting for
Representatives. The returns Of
every election shall be sealed up and |
by the proper returning |
officers to the Secretary of State, who |
shall deliver them to the Speaker of |
the House of Representatives on the |
second day Of the General Assembly, |
to be holden. The members Of |
the General Assembly shall meet in
the House Of Representatives and ex-
anime and count the votes" 1t will /
be observed that this provision Of the
requires the returns Of
the votes for Governor and Lieuten-
nt-GoVernor to be sealed up and
by the proper returning
officers to the Secretary OF State, and
the same provision is made in sub
stance as to the members OF the Gen.
sraI Assembly, but in 1870 the Lsgis-
Iature passed an act, amended in 1872,
which created body called the Re-
turniDg Board, consisting of five
to be appointed oy Lue 5zu-
ate and Ito be the returning officers
Tor all elections in the State" The
act provides that: "The COmmis-
sioners of the Election at each poll or
voting place shall count the votes,
make list Of the names OF all per-
sons voted for and the offices for
which the votes were given, the num-
Der of votes received by each, the
number Of ballots contained in the
box, and the number rejected and the
reasons therefor, and to make dupli-
Gates Of such lists and send one to the
Of Registration Of the
parish Of Orleans aud one to the
Secretary Of State" The law fur
.her requires the Supervisor of Regis.