The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-04-26

New ORLEANS, April 81.
TOhc President othe United !S,aisa:
In accordance with your request, tn,
undersigned have visited this city ant
passed the last sixteen days in ascertain
ing the political situation in Lousianl
and endeavoring tobriDg about peace
ful solution Of its difficulties. In view
OF the declaration in the letter OF tht
Secretary Of State that we should direCI
our efforts to the end OF securing the rec
oguition OF a single Legislature as de
pository OF the representation and will o.
the people OF Louisiana, leaving ii neces
sary, 10 judicial or other constitutional
arbitration within the State the question
Of ultimate right; and in view Of YOU
determination TO withdraw the troops o
the United States TO their barracks as
soon It could be dOpe without endanger.
ing peace, We addressed ourselves 10 The
task OF securing u common Legislature
of undispuled authority competent Il
compose the existing political Conten
tions and preserve peace without aid from
national Government. To THIS end We
endeavored 10 assuage the bitterness and
animosity we found existing on both sides
so as TO secure public opinion less un.
favorable 10 such concessions as were in.
dlspensable TO our success in obtaining
such legislature and such general aC-
qniesCence in its authority as would in-
sure social order. We have had full
conferences with the two gentlemen who
claim TO be Governor and with many
other members OF their respective gov
ernments in their executive, judicial and
legislative departments. We have also
cOnversed very freely with large delega.
tiors OF men OF business, with many oi
the district judges and with hundreds oil
prominent citizens OF all parties and races
representing not only this city, but almost
every parish in the Stale. We have also
received many printed and written state.
ments Of fact and legal arguments, and
every person with whom We came in con.
tact has shown an earnest desire to give
ns all possible information bearing upon
the unfortunate political divisions in this
State.
THE ACTUAL CONDITION OF AFFAIRS
on our arrival in this city may be briefly
stated as follows: Gov. Packard 1--WE
shall speak OF both the gentlemen by The
title they claim was at the State House
with his Legislature and friends and m
armed police force. Az there was nc
quorum in the Senate, even under his own
theory Of law, his Legislature was neces,
sarily inactive. The Supreme Court
which recognized his authority has not
attempted to transact any business since il
was dispOsscssed Of its court room and
the custody OF its records, on the 9th 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
himself or Gov. Nichols.
MS MAIN RELIANCE
was upon his alleged legal title, claiming
that ii was the constitutional duty Of the
President TO recognize and to afford him
such military assistance AZ might be
necessary to enable him to assert his au.
thority as Governor. Gov. Nichols was
occupying the Odd Fellows Hall as 4
State House. His Legislature met there,
and was actively engaged in the business
Of legislation. All the departments Of the
city governments OF the city OF New Or.
leans, recognized his authority. The
Supreme Court was nominated BY him
and confirmed by his Senate; and was
holding daily sessions, and had heard
about two hundred cases. The time for
the collection OF taxes had not arrived,
but considerable sums OF money in the
form OF taxes had been voluntarily paid
into his Treasury, ont oi which he was
deiraylng the ordinary expenses OF the
State Government.
THE NICHOLS LEGISLATURE
has quorum in the Senate upon either
the Nichols or Packard theory of law
and quorum in the House on the Mich.
oils but not on the Packard theory. The
Packard Legislature had quorum in
tho House on its own theory OF law, but,
as already stated, not in the Senate, and
was thus disabled from any legislation
that would be valid even in the iudg.
ment OF its own party. The Commission
found it TO be very difficult to ascertain
the precise extent TO which the respective
governments were acknowledged in the
various parishes outside OF New Orleans,
but it is safe to say that the changes
which had occurred in the parishes after
the organization OF the two governments
on the 9th OF January, 1877, were in
favor OF the Nichols government. The
claim 10 legality OF the Supreme Court
composed Of Chief Justice Manning and
associates, who were nominated by GOV.
Nichols and confirmed by his Senate,
rests upon the same basis as the title OF
Gov, Nichols and his Senate.
TUE CLAIM To LEGALITY
oil the Supreme Court, composed Of Chief
Justice Ludeling and his associates, rest
either upon their right to hold over in
case Nichols Court is illegal, or upon
the legality OF the Kellogg and Packard
Senate which confirmed the Judges upon
the nomination of Gov. Kellogg, and
while il had Returning Board quorum.
THE LEGAL QUESTION.
We have briefly skethed the aclual no.
sition as we found it. We will now state
the legal question upon which the right
OF these respective governments depends.
The Constitution OF the State Of LOuisi.
anrrequires that
"Relurns from all elections for mem.
beTs of the General Assembly shall be
made to The Secretary Of State"
1t also provides that
"The qualified electors shall vote for
Governor and Lieutenant Governor at
the time and plare,,of voting for represen.
tatives. The returns OF every election
shall be sealed up and transmitted by
the proper returning officers to the Sec.
retary OF State, who shall deliver them
to the Speaker Of the House Of Repre-.
sentatives. On the second day Of the Gen.
eral Assembly then to be holden the
members OF the General Assembly shall
meet in the uouse OF Representatives
and examine and count the votes.n
twill be observed that this provision
Of The constitution requires the returns Of
the votes for Governor aud Lieutenant
Governor to be sealed up and transmitted
by the proper returning officers to the
Secretary Of State, and the same provi.
sion is made in substance a. to members
OF the General Assembly. Rut in 137O