Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1877-05-04

men. IL gricvcs me beyond expression that
the heroic efforts you have made, and the
cruel sufTerings you have undergone, have
had this bitter ending.
WASHINGTON, April 70.
The report of the Louisiana commits
sioDers was given to the press tonight. 1t
is dated at New Orleans, April 81, and
addressed to the President. They say:
In accordance with your request the un-
dersigned have visited this city and passed
the last sixteen days in ascertaining the po-
litical situation in Louisiana and endeavor-
ing to bring about peaceful solution of It's
difficulties. In view of the declaration In
the letter of the Secretary of State that VIC
should direct our efforts TO the end OF Sc
curing the recognition of single Legislature
as the depository OF the representative will
OF the people of Louisiana, leaving, II nee
cssary, to judicial or other con stitutional ar
bitrament within the State the question of
ultimate right, and In view of your de-
termination to withdraw the troops of the
United States to their barracks as soon as IL
could be done without endangering the
peace, we addressed ourselves 10 the task of
securing a common Legislature of undis-
puted authority, competent to compose the
existing political contentious, and to pre-
serve peace without any aid from the Ma
tional Government. To this end we en-
mostly we found existing on both sides, so
as to secure public opinion less unfavora-
bic to such concessions as were indispensa-
bic TO our success. In obtaining such Legis-
lature and such general acquiescence in its
authority as would insure social order,
we have had fall conference with the
two gentlemen who claim the guberna-
torial office, and with many other MEM
bcrs of their respective Governments in
their executive, judicial, and legislative de-
| partments. We have also conversed very
| freely with large delegations of men of busi-
ness, with many of the District Judges, and
| with hundreds OF prominent citizens OF all
parties and races, representing not only this
| city but almost every parish in this State.
| We have also received many printed and
written statements of fact and legal argu
ments, and every person with whom we
| came in contact has shown a desire to give
us all possible information bearing upon the
unfortunate political divisions in this State.
The commissioners then give brief
statement of the condition of affairs on
their arrival at New Orleans and say
they found it difficult to ascertain the
precise extent to which the respective
Governments were acknowledged outside
of New Orleans. OF the Supreme Courts
the commissioners say:
The claim to the legality of the Supreme
| NOuIb OiupOotu VI SllGl-J ubllCC manning
and associates, who were nominated by Gov
Nicholls and confirmed by his Senate, rests
| upon the same basis as the title of Gov.
| Nichols and his Senate. The claim to the
| legality of the Supreme Court composed oi
| Chief-Justice Ludeling and his associates
rests either upon their right to hold over in
case the Nichols court is illegal, or upon the
legality of Kellogg and the Packard Senate
which confirmed the Judges, upon the nomi
nation of Gov. Kellogg, and while it had q
Returning Board quorum.
Considerable space is given to state
meut of the legal question upon which
the right of the respective Governments
depended. Counsel for Nichols claimed
that the act establishing the Returning
Board when applied to the election Of
State officers and members of the AS
sembly is in violation of the provision!
of the Constitution, which provide tha
the returns of all elections shall be made
to the Secretary of State. Counsel fol-
Packard insisted that the Legislature haC
the power to create this Returning Board
and give it the authority with which tn,
act clothes it; also that the Supreme
Court of the State had settled the con
stitutiondlitv of the act. Counsel fo
Nichols further claimed that the Legis
lature could not create Returning Boart
or clothe it with these powers. TIL,
commissioners quote the following sen
tence from the arguments of Nichols
counsel:
AS to the Presidential electors, the mode o
their appointment is by the Constitution o
the United States left to the Legislature O
the State, therefore the General Assembl
might create any tribunal whatever and con
fide to it the appointment of the electors 70
President and Vlce-Presidcnt; consequent
it may properly authorize such tribunal il
the case of the election of Presidential elect
ors by the people, to count the votes and dc
eide aud declare who were entitled to seats i
the Electoral College. -
As matters stood on their arrival a
New Orleans, the commissioners say, tn
legal title of the claimants to the oflic
of Governor depended on The question
they have stated.
There was no judicial tribunal acknowl
, edged to be authoritative by both parties b
| which it could be solved. The only hope @
practical solution was by the union of s
many members of the rival Legislatures a
, would make a Legislature with constitr
/ tional quorum, in both the Senate an
/ House, of memb bers whose title TO their seat
3 Is valid under either view of the law. Wit
' Legislature of undisputed authority tn
VI buC OIuCT QutbuOn5 y
stated in the letter of instructions to ou
9 commission, be gradually worked out by th
r prevalent authority which the legislatiy
power, when undisputed, is quite con
: petent to exert in composing conflicts in CT
: ordinate branches of the Government. Witt
in the last three days this first great step
restoring peace to the State has been accon
plished. In consequence of the withdraw
Of members from the Packard to the Ncl
oils Legislature, the latter body has no
eighty-seven Returning Board members
: the House and thirty-two Returning Boar
e members in the Senate. Sixty-one membe
: constitute a constitutional quorum in u
I House, and nineteen in the Senate.
= 1t is proper that we should say that 1t WI
, in view Of the foregoing facts, especially u
u consolidating of the Legislatures and ol
/ knowledge of the condition of Louisiana d
q rived from personal contact with the peopl
that we were induced to suggest, in our tel
:, gram of the Goth, that the immediate a
s nouncement of the time when the trool
0 would be withdrawn to their barracks wou
! be better for the peace of Louisiana than
postpone such announcement 10 some di
Q tant day. The commissioners. holdiT
d various shades of political belief, ca
c not well concur in any sketch Of h
: past or probable future of Louisiana. v
/ have foreborne in this report to expire
any opinion on the legal questions arisiI
c upon the foregoing statement of facts, b
"a cause our leJler Oh INSTRUCTIONS seeuleu
y call for q statement of facts rather than
IT expression of opinion by the commissioner
n We all, however, indulge in confident hop
L of better days for all races in Louisian
y Among the reasons for these hopes are /
l. resolutions of the Nichols Legislature al
the letter of Gov. Nichols, herewith su
I, mitted, and which have already been Civ
!: TO the public.
l. New ORLEANS, April 26
The Legislature adjourned sine die
day. All the State officers elected wi
,. Nichols are now in undisputed posse
e sion of their offices and records, t
e city is very quiet.
/. AERIAL telegraphy without wires
e poles is spoken of as among the pos
d bilities of the future. Prof. Loomis,
G. Washington, who has studied electrici