The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-04-07
r,,,uov scheu,es that can oventuate II. no.
thing e e'f fa,a y suSpaY STOCKHOLDERS.
{ The Governorshap.

y rho unani,nity with which fhe Conserve.
.,,o naners OF the Valley endorse the pre-
sentation or Colonel Holidays name In con.
,nct;on with the nomination for the next
yovernorship OF Virginia Is very gratifying
10 his many friends In the lower Valley
Clarke Courier. ~ .f' I
- Al epotsylvanian man recommends Hob
John L. Marye, Jr., for Governor.
QUALIFICATIONS FOR GovERNoR.-."S South
west" In the Petersburg Post, thus sets
out the qualifications necessary for our neSl
Governor: H ndo ga - ;,
,""What we need is leader with the FOL
lowing qualifications 1st, thorough
knowledge OF our railroad system in, all OF
its details; I'd, an understan ding OF the
conflicting, interests which must always;
exist between the patrons OF railways ano
railway companies themselves; Sd, VIII
force and nerve enough to determine upon
aud carry ont broad, just, aud conserv1a'
tive railway policy" r. So
To which the Lynchburg Ne'os sensloly
nNo more of that, Hal, and thou lowest
mc - Virginia has had already too mucf
railroad learning. AS State, she las llttie
interest left In her works OF internal I'm.
nroyement. And we hope. her Governors
and Legislatures may be delivered IRON
participation in a repetition of her pass
railroad history. /.
Governor Packard 20 the President
AN APPEAL FOR A MODIFICATION IN THE IN
srRUCTIONS TO THE COMMIsSI0NERs-A ClTA
TON FROM LUTHER: vs.. BORDEN FOR TUE
BENEFIT OF MIR. EvaRTS. .-. #-
NEW ORLEANS, April Ex-Governor Pack
ard has addressed the following open letter
" - 30 STATE OF LOUISIANA,
-.aa; = EXECUTIVES DEPARTMENT,
.'y NEW ORLEANS, April s. 1877. }
TO His ErceNency President Hayes, Wash
inyton, d. G.:
S,r.-Permit me respectfully to call your
attention to the fact that the Instructions IS
sued to the commission delegated by you tc
visit this State and report upon the situation
Of affairs either exclude or do not direct
inquiry upon three essential points: First,
Which is the legal government entitled tc
recognition? Second, Which is the le'
eal Judiciary Third, Do domestic VIC
fence and insurrection prevail within
the meaning Of section 4, article 4, OF the
Constitution OF the United States? On the
first OF these points the instructions say
the service desired OF and entrusted to this
commission does not include any examina.
ton into or report upon the facts or the
recent State election, or Of the canvass Of
the votes cast ut that election. This IN
hibits the commission from all inquiry as tc
who is entitled to the offices OF Governor ane
Lieutenant G overnor by virtue OF the latf
election and canvass Of the votes by tht
General Assembly, and also as to who were
elected to the other disputed State ott1ces
1t is my desire that searching and satlsfac-
tory investigation should be made upor
this important point. I believe that TIT
nation will Judge of my claim according tx
whether it be a fact that I was elected
am constrained to think that your Excel
ency is in doubt upon this point, as repeated
REQUESTS for the recognition OF my govern
ment have not been responded to, and
confess that, having received several hun
dred more votes than some Of the Republl
can presidential electors, / did not anticipate
that nv title would thus be put in ques
rion. It further seems to me that in con
sidering the situation OF affairs in the Stat
it is OF material importance to ascertain
whether the Supreme Court, appointed II
obedience to the Constitution by my prede
cessor, Governor Kellogg, is the legal court
II it be so determined. by the commission
the ascertainment OF that fact will probabl,
prove OF assistance in the solution Of til
existing difficulties. II the opposing (Ni
cholls's court be found, as stated by Presi
| dent; Grant, to be entitled to no NOR
recognition than :. any "other equa
number OF lawyers convened on th
call OF any other citizen in the State
the nation will surely justify the commits
sion in so declaring by investigation OIL
these two points. Your EXceltency vii
! thus be able to ascertain the lawful execu
tive and, Judicial branches OF the Stat
government. y" The Legislative branch will
adjust itself when you determine who /
executive Of the State. The fact as to whicl
government was elected being once estab
ljished, the commission would probably fin
| little difficulty in coming to conclusion oil
| the third point, as to whether or not Their
exists such domestic violence and Insured
| ton against that government as is contem
| plated by section 4, article 4, OF the Consti
| tuition. of the United States, and section
| 5,297, 5000, and $500 OF United States Re
| yised Statutes. The honorable Secretary o
State, differing from Chief-Justice Tame
and the United States Supreme Court IN tn
| WeIl-known case OF Luther Us. Borden
holds. if [ correctly understand his letter o
instructions, that neither the constitutions
provision nor the acts OF Congress 'wer
| framed with the design OF giving the Presi
| dent power to decide between contest
ing claimants to State government. In tn
case referred to, Chief-Justice fancy, as tn
organ Of the court, said':f "By this. act th
power of deciding whether the exigenc.
had arisen upon which the Government O
the United States is bound to interfere
| given to the, President. He is to act upol
the application OF the Legislature or Of tn
Executive, and consequently he must de
tern1ine what body OF men constitute til
Legislature; or who is Governor, before b
can act" -. !!
Il The fact that both parties claim the RICH
to the government cannot alter the case, 10
both cannot be entitled to it. II there is al
armedsconflict like theone OF which we ar
speaking, it Isl a, case Of domestic, violence
and one OF heparties must be uninsured
| ton against the lawful government, and th
Presidents must Of necessity decide wbicl
is The government and which .partyis IN
lawfully .arrayed against it, before he Cal
perform the duty imposed upon him by th
act of Congress. TriIu:. Ill +%,'.r'i -
:, May not expect that this decision, ricl
with :precedents from your predecessors
will be taken as safe guide foryour action
The. distinguished gentleman by whom tn
instructions Of the commission were pre-
pared is understood favor line Of polio.
towards this State which has been fore
Swallowed by Hon. Stanley Matthews. Thu
nature of that policyis disclosed in state
mcnt Of Hon. 3. John Ellis, the most can
did OF the Democratic representatives ii
Congress from this State, published In tht
National Repabticdn of-the Goth ultimo