New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-04-10
THE LOUISIANA PROBLEM.
ONLY ONE NAY our or THE TROUBLEs.

ESSENTIAL DIFFERENCE-WHAI TIE Cohi.llS-
SION WILL DO.
IFRoM A STAFF CORRESPONDENT OF THE TRIBUNE.l
NEw-ORLEANs. April 6.-The first fact that faces
the commission at the outset of their labOrs here is
that there is practically only one government III Lou
isiana. The talk of dual government proceeds upon
theory, not upon fact Nichols has absorbed, with
out resistance all the functions Of executive power;
his legislature is passing laws that are everywhere
recognized and obeyed, and his courts are admins
tering justice without opposition. Packard organ
izaton claims the right 10 govern without any
power of its own to enforce its claim and looks to
the President TO give 1T vitality. Packard is no
more Governor of Louisiana in any but theo-
retical sense than the Count of Chambord would
be King of France if he occupied be-
leaguered chateau on French soil and issued
proclamations which nobody but his own retainers
paid the least attention to. How completely all
power had departed from the Packard adminiStra-
ton had no idea before coming here, ana should
not wholly trust the statements made IN tbs respect
if they came alone from the Nichols side; Dut
when both sides agree that Packard's authority is
strictly limited TO the space within tie four walls Oh
the State House building, there is no room for
doubt. The question before the commission is not
therefore whether Packard can he maintained, but
whether he can be first set up and then held mp lie
cannot be said to be a COmhatant with whom the
Federal Government may take sides If convinced OF
the justice of his cause he Is bOTS dc c0m6dt-uteIE
vaBquished and pTOstTate-and II the PRESIDENT
should take his part he must step III front OF mn
and make fight for him, and then, when 1t Is won
be must pick him up, brush the dust Oil him. put the
reins OF the State Government in his hands, aud
stand by him for four years.
Between PackarIs situason and that of Cham
bpIain in South Carolina there is only one differ
ence chamberlain could not, or at least did not,
raise any force OF his own TO support him; Packard
has mustered an armed bodS under the name OF
militia and metropolitan police numbering Accord
ing to his account, about 800 men. Thus Packard
holds the State House with State forces, Win the
Federal army looking around the corner, reaay 10
urotect him # attacked while Chamberlain's state
House was held for him by the regular soldiers But
as nobody expects Packarl's motley body guard to
stand a siege or make a fight if the United states
troops are withdrawn, this circumstance of differ
euce is not OF much Importance. The legal sltua-
ton in the two States is, however, quite diverse.
All the lower courts that made decisions were
against Chamberlain in South Carolina and the SUI
preme Court was evenly divided. Here ali tue lower
courts acquiesce inNchOlss rule; but there are two
Supreme Courts both of doubtful validity, the
weight of LEGALITY seeming TO be with the one
attached 70 Packard's government 1t is the dual
court rather than the dual legislature and the dual
executive which makes the hard knot in the
center of the Louisiana smart for if there were one
tribunal of last resort recognized by both parties 1t
would be easy to siraghten out the whole comphca-
ton. A single court might, however, be the early
ougrowth 81 q single Legislature if the Nichols party
would assent to anything looking like compromise;
bnt the question of the GOycrmOrsmp would FIST
have to De settled, because if Nichols throws hs
title INTO the scales of an arbitration of n new
count by united Legislature, he admits that he had
no authority to appoint the judges now
dc fycto
Packard Court was appointed by Kellogg and
confirmed by the Packard Senate when 1t had IN
undoubtcd quorum of members declared elected 10y
the Returning Board, and its status is obviously
stronger than that of the Nichols court WHICH was
confirmed by a Senate with a nominal quorum OF
members who had declared themselves elected
Nevertheless the DEGREES of the Packard court have
no more force III Louisiana to-day than they have in
Mexico. The court is wholly without power and
without respect. so the question of de taciO author
ity forces Itself to the front relation to the judi
cary as well as 10 the Executive, and bars the way
to a calm consideration of strictly legal rights.
An important fact which the Commission no doubt
learn for the first time on arriving here is that the
Republican party Of Louisiana is not unanimous in
desiring the establishment Of Iackdrd's govern
ment. Ii is not wholly a question of Republican
against Democrat, non it question OF the cOored
people against the whites. Many Republican leaders
have deserted Packard and are advocating posi-
tive recognition of the Nichols government as the
best thing for the interests of the State and the
best in the end for the Republican party.
Among them may be mentioned eX-COngrcss-
man sheldon eX-United States Senator West.
Judge Billings. Mr. Pinchback, eS-COngrcss-
man Sypher, J. II. Oglesby President of the
Louisiana National Bank, and Geo. Bussey, Presi-
dent of the Chamber of Commerce These are al!
men of influence, and with thcm are many Others Of
less prominence. / have talked with several of
them, and find them agreed i'll looking at the ques-
ton in practical light, and in coming to the con-
cuson that Packard cannot sustain himself with
out the presence of large standing army-a con
dition of affairs which they think ruinOus to the
welfare of the State and disastrous to the Rcpubl.
can party TO prolong. Senator West remarked yes
ter,lay that the old Republican organization
Its leaders completely dethroned, and that
then new, healthful, and vigorous o.
ganization would spring up in its place. EX-
Gov WarmOth does not believe in the success of
any attempts to patch up a compromise and advo-
Gates a full acceptance by Republicans of Nicholas
government as it is, as a much better prelude to
future party acton than any bargain or negotiation
would be- EX-GQv Pinchback has for some time
co6perated with Nichols He claims to be rs much
of Republican "a ever and says that the good of
the coloed race viii be better subserved by yielding
TO the new order of things than by prololging the
struggle. / believe that there is a large body Of
colored voters in the State who supported Packard
in November who are now Indifferent to his
success or openly opposed TO him. The attitude of
Mr. Pnnchback who is still power with
his race, the presence of number oi
blacks i'm the Nichols legislature, and the state