The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-04-12
PACKARvS LAMENT.
he DRAWS UP A MOURNFUL EPIS-
Tie TO HAYES.
BeSeGching him to Give Additional In
StruCtiOnS to the Commission.
New Orleans, April 5.

to recognize second, which is the legal
judiciary, and third, do domestic violence
and insnrrection prevail within the mean
ing of section 4, article 4, OF the Constitu-
ton of the United StatesP
Relative to the first point he says;
believe the nation will judge of my
claim according to whether it be fact
that was elected. am constrained to
think that your Excellency is in doubt
upon this point, as repeated requests for
recognition of my government have not
yet been responded to, and l confess that
having received several hundred more
votes than some of the Republican Presi-
dental electors, l did not anticipate that
my title would thus be put in question.
It further seems to me that in consider
ing the situation of affairs in that State,
it is of material importance to ascertain
whether the Supreme Court appointed by
my predecessor, Governor Kellogg, is the
legal court. If it be so determined by
the Commission the asCertainment ofthat
fact will probably prove an assistance in
the solution of the existing difficulty. If
the opposing Nichols court be found as
Ntated by President Grant, to be entitled
to no more recognition than any other
equal number OF lawyers convened on
the call ofany one other citizen OF State,
the nation will surely justify the Com
mission in so declaring. By investiga-
ton on these two points, your Excellency
will thus be able to ascertain the lawful
Executive and judicial chances of the
State government. The legislative branch
will adjust itself when you determine who
is Executive of the State. The fact as to
which Government was elected being
once established, the Commission would
probably find little difficulty in coming
to conclusion.
On the third point, as to whether or
not there existed such domestic violence
and insurrection against that Government
as contemplated by section 4, article 4, OF
the Constitution of the United States,and
sections 5,297, 5000 and $500 of the Unit
ted States revised statutes, the Honora-
BILE Secretary of State, differing from Chief
Justice Taney of the United States Su'
preme Court, in the we'll known case of
Luther vs.. Borden, holds, if l correctly
understand his letter of instructions, that
neither the Constitution or provision,nor
acts of Congress, were framed with de-
sign of giving the President the power to
decide between contesting claimants to
State government. In the case referred
to, Chief Justice Taney said, by this act,
the power of deciding whether the exi-
genCy had arisen upon which the govern
ment of the United States is bound to in
terfere, is given to the President, he to
act upon the application of the legislature
or of the executive, and consequently he
must determine what body Of men con-
stitute the Legislature and who is the
Governor before he can act. The fact
that both parties claim the right to the
government cannot alter the case, for
both cannot claim it.
If there is an armed conflict like the
one of which we are speaking, 1t IS case
of domestic violence, and one OF the par
ties must be in insurrection against the
lawful government, and the President
must of necessity decide which is the
government and which party is unlaw-
fully arraigned against it, before he can
perform theduty imposed upon it by the
act of Congress. May l not expect that
this decision, rich with precedents from
your predecessors, will be taken as safe
guide for your action,
The distinguished gentleman by whom
the instructions of the Commission were
prepared is understood to favor the line
of policy towards the State which has
been fores hadowed by Hon. Stanley Mat
thews. The nature Of that policy is dis
closed in a statement of Hon. r. John
Ellis, the most candid of Democratic
Representatives in Congress from this
State, published in the Nati9na! Repubh-
can, Of the 18th ult, from which quote;
II then told Mr.. Matthews that his views
and those he attributed to Governor
Hayes were most gratifying to us, but
there appeared to be good deal of prac-
tical difficulty in carrying out these views
I told him for instance, with regard to
Louisiana, that the people who had voted |
for Hayes had voted for Packard. The |
supporters of Tilden were the supporters |
of Nichols. That the Returning Board,
which had assumed to award the vote of
Louisiana to Hayes, had regarded also |
majority to Packard, and that did not |
see how Hayes could consistently sustain |
Nichols under the circumstances. He |
replied very quickly, II can see very |
easily how Nichols can be sustained. do |
not assume to speak absolutely for Cover
nor Hayes, but our policy would be to
obtain from Nichols assurances that the |
peace would be maintained, no one per-
secuted on account of political offences, |
life, liberty and property guaranteed to
all; then withdraw the troops. Your |
people would then pay taxes only to
Nichols while his government would |
grow formally in authority and Packard |
would starve to death for lack Of money |
tosupport hisgovernment and that should |
it become necessary for the President to |
recognize any government in that State, |
he would find only one government in |
that State that of Nichols, and that
without inquiring into the original title. |
lie would accept the fact and recognize |
IT," earnestly recommend that inves- |
tigation by the Commission be not con-
fined to the narrow inquiry how Nichols |
can b., sustained and Packard starved to |
death for lack of money to support his |
government. If the inquiry be thus re-
stricted, grave wrong will be done to |
those by whom was called to the execu-
tive chair, and whose votes, cast often at
the peril of their lives have elevated your |
Excellency to the Presidency Of the
American people. In their name and on
their behalf l ask that instructions given
to the Commission may be so amended
and enlarged that'the right can be ascer-
tanned and the Government thus found
to be Republican in form, and to have
been chosen by a majority Of the people
according to legal methods sanctioned by
the Constitution and laws, may be recog-
nized and sustained.
Very respectfully
Your obed't servant,