New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-23

A PRIMA FACIE CASE AGAINST HIM-THE SOUTH
CAROLINA AND LOUISIANA SITUATIONS VERY
DIFFERENT AFFAIRS.

A PRIMA FACIE CASE AGAINST HId-lHE SOU III
CAROLINA AND LOUISIANA SITUATIONS VERY
DIFFERENT AFFAIRS.
lBY TELEGRAPH TO THE TRIBUNE
WASHINGTON, March 22.-Judgc Mackey, who is
actively representing the interests of the Hampton
Government here received the following telegram
this evening: Judge +. J. Mackcy Washington,
d. C.. Removal of troops from the State House pits
us in the same condition as Louisiana. We
certainly can demand this. Wade Hamp-
ton" The meaning of this dispatch is
that Hampton claims that Chamberlain Is
protected by the guard OF United states
troops surrounding the State House from being
served with writ5 issued by the courts which do not
recognize him as Governor. In Louisiana, under
the order of President Grant of March g. the troops
in no way interfere with civil processes but merely
preserve the status quo.
The representatives of the Hampton government
Indicate very clearly the that will be pursued
at Columbia as soon as the troops are With
drawn Under an act of the Legislature, passed
soon after reconstruction, Wade Hampton VIII
make complaint before justice OF the supreme
Court CHARGING Chamberlain with being III Illegal
possession of the Office of Governor ana OF the DOCKS
and papers belonging thereto. Thcreupon the court
will grant an order directing Chamberlain TO show
cause why he should not be compelled to deliver the
Judgment Will be entered against him. IL he APP
ncars aud makes answer to the complaint the case
will have a hearing and according To the belief of
the HAMPTON party the Judge will decide that Cham
he,lain must turn over the Office TO his competitor.
After this he can if lie desires, under the laws OF the
state hiring an action in the Circuit Court against
the Marty eyicting him. and this can be carried on
onneol 10 the Supreme Court. where the whole
merits of the controversy can be entered into. ln
an action for eectment only the primaface case can
he considered According TO this programme there
will he 10 cause for experimenting any disturbance
nv violent measures following the withdrawal OF the
troops and the whole quarrel VIII resolve lsen ihto
judicial proceedings.
The South Carolina case differs IN many essential
particulars from that of Louisiana. In the latter
state nobody can deny that Packard has the prma-
face title 10 the Governorshp. OF the popular vote
Of the State he had a larger proportion than the
HAYES electors and his majority as reported by the
Returning Board was also greater thah that lor inc
electoral ticket There is some question whether
the Legislature that announced his election
was legally organized or not, ana ii III was,
whether the canvass of votes IL maze was
constitutional one. If the acts OF the Returning
BOARD and of the Republican Legislature were legal
and valid. then Packard has prma faciejrght to
the Mace he is attempting to hold. There seems
now In he in the State Of Louisiana no machinery
bv which the questions at issue can be settled.
There is duality in every department OF the Govern
ment-executive legislative, and judicial. No solu-
ton by the courts is possible because each admins
traton has it's own set of judicial tribunals,
whose decisions the other refuses to respect.
The same is true of the Legislature.
With all these questions in controversy the POSI-