Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1877-04-18
Packard's Protest.

bBNh ASNtti W VIC 4 tSAUtnl.
STATE OF LOUISIANA EXECUTIVE DEPARTMENT,
NEW ORLEANS, April ), 1877. (
To His EXcellency, President Hayes Washing
ton, ID. c.:
SIR-Permit me respectfully to call your at
tentlon to the fact that the instructions issued
II the Commission delegated BY YOU TO visit this
State and report upon the situation of affairs
either exclude or do not direct inquiry upon
three essential points,
/. Which is ,he LEGAL Government entitled I,
recognition?
2. Which is the legal Judiciary?
8. Does domestic violence and instruction
prevail within the meaning OF See. g. Art a. of
the Constitution of the United States?
On the first o. the points the instructions say
the service desired of, and entrusted To. this
Commission does not include any examination
into, or report upon, the facts of the recent
State election the canvass of the votes cast ut
that election. This n,luhIts the Commission
from all inquiry as to who are entitled to the
office of Governor and Lieutenant Governor by
virtue of the late election, and the canvass of
votes by the General Assembly, and also ns TO
who were elected 20 the other disputed State
offices. 1t Is my desire that searching and salts
factory Investigation should be made upon this
important point. | believe the Nation will
Judge of my claim according 10 whether it be n
TACT that was elected. 1 am constrained t.
think that Your Excollency is in doubt rpon
this point, MS repeated requests for recognition
OF my Government have not yet been responded
TO- and confess that, having received several
hundred more votes than some of the Republi-
can Presidential Electors | did not anticipate
that my title would thus be put in question
1t further seems to me that in considering tho
situation of affairs In this State. 1t il of mate
rial Importance to ascertain whether the SUI
preme Court appointed IN obedience TO the Con-
sutuuon by my predecessor Gov. Kellogg, is
the legal Court Ii il be 40 determined by the
Commission, the ascerIainment of that fact will
probably prove of assistance in the solution of
existing difficulties. II the opposing Nichols
Court be found 10 be entitled 10 no more recog-
milton than any other equal number OF Lawyers
convened on the call of any one otuer citizen ui
the state the Nation will surely justify the
Commission IN declaring. by investigation
on these two points lour ENcelloncy will be thus
able To ascertain the lawful Executive ana Ju-
dioial branches OF the state Government. 4 he
Legislative branch will adjust itself when YOU
determine who IL the Executive of the state
he fact as to which Government was elected
being once established, the Commission would
probably lind Lttle difficulty in coming to a con-
clusion.
On the third point, ms to whether or no. there
exists such domestic violence and insurrec.iou
against that Government as is contemplated by
Sec. 4, Art 4, of the Constitution Of the United
States, and Secs. 3, 1877 5,299 and $500 of the
United States Revised Statutes the honorable
Secretary of State differing from Chief Justice
fancy and the United States Supreme Court in
the w Unknown case of Luther u.s. Borden holds
if | correctly understand his letter of instruc-
tons that neither the Constitutional provision
nor the acts of Congress were framed with the
design of giving the President power Ia decide
between contestine claimants to State Govern
ments in the case referred to- Chief
Justice Taney as the organ OF the Court,
a !
whether the exigency had arisen upon which
the Government of the United States is bofind
to interfere is given to the President he to
act upon the application of the Legislature or
the Executive and consequently he must deter
mine what body of men constitute the Legsla-
turc and who is the Governor before he can act
The fact that both parties claim the right TO tho
Government cannot alter the case for both can
not be entitled TO it, If there is an armed con-
fict like the one of which We are speaking il is
a case of domestic violence, and one of the par
ties must be in instruction against the lawful
Government, and the President must Of neces-
sity decide which liz the Government and which
party is unlawiully against il before he can
perform the duty imposed upon him by
that this decision, rich with presidents
from your predecessors, will be taken as
a safe guide for your action? This distn-
guished gentleman by whom the Instructions Of
the Commission were prepared il understood to
favor n line of policy toward this State which
has been foreshadowed by the Hon. Stanley
Matthews. The nature Of that policy is dis
closed in n statement of T.. John Ellis the moss
candid of the Democratic Representatives in
Congress from this State published in the Ma
tio,.H Rtpubiirdn of TIE Goth ult from which l
quote: II then told Mr. Matthews that his views
and thoss he attributed to Gov. Hayes we're most
gratifying to US, but there appeared 10 nue. good
deal OF practical difficulty in carrying our these
views. told him, for instance, with regard to
Louisiana, TINT the people who had voted for
HAYES had voted for Packard. the supporter of
Tilden were the supporters of Nicholis; that the
Returning Board which bad assumed 10 award
the vote Of Louisiana to Hayes had awarded also
a majority 70 Packard, and that did not see how
MIR. HAYES cou.d consistently sustain Nich Ills
nnder the circumstances. He replied very
quickly: i can see very easily how Nichols