The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-24
w ASHIN
FROM OUR REGULAR CORRESPONDENT.

WASHINGTON, Jan. q, 1871
THE LOUISIANA QUESTION BEFORE THE CAB
INET-ARGUMHNr FOR THE LEGALITY OF
THE NICHOLAS SUPREME coURr-IErLUENCE
OF THE COMMITTEES.
Tho Louisiana question was tho subject OF q good
portion OF tho discussion at the session of the
Cabinet to-day. II VIII he remembered that
at recent session Major Pitkin presented a
petition behalf OF the Packard government
asking tho recognition and re-estabIishment OF
the Packard Supreme Court and the ousing by Pres-
dental interference OF tho Nichols judges. Tho
Cabinet to-day listened to the argument OF the Mich
oils government IN support OF the validity OF the
judges now possession of tho Court House, in which
they put by the little coup dstdt of the
tivcs Tho outline OF tho argument Is az iollows:-
Under article rs OF tho constitution tho ap-
pontment OF Pnckard's judges was invalid because
their nomination required the ratification OF the Senate
but tho body which SAT IN tho State House was not
recognized as tie legal Senate. Either, therefore, tho
judges are ,s.,, usurpcrs or tho democratic Son,
article 12z OF tho constitution to justify tho claim
that the judges had tho right to retain possession OF
the Court House they could do SO only upon the
OF u majority OF the Bench. Now this majority was
deficient for the reason that Judge King a
appointment and ala not hold over, HIS pretended
appointment Of December 20 being nudity because
there was then nc vacancy. The real majority, COM
posed OF judges wyy, Howell and Morgan. have made
complaint about or sought TO interfere with the
of the court room by tho appontces OF Gov
ernor Nichols.
The paper referred to Attorney General TAFT 10
whom the Pitkin Memorial had boon already assigned
and tho whole question will be lott to HIM for an
opinion
Meantime tho Senate Louisiana Committee hos re-
turned and will doubtless report promptly in favor OF
tho Packard government Its republican members
and those Of the house Louisiana Committee will
probably exert all their personal influence with the
President TO have him iorco the Nichols government
to surrender and subsido.
THE CORRESPONDENTS OF PATENTs-oBJHC-
rIoNs TO THE PRESIDENTS NOMINATION OF
MR. SPEAR.
In tho executive session OF the Senate this afternoon
tho Committee on Patents reported In avor of con-
nrming the nomination OF Ellis Spear TO DO Commas
stoner Of Patents Notwithstanding which tho Senate
referred the nomination back 20 the committee, with
obstruction to take testimony the subject Of
certain objections made to tho nominee. II seems
that while General McDougall was celebrating over
this same appointment when II was offered him by tho
President week two and while his long delay
gave promise OF his defamation, the President at the
suggestion OF Secretary Chandler, nominated Mr.
Spear who won't out OF the Office last year on charges
OF having received presents from his subordinacs
contrary to tho law governing Office holders The
revival OF these charges caused tho Senate to halt in
confirming the appointment, and unless Mr. Spear
can speedily overcome tho opposition provoked by
those who have revived thcm his will probably
be withdrawn. 1t is expected that tho President will
then SEND In tho namc OF Congressman Davy, OF Ro-
chester, whose appointment would DO tho means Of
rcconciling the several parties to the
Ing accustomed by this nomination.