The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-04-06

received several hundred more vote
thno some OF the Republican Presidential
electors" ! did not anticipate tina
my title would thus be put in ques
tion. 1t further seems 10 me that
in considering the situation Of affair
in this State it is Of material impor
tance to ascertain Il the Supreme Cour
appointed in obedience to the Constitu
tion by my predecessor, Gov. Kellogg, i
the legal Court. II it be so determined
by the Commission, the ascertainment o
that fact will probably be an assistance ii
the solution Of the existing troubles.
the opposing Nichols Court be found, a
stated by President Grant, to be entitled
to no more recognition than any othe
equal number Of lawyers convened on thu
call Of any one other citizen Of the.State
the nation will surely justify the Com
mission in so declaring.
BY investigation on these two point
your Excellency will thus be able 10 as
certain the lawful executive and iudicia
changes Of the State government. Thl
legislative branch will adjust itself whel
you determine who is the Executive
The fact us to which government wa
elected being once established the com
mission would probably find little diff
Guilty in coming to conclusion on tn,
third point, as to whether or not therI
existed such domestic violence and in
surrection against that government as is
contemplated by section 4 OF the Consti
ton OF the United States and sectiou
5,207, 5,299 and $500 Of the United State
revised statutes.
The Hon. Secretary Of State, differing
from Chief Justice Taney and the Su
preme Court OF the United States, in tht
we'll known case Of Luther vs.. Borden
holds, if correctly understand his letteI
Of instructions, that neither the Constitu
ton or its provision, nor the acts ofCon
gress were framed with the design o
giving the President power to de
eide between contesting claimants 10 tht
State government.
In the case referred TO Chief justice
Taney US the organ OF the court said, b.
this act the power OF deciding whether
the exigency had arisen upon which tn,
Government ot the United States is bount
10 interfere is given to the President to nc
upon the application OF the legislator,
or 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 fac
that both parties claim the right 10 gov
ern cannot alter the case, for both como
claim it. II there is an armed conflict
like the one Of which we are speaking
it is case Of domestic violence, and one
Of the parties must be in lnsurrectior
against the lawful Government, and thu
President must decide which is the Gov
ernment and which party is unlawfully
arrayed against it, before he can per
form the duty imposed on him by AZ
act Of Congress. May not expect tina
this decision, rich with precedents from
your predecessors, will be taken as safe
guide for your action? The distinguished
gentleman by whom the instructions o
the commissioners were prepared is un
derstood 10 favor the line Of policy
toward this State which has been fore
shadowed by the Hon. Stanley Matthews
The nature OF that policy is disclosed il
statement OF the Hon. E. John Ellis
the most candid OF the Democratic Rep
resentatives in Congress from Louisiana
published in the National Republican o
the S0th ult., from which l quote:
"Itold Mr.. Matthews that his views ant
those he attributed to Gov. Hayes were
most gratifying to us; but there appeared
to be good deal Of practical difficulty
in carrying out these views. told him
for instance, with regard to Louisiana
that the people who voted for HAYES haC
voted for Packard. The supporters o
TiIden were supporters of Nichols; tha
the Returning Board which had assumed
to award the votes Of Louisiana to Have
had awarded also a majority to Pack
ard, and that did not see how Have
could consistently sustain Nichols
under the circumstances. He replied
very quietly, | can see very easily how
Nichols can be sustained. I do not as
sumo to speak absolutely for Hayes, bu
our policy would be TO obtain from
Nichols the assurance that the peace
would be maintained, life, liberty, anr
prosperity guaranteed TO all, then with
draw the troops. Your people woult
then pay their taxes only to Nichols
while his Government would grow form,
ally in authority, and Packard woult
starve to death for the lack OF none,
to support his Government, and
should it become necessary for the Presi
dent to recognize any government in tha
State he would find only one government
IN Louisiana, that Of Nichols, and with
out inquiring into the original title h,
would accept the fact and recognize it.
earnestly urge that the investigation by
the committee be not confined to the mar
row inquiry as to how Nichols can b,
sustained and Packard starved to dealt
for lack OF money to support his govern
ment. II the inquiry be thus restricted
grave wrong will be done to thos,
by whom l was called to the Ex
ecutive chair and whose vote
cast often at the peril Of their lives, hav,
elevated your Excellency to the Presi
dency OF the American people. In thel
name and on their behalf | ask that thr
instructions given to the Commission
may be so amended and enlarged that til,
right can be ascertained, and that tn,
government thus found 10 be republican
in form and TO have been chosen by
majority Of the people according 10 III,
legal methods sanctioned by the Consti
sustained.
Very respectfully, your obedient ser
want s. b. PACKARD,
G0rernor.