New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-17

that the Constitution by Its language corners on OohSos
the power to interfere in the choice OF electors by the
States in only Ave First. to determine wheiner
the votes received sent by State second that tho
number OF electors appointed not greater than the
number of Senators and Representatives TO winch 'he
State is entitled In Congress- third that no 5ehator OF
person holding office OF prohs
under the United States has been appointed an eecto
fourth the have met and voted by ballot IN
accordance with the requirements OF the Constitutoh'
and fifth, whether they have made hist Of persons
voted for etc. and transmitted to the President OF the
Senate directed by the Constitution His entlre arg"-
ent only in support Of these points but AGAINST Tue
power Of Congress branch Of 1t to 20 behnd the
vote OF State certified and to inquire into the par
cuars of its election, in all respects very ape
one aud was answered by any Democrat VINO spoke
to-day
DISCUSSION BY THE CABINET.
Try rKIEGRArB TO THB TRIBUsE.i
WASHINGTON, Jan. 16.-At the Cabinet
meeting today several dispatches from NewOreans re-
latng % the pending poll zeal controversy there were
read. Among them from Mr. Nichols TO tne
President assuring him that the members OF the Legs
iature acting harmony with him. did not intend 70
interfere with the electoral vote. dispatch from Cen
Aucur read, referring TO request maue ny
Gov Packard for assistance reinstate the Supreme
Court, represented by ChiefJustlce buuehne'
in the building which il was driven by persons m
the interest Of Nichols There also presented :.
Government now in Washington, containing al extract
teegraphed north from The Ner- Orleans Democrat ue
Nichols organ, and long review Oh thc s'uh''on III
Eew-Oreans preparedb by Marshal Pkin The dispatches
and papers discussed at some length but no acoh
was takcnn regard to them the future Louisiana
policy OF the Administration. The septment Of the CAP
inet officers seemed be that the Packard government
in Louisiana had done nothing to authorize the FEDERAL
Government TO render decision. The theory 81 ihe
Constitution is that state Government must snow tseh
unable the antaeonstic power before the Cen
oral Government steps ill., and the Administration ths
that rShts not worth defending they are not
worth enjoying
United States Marshal Pkin OF Louisiana, upon Deng
called upon mace OF facts a. To LOIsana
matters which puts the Of the State supreme court
in a totally new light. He says That That tribunal CON
sists OF five adges-LudcIinS, Chief Justice ana HOWELL
Morgan, Leonard and King associates Ludeng' HOW
well and Morgan hold under the Constitution untii
their SUCCESSORS indicted into Otce they can De s
pelscded only by appointment made by the Governor
with the advice and consent OF the Senate. Justices
Ludeng Leonard and King hold by the appointment OF
Gov Kellogg with the advice and consent or the Scha
returned by the board of returning officers. Leonard
was appointed in the OF the Legislature oy Gov
Kellogg TO iii vacancy created by the dean OF Junse
Talisferro. so that under the State Constitution De
holds until the end OF the next session Of the
Senate; thus four OF the judges hold by titles
entirely disconnected from and independent OF
the late election and three OF them under appointments
and combinations made eight years ago. moreover
three OF them hold under appointments win the con
hrnation the Senate in sessoD and returned as
elected by The state officers legally designated TO de-
eide that question. Admitting that The Packard senate
not yet recognized, the appointment Is valid ana
tho three dgcs can act until the end Of the session OF
Wlicho vcr senate shall he recognized: the CDcfJuSce
and Associate Justice Leonard hold double TILES; thty
have two commissions both Of which may be maintained
ndopeudcny Of the recognition OF the Packard lcss
atuTe alihCtn that has AL the legal requirements 10
give il validity by the laws OF Louisiana.
Yct NiriUss armed force Cylcei these ave iaWiu III!
cumhents aud Installed 1--we whose titles are only Oh
appoiutnent by y man returned ~ Governor ana
confirmation by an unrccognZcd Senate which had not
even q GuorlIi: Of theHc Mr. MARI, was the
leader ~ tie September riot IN 1874 WHO bLdc he people
ara md melted them 90 massacre; another, DeBane IL
the head armed banG Ill 81 Martins fdIish, anu Is
under an Indictment la q Federal court