The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-05-03
Washington, April 25.

The following is the report of the Lou
isiana Commissioners, given out by the
President this evening:
New Orleans, April Fl, 1877.
To the PyeStdentofHe United States,
In accordance with your request the
undersigned have visited this city and
passed the last sixteen days in ascertain
ing the political situation in Louisiana
and endeavoring to bring about a peace
full solution fits difficulties, In view of
the declaration in the letter of the Secre-
tary of State, that we should direct our
efforts ito the end of securing the recog-
milton of single Legislature as the de
pository of the representative will Of the
people of Louisiana, leaving it, if neces-
sary, to judicial or other constitutional
arbitrament within the State the question
of ultimate right" and in view of your
determination to withdraw the troops Of
the United States to their barracks as
soon as it could be done without endang-
ering peace, we addressed ourselves to
the task of securing a common Legisla-
ture of undisputed authority, competent
to compose the existing political conten-
tions and to preserve peace without any
aid from the National Government.
To this end we endeavored to assuage
the bitterness and animosity we found
existing ON both sides, so as to secure
public opinion less unfavorable to such
concessions as we're indispensable to our
success in obtaining such a Legislature
and such general aCquiescence in its
authority as would insure social order.
We have had full conferences with the
two gentlemen who claim the guberna-
torial office, and with many other men,
bers of their respective governments in
their Executive, Judicial and Legislative
departments, We have also conversed
very freely with large delegations ofmen
of business, with many of the District
Judges, and with hundreds of prominent
citizens of all parties and races, repre-
senting not only this city, but almost ev-
cry parish in the State. We have also
received many printed and written state
ments of fact and legal arguments, and
every person with whom we came in
contact has shown earnest desire to give
us all possible information bearing upon
the unfortunate political divisions in this
State. The actual condition Of affairs
in this city may be briefly stated as fol-
lows.
Status Of the Packard Government,
Governor Packard 1--WE shall speak of
both gentlemen by the title they claim
was at the State House with his Legisla.
,ture and friends and an armed police
force. AS there was no quorum in the
Senate, even upon his own theory of law,
his Legislature was necessarily inactive,
The Supreme Court which recognized his
authority had not attempted to transact
any business since it was dispossessed Of
its court room and custody of its records
on the 9th day of January, 1877. He
had no organized militia, alleging that
his deficiency in that respect was owing
to his obedience to the orders of Presi-
dent Grant to take no steps to change
the relative position of himself and Gov
ernor Nichols. His main reliance was
upon his alleged legal title, claiming that
it was the constitutional duty of the Presi-
dent to recognize and to afford him such
military assistance as might be necessary
to enable him to assert his authority as
Governor.
Status of the Nichols Government.
Governor Nichols was occupying Odd
Fellows Hall as State House. His
Legislature met there and was actively
engaged in the business of legislation.
All departments of the city government
of New Orleans recognized his authority.
The Supreme Court nominated by him
and confirmed by his Senate, was hold
ing daily sessions and had heard about
two hundred cases. The time for the
collection of taxes had not arrived, but
sums of money in the form
of taxes had been voluntarily paid into
his treasury, out of which he was defray.
ing the ordinary expenses of the State
The Nichols Legislature
had quorum in the Senate, upon either
the Nichols or Packard theory of law,
and quorum in the House on the Mich. |
olls but not on the Packard theory. The |
Packard Legislature had quorum in
he House on its own theory of law, but |
IS already stated not in the Senate, and |
was thus disabled from any Legislation
hat would be valid even in the judgment
If its own party.
The Commission found it to be very
lificult to ascertain the precise extent to
which the respective governments were
acknowledged in the various parishes
outside of New Orleans, but it is safe to
ay that the changes which had taken
,lace in parishes after the organization
# the two governments on the 9th Of
ahuary 1877, were in favor of the Mich
Ills government. The claim to legality
# the Supreme Court, composed of Chief
ustice Manning and Associates who
we're nominated by Gov. Nichols and
onfrmed by his Senate rests upon the
anne basis as the title of Gov. Nichols
nd his Senate. The claim to legality of
he Supreme Court composed Of Chief
ustice Ludeling and his Associates rests
ither upon their right to hold over in
ase Nicholls's Court is illegal, or upon
he illegality of the Kellogg Packard
enate which confirmed the Judges upon
he nomination of Gov. Kellogg and
'hile it had Returning Board quorum.
The Legal Questions Involved.
We have briefly sketched vhe actual
osition as we found it. We will now
late the legal question upon which the
ght of these respective governments
epends. The Constitution of the State
{ Louisiana requires that the returns
\ all elections for members of the Cen
raj Assembly shall be made to the Sec
stary of State"
1t also provides that "the qualified
lectors shall vote for Governor and
lieutenant Governor at the time and
lace ofvoting for representatives. The
stuTns of every election shall be sealed
/, o,I L.. II, a $1,000 -ak.,-,. i