The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1878-06-05
KclIOggs Discovery.

VIM. Pitt Kellogg was interviewed
this morning. He said at the outset
"None of the Democrats have strucl
the real point-the big thing in tn,
case, and vet he continued, 81 til,
point to which | refer is rs plain as tn,
point of this tooth-pick | hold in my
hand, and Il great deal bigger"
What is it, Mr. Kellogg
why simply this. Upon the basi,
Of Mr.. Evarts' instruction to the com
mission which Mr.. Hayes sent to Lou
isiana to dispose of Packard and set W
Nichols us Governor, Congress ear
Gust Mr.. Hayes at any time by a mere
Joint concurrent resolution, when
ever majority OF each house can be
brought to vote that way"
"What is the analogy between the
two cases
." If YOU will get copy of Mr..
EvartS' instructions YOU will see that
he sets up the theory that whenever
the executive succession of Il State Is
disputed, that is TO say when there are
two claimants of the gubernatorial
office, one or the other of whom Is
known 10 have been elected by the
people. the dispute may be settled by
the legislative body of the State pro-
vided is legal status is unluestioned.
! am not talking about that. | sim
ply said that II is the opinion of Mr..
Evart>, delivered in his official cipac,
ity rs Secretary of State, for the guild
ance Ola boly appointed by Mr.. Hayes,
IN his capacity rs President, to adjust
disputed gubernatorial succession in
a State of this Union. Now, then, you
will agree with me that an Admins
tratiou ought to be bound by his own
construction Of law, will you not ?"
1T would seem So.
"And YOU will also agree with me
that what Federal Cabinet officer
considers law applicable TO State
ought, under the same cognate circum-
stances, to be applicable to the Union
as a whole, in view of the fact that
the organic powers and duties of leg
iSlative bodies are the same in all cases.
That is to say, if Il Legislature Of Lou
isana, being itself unquestionably de-
June, may determine dispute between
two gubernatorial claimants absolute
", and by Il simple legislative act,
then certainly Il Congress Of the Uni
ted States, it it is unquestionably de
jure, may in the same manner deter
mine dispute between two President
ial claimants, or between de facto i'll
cumbent and de jure claimant, or any
way YOU OSe to phrase 1t.
Does the Administration or any
member of it apprehend the possible
application of its own doctrine to it.
self"
"Oh, yes, Evarts fully understands
the kicking powers of the legal gun he
aimed t Packard. | talked with him
about it, aud pointed out that posi-
bili!y as distinctly as | have pointed it
out TO you, but he said no such thing
would ever be attempted"
WHAT do you suppose he based
that assurance upon :"
Il suppose he based it upon his faith
in the fpalty in certain Democratic
Senators to Hayes in case both houses
OF the next Congress should happen to
be Democratic, but the tremendous
anxiety of the Administration to re-
turn a Republican majority to the
House would seem to Indicate that
they would rather not he compelled to
put their trust in Democratic friends
of Hayes alone if they could help it. u
Suppose, Mr.. Kellogg, that the
next Congress should meet and organ.
ize with a clear working majority OF
Democrats in both branches, as 1t UNI
doubtedly will do, what, under Mr..
Evarts' construction of law and con.
stitutiOn. would be the modus operandi
of disposing of Hayes
Similar to that by which Mr..
Packard was dispOssesSed. The tive
houses of Congress would pass Il resO
luton declaring Mr.. Tilden the lawful
President. Then all bills passed would
be sent to Mr.. Tilden for executive ap,
prevail. Messages would be received
from him and his nomination to office
would be confirmed by the Senate, and
Mr.. Hayes would be utterly ignored.
That was the way it was done in Lou
isana, and if 1t was lawful and consti
tutionnl there, it ought to be here"
4 Suppose Hayes should resist?"
GLOW the devil could he resist
WHAT could he resist with.
Il give it up"
80 would Hayes"
J Nov let's see about that, Mr.