Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-07-26

place, on the same day that SOuer wa
appointed, was there any consultation abou
it? The secretary declined to answer, wheI
General Butler said: | want TO prove tina
nothing was said in the cabinet about it
Secretary Sherman then lett the committed
room and will return to Washington thu
evening. 1t is understood that he viii bt
further examined in that city on questions
other than those propounded to-day.
General Garfield was next called, being ex,
amIned by Mr.. Hiscock, and testified that be
visited New Orleans IN November, 1876, Oh
invitation of President Grant as follows:
CENTENNIAL GROUND, November 10, 1876.
Hon. ]. A. Garfield, Washington, D. c.:
l would be gratifed if you would go to New
Orleans to remain until the vote of Louisiana
Is counted. Governor Kellogg requests thai
reliable witnesses be sent TO see that the can
vas of the vote is fair one. Answer.
U. s. GRANT.
General Garfield subsequently had con-
versation with President Grant, who SAID
Governor Kellogg had telegraphed him, say
lag that the chairman OF the Democratic State
committee had invited prominent Democrats
to visit New Orleans, and therefore Kellogg
suggested that corresponding number OF
Republicans should came there; the President
stated that there was likely to be a great deal
of feeling with regard to the counting OF the
vote; as 1t would be matter of discussion In
congress, IL WAS IuDOIOduj, DDIu iOI OIulu ,
sake and for members of congress, that they
should be familiar with the facts, and on this
ground the President urged General Garfield
to go to louisiana the President said all he
desired was to know the facts Of what trans
pired, and to have a report General Garfield
said he was more indebted to the late D. A.
Weber, supervisor of elections of West Fe
liciana, for information relative to that par
ish than to any one else; Weber said the
xubnla from ln thara founded On
gestions of the Democratic State committee,
who advised the formation of rifle clubs for
the purpose of intimidating the Republicans,
and to show that there was physical as well
as moral force IN the movement, Weber said
he could not then return to West Fehciana
without running the risk of beng killed, al
though it might be safe for him to return
after the excitement was over. General Gar
field was Intercepted at length as to the
testimony of f. L. Weber, denying the general
statements Of this witness In regard to
events In Louisiana In connection with the
visiting Republicans; many of his statements
were utterly inconsistent with the truth;
General Garfield did not know of any Wis
itors having a conference with the returning
board, or addressing to them arguments as to
what rules should be adopted IN tue counting
of votes; there was not a word OF truth In
the statement that the visiting Republicans
advised the returning board to stretch their
powers to the utmost extent in throwing out
Democratic votes; so far as it relates to me it
is lie; it is lie also, SO far as it relates to
anybody else; it was the purpose of the visit
crs on both sides not to NEEDLE with ques-
tions before the board, their only object being
to discover results.
General Garfield having been interrupted
by Chairman Potter, said, among other things,
that the air of New Orleans was full of stories
that the colored members Of the returning
board might be tempered with, but conf
dence was expressed in the white members
The general was questioned as to the afr
davlts of numerous persons, among them
Amy Mitchell, in whose truthfulness he be-
lieved; she had testified to the murder of her
husband.
Chairman Potter asked witness whether he
had heard of her recantation, and he re
piled that he was surprised at the state
ment, as she had told him all the partic-
ulars of her husbands death. Potter here
read the newspaper account of Amy Mitch
ellis rec ntation. General Garfield said, in
eoly to Hlscock, that he examined the par
ties In order to ascertain all the truth con-
corning their statements, as embraced in the
affidavits. General Butler asked, ''Have you
any doubts that if the State was carried for
Hayes it was also carried for Packard?" Au
swer-I think Packard was honestly elected,
but the final outcome was for Nichols.
General Butler-I thought the legislature
declared for Packard, and put him in as gov
ernor until the struggle which put him out.
Ans.-I do not so Understand.
Qdes.-Did the returning board make a
new set of rteurns? Aus.-In the case of
the Presidential electors the determination of
the returning board is final; while as to the
governor, the legislature can reverse the find
ing.
Ques.-But did you not understand that
Packard was elected governor and inau
gurated him, and that he remained governor
until he was unseated by another power, and
the same legislature elected Kellogg senator,
and the United States senate recognized him
as legally seated? Ans.-But | do not I'M
derstand the party opposed to Packard lost
the power to contest.
Q1es.-After a man has been declared
elected by the returning board, and has been
as governor, do you understand
that the legislature can turn him out? Do
you understand that can be done Ans.
That depends upon the statute; | know that
it can be done in case of contest.
Ques.-Do you know of such contest in
that legislature? Aus.-I am not particu
larry familiar the proceedings.
Ques.-Did not the Legislature and Cover
nor Packard maintain themselves for three
months ? Ans.-They maintained about
eight acres-ei2ht acres of Louisiana.
Cues. i am asking for tir1e, and you give
me acres. Ans.-I think, about three
months.
Ques.-Did they not maintain themselves
till the President sent body of men to back
them up? Ans-I think not.
Ques.-Did they not maintain themselves
until the M'Veagh commission was sent
down Ans.--They were maintained by
troops.
Q1es. DO you know of any act of the
troops, or of an order to MAINTAIN that legis
lature?
Mr.. Hiscock objected to the question; all
this, he said, is current history; it is notori-
ously known to one gentleman as to another:
besides, such an examination does not come
within the letter of the authority under which
the committee is acting.
General Butler-Every time | get this mat
ter to point my brother on the left objects;
he was patient, however, to-day. while Sec
rotary Sherman was making irrelevant re-
marks.
Mr.. Hiscock-All | can say is this: If the
gentleman considered the remarks improper
he could have objected to them.
Chairman Potter-I will leave the decision
of this question to my colleague [Springerl,
as all other members of the committee have
expressed their views on the subject.
Mr.. Springer-General Butler has indi-
Gated the line of the investigation, and pre-
faced the case by stating that he proposed
to show a bargain by which Hayes was to
be counted in as President, and he, in return
for such service, was to overthrow Packard
as governor and recognize Nichols The
question now put to witness relates to the
overthrow of the Packard government by
withdrawing the troops and leaving Packard
to his fate. The question, therefore, is per-
tinent as part of the general conspiracy pro-
posed to be proven. Besides, this question
was adiudicated at former session of the
committee, and it would be manifestly unjust
to reverse it. For this reason he would vote
to allow the question to be asked
Chairman Potter have not been in favor
of this line of inquiry. For myself, | must
say that think the people Of Louisiana, act
ing with Nichols, were justified, after the
actions of the returning board, in max
ing the best arrangements they could
to secure the State government But,
however that may be, after the length
to which that branch of inquiry has been car
ried, do not know that ought now to stop
it, if | have the power; but as the committee
is divided have not the power, and there
fore the question may be answered.
General Butler-I recognize the right of
NICHOLS to make harUaln IN his