The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-26

"A.
case; but the trial on Its merits was subsequent.
O. Did the Rcturni ing Board make q new set OF re-
termination OF The Returning Board is nnai while as
TO Governor the Legislature can reverse the finding
g. But aid you not understand that the Legislature
did make n declaration that Packard was elected Gov
ernor and tnaugurnted him. and that he remained
Governor until he was unseated by another powerl
This Same Legislature elected Kellogg Senator aud
the United States Senate recognized him as legally
elected A. But do not understand that the party
opposed 10 Packard lost tho power 10 contest
O. Alter a iuan has been declared elected by tho
Returning Board and been inxugurated as Governor
do you understand that the Legislature HIM
ou,p Do you understand that DO doneg A. That
depends on the statuic know that 1t can be done IN
case OF contest.
@ Do YOU know of such contest in that Legisla-
ture9 A. am not particularly familiar with the pro-
O. Did not the Legislature and Governor Packard
MAINTAIN themselves for three months? A. They
maintained about eight acres OF louisiana.
q am asking Tor timc and you give me acres. A.
think about three month his.
O. Did they no. MAINTAIN themselves I'll tho Pros
ident sent bods Of men down there TO break them
@ D,d they not MAINTAIN themselves until the Nc
Vcagh Commission was scnt DOWN. A. They were
maintained by troops.
q. Do you know any act Of tho troops OF
der to maintain that Lugislaturef
Mr. Hiscoek objected 10 the question. All this, he
said is current history IL Is VIGOROUSLY known
one gentleman as TO another. Besides, such
examination does not como within the letter oil tho
authority under which the committee ~ acting.
General Butler-Evsry lime get this matter to q
point my brother on tho left objects. He was pa
tlcnt however, to-day while Secretary sherman was
making irrele want remarks
Mr. Aiscock-AiII can say is this:--lr the gentle
man considered The remarks improper no could have
objected to them.
Chairman Pot,er-I will leave tho decision OF this
question 10 my colleague (Mr. Springerl all The
other members OF the committee have expressed their
views on tho subject.
OF investigation and prcfaced the by stating
he proposed to show bargain by which Hayes was to
service was to overthrow PACKARD as Governor and
recognize Ncnolls. Ths question now put TO the wit
mani nv W,ldraw,ne The ,rcons ard lesvnv Factara
to his tate Tho question. therefore, 10 pertinent
par, tho general conspiracy proposed proven.
Besides, this question was adjudcated At former
OF tho committee and II would DO nlanifesIy
unjust TO reverse IT, For this reason he would vote
to allow the question to be asked.
Tho Chairman-I have not been IN favor Of this
limo OF inquiry. For myself must say that think
that The people OF Louisiana. acting with Nichols
were justified, alter the action OF the Returning
Boara IN making the best arrangements they could
sSa mav be- after hs surtS 20 when nss brsreh Of
the inquiry has been carried, 40 not know that
ouEh. now to stop y nave the power Du, q. the
tore, the question may be answered
General Bulier-i recognise the right OF Nichols to
make bargain for his place as much as Sir Henry
Howe had TO bride Arnold but it 10 Arnold after
Mr. Hlscock-I must object TO such insinuations in
The question was then DO you know OF any
act OF Inc troops or any order 10 the troops 10 main
tain tho Packard government A. l havo no knowk
edge except current history opcn 10 US all.
What current hstoryf A. l understand that
there contest between the Nichols and Pscka nj
people, and tho troops were called out TO prevent q
copilicl between the partisans OF tho respective
governments, 10 prevent bIoodshed and TO preserve
@ You said you believed Packard to have been hon
esty elected; do you khow OF any bsttor purpose
which Inc troops could nave been applied than In up
holding him A. / believe Packard was honestly and
lawfully elected but never Understood that the Log
slaure had declared TOR Packard 10 the nai form oe.
Packard hau passed beyond the point whore There was
lawful appeal
Supreme Court The Legislature, composed OF ma
jority OF the members declared to DC elected by the
Returning Board assembled on the day 1xed by law,
counted tho anu declared by the authority
that returned the hayes electors that Packard was
s ss hs ana aiI Dsl.S he
turn governor out do you know OF any reason Why
Congress has not the right to turn out presdentf
A. The jurisdiction Ia different; one Is State and tho
other national.
Mr.. Bu,lsr-I propose 70 find The missing INK 10
The further exam NATION OF General Garfield was
postponed ill tomorrow morning. Attor q contiuu-
session of SIX hours the committee adjourned
wirNEssEs TO BE ExAMlSED.
The ross-sxaminssloa OF General Garhsid VIII b.
be- srs Palmer o on who
arrived this afternoon; ex-Congressman Morsy. Of
Louisiana; ex-senator frumbul, and perhaps one or
Secretary Sherman while here received notice that
the sub-committes at New Orleans had determined
that the committee would permit him TO subpoena
witnesses 70 prove Intimidation oi republican voters
avail himself oil tho privilege.
PROCEEDINGS OF rHK LOUISIANA sUB-CoM-
NEUTRALITY-SUSPICIOUS. OF MAJOR BURKE AND
REPRESENTATIVE KLLrs-rHZ GUARANTEES
TO THE NICHOLAS GOVERNMENT.
NEW ORLEANS, La, July rs, 1878.
To-day before tho Potter sub.com mites Major L. A.
Burke was sworn. and examined by the chairman AZ
toIows:-
Q. You are q resident OF the city Of New Orleans ,
A. am.
@ How long have you lived hers2 A. Since 1869.
Y. You lived nero In 1876. thenf A. did.
Q. State how soon after the election Of November,
1876, you started from this city for Washington A.
lett OF the 18th OF January
q. In what capacity did you 60 TO Washington A.
was sent to Washington by Governor Nichols to
represent tho interests OF the Nichols State govern
mcnt
O State what, n any, Instructions you received
hero before you leftg A. producing very large roll
OF papcrsl will, Mr.. Chairman; that occasion OF a
representative beng sont to Washington grew Of
Information received by Governor Nichols that there
constant efforts being made Wy the opponents Of
his government to misrspresent the condition OF
affairs In Louisiana President Grant and constant
invocations for his interference support OF the
Packard government; and It also commu nicatsd to
Governor Nicnolls That there was . determination to
force upon the Nichols Legislature the election two
United States Senators In tho in.erost OF tue repubi
party the price OF the yielding up OF tho State
government; these considerations induced Governor
Nichols who, upon tho advice OF friends In Washing
ton, requested mo TO 60 there to represent the In
terest Of his government; my general nstructions
verbal instructions, IRON Governor Nichols were to
ascertain fully tho situation OF affairs al Washington
and the disposition OF the national administration
toward has State government; to ascertain definitely
what demands would DO made upon him or upon our
Legislature and TO keep him FULLY posted ms to all oc
currcnces affecting the interest Of Ihc State govern
mcn; also 10 represent the condition OF AFFAIRS aud
the interest OF the government TO the best OF my
ability; 1 would state that the Governor also In.
sruc Cd 10 confer with AN act with mana gors
and the representatives, of tho national democratic
party IN Washington cry; the written Instructions
Ms ioilows:-
Nsw ORLEANS. Jan. 10. 1878.
Major Il. a. BARxrH: