Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-20

ST. PAUL,
outset: None of the Democrats have strucl
the real point-the big thing in the case, an6
yet" he continued ''the point to which refel
is as plain the point of this tooth-pick hole
in my hand, and q great deal bigger
''What is it, Mr.. Kellogg?'
"Why, simply this. Upon the basis of Mr.
Evarts instructions to the commission which
Mr.. Hayes sent to Louisiana to depose Packard
and set up Nichols as Governor, Congress car
GUST MIR. Hayes at any time by a mere joint OF
concurrent resolution, whenever 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 State is
disputed, that is to say, when there are two
claimants of the gubernatorial Office, one OF
the other of whom is known to have been
elected by the people, the dispute may be set
tied by the legislative body of the State, pro-
'ANSA AUD AC$30A oCoVuo II uHuCht1OucU. am
not talking about that. I simply said that it
is the opinion of Mr.. Evarts, delivered in his
official capacity as secretary of state, for the
guidance of body appointed by Mr.. Hayes, in
his capacity of President, to adjust
DISPUTED auBERNAToR1AL SUCCESSION
in State of this Union. Now, then, you will
agree with me that an administration ought to
be bound by it's own constructions of law, will
you not?''
ut would seem So"
''And you will also agree with me that what
federal cabinet officer considers law applica-
BILE to a state ought under the same or cognate
circumstances to be applicable to the union as
a whole in view of the fact that the organic
powers and duties Of legislative bodies are the
same in all cases. That is to say, if Legisla-
ture of Louisiana being itself unquestionably
de jure, may determine dispute between two
gubernatorial claimants absolutely, and by
SIMPLE LEGISLATIVE ACT,
then certainly congress of the United States,
if it is unquestionably de jure, may in the
same manner determine dispute between two
Presidential claimants, or between de facto
incumbent and de jure claimant, or any way
you choose to phrase it. ;"
Does the administration or any member of
it apprehend the possible application of its
own doctrine to itself?'
'Oh, yes Evarts fully understands the kick
ing powers of the legal gun he aimed at Pack
ard. talked with him about it, and pointed
out that possibility as distinctly 1 have
pointed it out to you, but he said no such thing
would ever be attempted"
What do you suppose he based tina: assur-
ance upon?'
Il suppose he based it upon his faith in the
FEALTY OF CERTAIN DEMOCRATIC SENATORS
to Hayes in case both Houses of the next Con-
gress should happen to be Democratic but the
tremendous anxiety of the administration to
return Republican majority to the next House
not be compelled to put their trust in Demo-
cratic friends of Hayes alone if they could help
it,
Suppose, Mr.. Kellogg, that the next Con-
gress should meet and organize with clear,
working majority of Democrats in both branch
es, as it undoubtedly will do what, under Mr..
Evarts' construction of law and the constitu-
tion, would be
THE MoDUs oPERANDI
of disposing of Hayes?''
Similar to that by which Mr.. Packard was
dispossessed. The two houses of Congress
would pass resolution declaring Mr. Tilden
the lawful President. Then all bills passed
would be sent to Mr.. Tilden for executive ap-
proval. Messages would be received from him,
and his nomin alton to Office would be con-
frmed by the Senate, and Mr.. Hayes would be
in Louisiana, and If it was lawful and consti-
tutional there it ought to be here
SUPPOSE HAYES SHOULD RESIST
How the devil could he resist? What could
he resist with
II give it up
so would Hayes
DO you suppose such state of affairs will
ever transpire?''
''Nsw let's see about that. Mr., HAYES was
elected in the vote ofT ,ouiaion;o ho ,yoo o1oo
ted at all. The returns that elected him also
elected Packard. The Democrats disputed
Packard's election on precisely the same
grounds those on which they
now dispute the election of Hayes, SO far as
Louisiana is concerned. Then Mr.. HAYES Sec
rotary of State furnished the Democrats with
the law under which they proceeded to GUST
Packard and install Nichols. held at the
time that
PACKARD WAS ELECTED,
and SO hold now. also held that Hayes was
elected, but Hayes through his secretary of
state, instructed the commission that the ques-
ton as to who had been elected Governor must
be adjudicated by the legislative body, if any
could be found with an unquestionable right
in law to hold their seats. This law, as said
before, if it be law at ALL is organic, and hence
as applicable to the Union as to State and
Mr.. Hayes and his friends will have no al
tentative but to submit to it if it should hap
pen to be enforced.
Inte|rieW With Charles Francis adams.
Charles Francis Adams, in an interview on
the grand investigation, said II cannot
understand the obstinate manner in which the
Republican members of Congress are endeavor-
ing to delay the investigation. Their conduct
strikes me as a confession of guilt on their
part. If were in the Congress at the present
time and member of the Republican party, l
would most undoubtedly assist in the unearth-
ing of any fraud that might be charged against
members of the party. If there are Repub-
licans who have been guilty of completely in
the frauds that were certainly committed, their
conduct should be investigated. and if they are
proven guilty they should beexpelled from the
party. This idea Of trying to screen Mr.. Hayes
and those of his immediate friends who have
been charged with the commission of
fraud will only injure the great mass
off Republicans, while it will prove bene-
fetal to only few of the suspected ones. 1t is
certainly suicidal policy, and will give the
Democratic party greater prestige and a far
at the next election. So far as Mr.. Hayes is
concerned, no resolution or measure that Con-
gress could enact at the present time can serve
to invalidate his claim. The electoral commits
sion was great mistake. a national calamity,
and deplorable error. Previous to the sitting
of the electoral commission, the country al
large entertained a high opinion of the judges
of the supreme court, and their decisions were
always regarded favorably and with respect
but since that time the people have lost con.
fdence in the integrity of several of thei,
number, and the influence of that tribunal has
been destroyed, in measure. It was a mis-
take to introduce politics into such tribu
nal"
H. b. Strait a "Three Card Monte Tricxster.'
Pioneer Press, Nav 18th.