The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-05-23
EVsrts Explains. TO KELLOGG How Hayes Can bs
put tlut

vote that way"
"What is the analogy between the two
cases?"
'If you will get a copy of Mr. Evarts"
instructions, you will see that he sets up
the theory that Whenever the Executive
succession of State is disputed-thas is
to say when there are two claimants OF
the Gubernatorial Office, one or 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,
provided its legal status is unques-
toned"
The following is the clause to which
Senator Kellogg refers. 1t bears date
A pril 2, 1877, and is addressed by Secre'
tary Evarts to Mess,s Lawrence, Haw-
ley, Harlan, Brown and McVeaghlj
1.-THE President desires that you should
devote your first and principal attention
to removal of the obstacles to an &C.
acknowledgement of one government for
! the purposes of an exercise of authority
with the State, and representation of
the State in its relations to the General
Government under section of article 4
of the Constitution of the United States,
leaving, if necessary, to Judicial or othel
constitutional arbitrament wi,hin the
State the question of ultimate right If
these obstacles should prove insuperable,
| from whatever reason, and the hope Of a
single Government inall its departments
! be disappointed, it should be your next
endeavor to accomplish the reCogn tlon
of a single Legislature as depository Of
the Representative WiN of the people of LoutSt'
ana. This great department of Govern
ment rescued from dispute, the rest Of
the problem could gradually be worked
out by the prevalent authority, which
the legislative power, when undisputed,
is quite competent to exert in composing
conflicts in the coordinate branches Of
the Government"
us that opinion good law"
81 am not talking about that. SIM
ply said that it is the opinion of Mr.. Ev.
arts, delivered in his official capacity of
Secretary of State, for the guidance OF
body appointed by Mr.. Hayes, in his ca.
pacity of President, to adjust disputed
Guhernatorial succession in State of
this Union. Now, then, you will agree
with me that an Administration ought
to be bound by its own ConatruCtions 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 or Cognate circumstances, to be ap
plicable to the Union as 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 unques-
tionably de jure, may determine dis
pute between two Gubernatorial claim |
ants, absolutely and by simple Legislative
act, then certainly a Congress of the |
United States, if it be unquestionably de |
jOtre, may in the same manner determine
adlspute between two Presidential claim |
ants or between de fdCtO incumbent and
a 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 |
kicking powers Of the legal gun he aimed |
at Packard. l talked with him about it,
and pointed out that possibility as dis
tinCtly 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?"
suppose he based it upon his faith in
the fealty of certain Democratic Sena.
tors to Hayes in case both Houses of the
next Congress should happen to be Dem.
oCratiC But the tremendous anxiety of
the Administration to return Republi-
can majority to the next House would
seem to indicate that they would ratLer
not be compelled to put their trust in the
Democratic friends of Hayes alone, if
they could help it,"
Suppose, Mr.. Kellogg, that the next
Congress should meet and organize with
a clear working majority of Democrats in
both branches, as undoubtedly will do
what, under Mr.. Evarts' construction of
the law and the Constitution, would be
the mOdu8 operandi of dlsposing of
Hayes?"
Similar to that by which Mr.. Pack.
ard was dispossessed. The two Houses
Of Congress would pass resolution de-
claring Mr.. Tilden the lawful President.
Then all bills passed would be sent to
Mr.. Tilden for executive approval; mes.
3ages would be received from him, and
his nominations to Office would be con-
frmed by the Senate, and Mr.. Hayes
would be utterly ignored. That was the
way it was done in Louisiana, and if it
Was lawful and constitutional there, it
ought to be here"
Suppose Hayes should resist ?"
"Resist, b How the devil would
be resist? What would he resist with ?"
II give it up"
$50 would Hayes"
"Do you suppose such state of affairs
will ever transpireW
"Now, let's see about that. Mr.. Hayes
was elected by the vote of Louisiana, if
ne was elected at all. The returns that
elected him also elected Packard. The
Democrats disputed Packard's election
On precisely the same grounds as those
On which they now dispute the election
Of Hayes, so far as Louisiona is concern
ed. Then Mr.. Hayes's Secretary of State
furnished the Democrats with the law
lnder which they proceeded to GUST
Packard and install Nichols. held at
,he time that Packard was elected, and
so hold now. l also held that Hayes was
elected But Hayes, through his Secre-
AIRY of State, instructed the Commission
hat the question as to who had been
elected Governor must be adiudicated
oy the legislative body, if any could be
ound with an unquestioned right in law
N hold fhair oaofu Tbia Ia nv nc I ooid