New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-05-18
KELLOGG PAYS OFF AN OLD SCORE.
AvENGING PACKARD'S oYERTHROW-THE DEMO-
Gratis SUPPLIED WITH An INDICTMENT TO CARRY
ON THE WAR AGAINsT MIR. HAYES.


Gratis SUPPLIED WITH An INCITEMENr TO CARRY
on THE WAR AGAINST MIR. HAYES.
lBT TELEGRAPH THE TRIBUSE.I
WASHINGTON, May 1.-THE Washington Post will
publish the report of an interview with Senator
Kellogg, in which he is represented to have said ::
None of your people have stuck to the real point,
the big thing, i'll this ease"
"What is il, Mr. Kellogg 7" asked the reporter.
"Why, simply this: Upon the basis of Mr.. Evartss
instructions to the Commission which Mr.. Hayes
sent to Louisiana to dispossess Packard and set up
Nichols as Governor Congress can Dust Mr.. Hayes at
any time by mere joint concurrent resolution
whenever a majority of each House can be brought
to vote that way"
What is the analogy between the two casesV
eff you will get a copy of Mr.. Eyartss instruc-
tons, 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
claiments of the gubernatOrial office one or the
other of whom is known to have been elected by
the people, the dispute may be settled by the legs-
lative body of the State provided its legal status is
unquestioned.'
ais that opinion good lawp
Il am not talking about that. i simply
said it is the opinion of Mr.. Eyarts, de-
livered in his official capacity of Secretary
Of State. for the guidance Of a body APP
pointed by Mr.. Hayes in his capacity of
President, to adjust a disputed gubernatorial sue
cesson in State Of this Union. Now then, you will
agree with me that an Administration ought to be
bound by its own constructions of law, will you
not!'
"Does the Administration any member Of it
apprchend the possible application of its own doc
trne 20 itself9
ooh, yes, Eyarts fully understands the kicking
81, Il N l.r. Ia air AZ popk ard I
talked with him about it, and pointed out that pos
sibility as distinctly have pointed 1t out to You.
Bnt he said no such thing would ever be attempted"
"SuupOse, Mr.. Kellogg, that the next Congress
should meet and organize with a clear working
majority of Democrats III both branches, as 1t
do1biadly will do, what, under Mr.. Eyartss con-
strnclon of the law and Constitution would be the
modus @,erandi of dIsposing Of Hayes y
'Sirnilar 20 thathy which Mr.. Packard was dispos
sessed. The two Houses of Congress would pass
full President Then all bills passed would
he sent to Mr. Tilden for executive APP
proyal. Messages would be received from
him, and his nominations TO office would be con-
frmed by the Senate. and Mr.. Hayes would he
utterly ignored. That was the way it was done in
Louisiana and if it was lawful and constitutional
there il ought to be here
Suppose Hayes should resist q
Resist! How the d would he resist! What
would he resist with /"
" ! give it up"
$50 would Hayes"
"Do yon suppose such a state Of affairs will ever
tTanspIeP
q Now let's see about that Mr. Hayes was elected
bv the vote OF Louisiana, if he elected at all
The returns that elected him also elected Packard.
The Democrats disputed Packafd's election Oh pre-
csey the same grounds as those on which
they now dispute the election of Hayes, so
far as Louisiana is concerned. Then Mr.
Hayes's Secretary Of State furnished the Democrats
with the law under which they proceed 70 Dust
Packard and install Nichols. ] held that at the
time Packard was elected and so hold now
/ also held that HAYES was elected
But HAYES, through his Secretary Of State, in
struceE the Commission that the question as TO who
had been elected Governor must he adIudcatted by
tIe legislative body il any could be found with an
unquesOned right in law TO hold their seats. This
law as | said before, if II be law at all,
is organic, and hence as applicable to
the Union as 10 State, and Mr.. Hayes
and his friends will have 10 alternative but TO sub
nit TO it If it should happen to be turned against
them.n