Year: 1877




lowing is the report Of the Louisi-


ana Commissioners, given out by


the President this evening:


Nep Orleans, Apra 81, 1S77.-To


the President of the United States


Sir: In accordance with your re-
quest, the undersigned have visited


this city, and spent the last 16 days


in ascertaining the political stu


alton in Louisiana, and endeavoring


to bring about a peaceful solution


Of its difficulties. In view of the
declaration in the letter of the Sec


retary of State, that we should di-


rect our efforts to the end of secur-


ing the recognition of a single Leg


islature as a depository of the rep


resentative will of the people of
Louisiana, if necessary to judicial


or other constitutional arbitration


within the State. the question of ul-
innate right, and in view of your
determination to withdraw the
troops of the United States to their
barracks as soon as it could be done
without endangering peace, we adj
dressed ourselves to the task of Sc
curing common Legislature of un-
disputed authority, competent to
compose the existing political con-
tentions, and to preserve peace
without aid from the National Gov
ernment. To this end we endeav.
ored to assuage the bitterness and
animosity we found existing, on both
sides, so as to secure a public opin-
ion less unfavorable to such conces-
sions as were indispensable to our
success in obtaining such q legisla-
ture and such general acquiescence
in its authority as would ensure So
cial order, we have had full confer
ences with the two gentlemen who
claim the gubernatorial Office and
with many other members of their
respective governments in their ex-
ecutive, judicial and legislative de-
partments. We have also conversed
very freely with large delegations
Of men of business, with many of
the District Judges and with hun
dreds of prominent citizens of all
parties and races, representing not
only this city, but almost every
parish in the State. We have also
received many printed and written
statements of fact and legal argu-
ments, and every person with whom
we came in contact has shown a de
sire to give us all possible informa.
tion bearing on the unfortunate po-
litical divisions in this State. The
actual condition of affairs on our
arrival here may be briefly stated,
as follows: Gov. Packard we shall
speak of both gen tlemen by the title
they claim was at the State house
with his Legislature and friends
and an armed police force. As
there was no quorum even on his
own theory of law, his Legislature
was necessarily inactive. The Su-
preme Court which recognized his
authority had not attempted to
transact any business since it was
dispossessed of it's courtroom and
the custody of its records on the
ninth day of January, 1877. He
had no organized militia, alleging
that his deficiency in that respect
was owing to his obedience to the
orders of President Grant to take
no steps to change the relative po
sition of himself and Gov. Nichols.
His main reliance was on his al
legged legal title, claiming that it
was the constitutional duty of the
President to recognize it and to af-
ford him such military assistance
as might be necessary to enable him
TO assert his authority as Governor.
Gov. Nichols was occupying the
Odd Fellows Hall as a State house
His Legislature met there, and was
actively engaged in the business of
legislation. All the departments of
the city government of the city Of
New Orleans recognized his author
ity. The Supreme Court nomina-
ted by him and confirmed by his
Senate, was holding daily sessions
and had heard about two hundred
cases. The time for the collection
of taxes had not arrived, but a con
siderable sum of money in the form
of taxes had been voluntarily paid
into his treasury, out of which he
was defraying the ordinary eXpens
es of the State government. The
Nichols Legislature had quorum
in the Senate on either the Nichols
or the Packard theory of law, and a
quorum in the House on the Mich
oils but not on the Packard theory.
The Packard Legislature had a
quorum in the House on its own
theory, but, as already stated, not
in the Senate, and was thus disa
bled from any legislation that would
be valid even in the judgment of its
own party. The Commission found
it very difficult to ascertain the pre-
else extent to which tho respec-
tive governments were acknowl-
edged in the various parishes ont
side of New Orleans, but It is safe
to say that the changes which had
taken place in the parishes after>the
organization of the two govern
ments on Jan. 8, 1877, were in favor
of the Nichols government. The
claim to legality of the Supreme
Court, composed of Chief Justice
Manning and Associates, who were
nominated by Gov. Nichols and
confirmed by his Senate, rests on
the same basis as the title of Gov.
Nichols and his Senate. The claim
to the legality of the Supreme Court
composed of Chief Justice Ludeling
and his Associates, rests either on
their right to hold over in case the
Nichols Court is illegal, or on the
legality of the Kellogg Packard
Senate, which confirmed the Judges
on the nomination of Gov. Kellogg
and while it had Returning Board |
quorum. We have briefly sketched |
the actual position as we found it.
We will now state the legal question |
on which the right of these respec-
tive governments depends The
Constitution of the State of Louisi- |
ana requires that the returns of all |
elections for members of the Gen
eral Assembly shall be made to the
Secretary of State. 1t also provides
that the electors shall vote for Gov
ernor and Lieutenant Governor at