Year: 1877

fair election has been prevented by
the causes above named. The same
law further declares it shall be the
duty of the Secretary of State to trans
nit to the Clerk of the House of Rep
resentatiyes and to the Secretary of
the Senate of the last General Assem-
bly, a list of the names of such persons
as according to the returns shall have
been elected to either branch of the
General Assembly, and it shall be the
duty of the Clerk and Secretary to
place the names of the Representa-
tiyes and Senators elected, so fur
nished, upon the roll of the House and
of the Senate respectively, and those
Representative and Senators whose
names are SO placed by the Clerk and
Secretary respectively in accordance
with the foregoing provisions, and
none other shall be competent to or
ganize the House of Representatives
aud Senate. 1t is claimed by the
counsel of the Nichols government
that this act, so far as it interposes
the Returning Board exercising these
powers of exclusion between the parish
supervisor of registration, with his
consolidated returns and the Secretary
of State, is when applied to the cleo
ton of members of the General AS
sembly, of Governor and Lieutenant
Governor, plain violation of the
provisions of the constitution of Louis
lana, which say returns of all elections
for members OF the General Assembly
shall be made to the Secretary of State,
and in reference to Governor and
Lieutenant Governor, the returns of
every election shall be sealed up and
transmitted by the proper returning
officers to the 3cretary of State, who
shall deliver them to the Speaker of
the House of Representatives.


On the other hand, it is insisted by
counsel for the Packard government
that the Legislature has the power to
create this Returning Board and give
it the authority with which the act
clothes it. 1t is also claimed by them
that the constitutionality of the act
has been settled by the Supreme Court
of the United States but the Nichols
party deny that the question was de-
cided by the Supreme Court in man
ner that could be considered authori-
tative. 1t should be further stated
that it is not claimed by the counsel
for the Nichols government that the
Legislature could not create Re-
turning Board and clothe it with these
powers.


In regard to the appointment of
presidential electors, since the pro-
visions of the State constitution on
which they rely relate only to the
election of the members of the Legis
lature, of Governor and Lieutenant
Governor, we quote the following SEN
tence from one of their printed argu-
ments


Indeed, as to presidential electors, the
mode of their appointment is, by the consti-
tuition of the United States. left to the dis
cretion of the Legislature of the State, be-
cause the General Assembly of Louisiana
might create any tribunal whatever, and
confide to it the appointment of electors for
President and Vice President. Consequently
it may properly authorize such tribunal
in the case of the election of presidential
electors by the people to count the votes, and
ucCHlC dGCIdTe HIO dit tHlllI6tl W SEATS
the Electoral College.


As matters stood on our arrival here,
the legal title of the respective claim
ants to the office of Governor depended
on the question we have stated. There
was no judicial tribunal acknowledged
to be authoritative by both parties
by which it could be solved, for the
reasons already given. The only hope
of practical solution was by union
of so many members of the rival legis-
latures as would make Legislature
with constitutional quorum in both
houses, of members whose title to
their seats is valid under either view
of the law. WiGh Legislature of
undisputed authority the settlement
of other questions could, as stated in
the letter of instructions to our COM
mission from the Secretary of State,
be gradually worked ont by the prev
alent authority which the legislative
power, when undisputed, is quite
competent to exert in composing con-
tlicts in the coordinate branches of
government. Within the last three
uStS . WHO III op ElCthG obCp Ill lCSbOI III
peace to the State has been accom-
plished, in consequence of with
drawal of members from the Packard
to the Nichols legislature. The lat
ter body has now eighty Re-
turning Board members in the House,
and thirty-two Returning Board Sem
ators sixty-one members constitutes
quorum in the House and nineteen
in the Senate.


1t is proper that we should say, in
conclusion, that it was in view of the
foregoing facts, especially the consol-
idation of the Legislature, and our
knowledge of the condition of Louis
lana, derived from personal contact
with the people, that we were induced
to suggest in our telegram Of the
twentieth instant that the immediate
announcement of the time when the
troops would be withdrawn to their
barracks would be better for the peace
of Louisiana than to postpone such
announcement to some distant day.
The commissioners, holding various