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OTJIZOOIAL JOURNAL O THIE STATE OF LOUISIANA.
OL. INO.114. NEW ORLEANS, FRIDAY, APRIL 13,1877. PRICE, FIVE ENT /3 TELEGRAPH. * S TREASUBY DE]PA.TMENT. A :. e. flg Investigation to be INsf in the New York and Mew Orleans Custom Houses. ie Uader'aitlOa3 of Silk, Lace, Wines ad CIgars. Uwrw, lie hilef of the Rinr, In Our Custom-Bose. Ap".ei a o to 0. Demoorst.] !AWwrroz, April 183.-Secretary berm-. an has begun a raid on the under '"~j 13tlon ring, as they are oalleJ, in the -; gipalb Oastom.Houses, and has made h ih Aij t onslaught in New York upon S olfglt gt silk and lace importers, who love leag beea in successful operation b} collusion with clerks in the g'sa ofeCe, if not with the ap bja seif. He also contemplates i a similar ring of wine, liquor igar importers, which has flourish several years in the New Orleans eouse. The facts concerning ~tlng have been accumulating in g' a- r department a long time, thinks he has a plan by they caatb effsoetually broken up. ZIt~l estimated that the government bt beNm defrauded of as much as three igin dollars in a single year by these s~up la New York and New Orleans. T~p tet frauds were perpetrated in 3, ; 18d 1878. It is believed at the ury Despartment that Casey has pen tfully oognizant of these frauds, te tbi mpesion being that lerwig, who I.a ad the almost exclusive manage 'at of the business in nour Oustom RiUse, has eatefully kept the operations f .itring concealed from his chief. At all auvte, this is the theory given out to.Iya r correspondent. It will be made lively 6 or the New Orleans ring as soon -ia new District Attorney is appointed, Ii d it the ring depend on Billings to ltOet, them they may suddenly find t i,,r. .otetor in the toils of Congress. o'Ihere is nothing new in political cir e.es beyond what appeared in your :~frnoon dispatches. BuxraL. Sr.om Our Evening Edition of Testerdar.] V E COMMISSION REPORTS. t:. qrem Will, in Consequence, Send New Instructions. Stelt Talk Abnst a Returning Board quo. rum. A 4ld for Pinhbaeck's Friends. i pecIal to N. O. Democrat.] SWsatxrox, April 12.-There is noth lag new here this morning. Advices `to the Oommission, setting forth the +dmoulties they have encountered in Louisiana, will be considered by the Obinet to-morro w. The statement is M-ade that supplementary instructions : ~'auggestions will be given to the Com a.ulto mo to meet the difficulties that jsw..risen. S Zttlsafe to assume that the Adminis trato'i Will agree to a reorganization of 'he Legislature on the basis of the original parish returns without regard to the protest which Packard is under atoo; to have made against such action. The delay of Plnohbaok's hegira with a"ti . colored members from Packard tor i hos.' Legislature disa.points the raised at the White House. .h " d*sLent and Cabinet believe that it this old be accomplished, giving liahclls' Legislature a quorum of the Returning Board members, the whole trouble could be adjusted upon that ~b sth , sad no further effort to fuse the two Leg2islature need be made. Pinch's miovemsent is anxiously awaited at the ~W bie House, and those who go with U wll earn the lively gratitude of the .TRUCK A SNAG. Sklltrgr.f the Steamer Fannie Moore 1eo Lives Lost. Pias BDLrr, Ark., April 12. SLL J. L Maege to.: The Fannie Moore struck a snag and steak at Sarassa, forty miles below here, yesterday afternoon. No lives lost. ALax. Youso. . accas caa.L. u. , s la . m's Faeedom Nweal a questiem It T1--A Netafe srnemes el Tre p WOsm boe etearee. s metssal Paek. ama me Tr eeps . n be sparse. I xev. . April 1a.--Te lull in eontitues w all lattson l. . Is belese at ti Mone inforoements of trops in Louisina to sustain Packard. The troops cannot be spared. The happy results following the en forcement of the policy in South Caro lina have greatly strengthened the Ad ministration, and the enforcement in Louisiana is a question of a very few days. TaB WATIONAL aPUtILICAN. It Thikse that the Lenistana Commisslon has ethinaf to do with our Leiisla* tare. WAtsmitaroT April 12.--The Natienal Republican follows up its discussion of the Louisiana Commission. It says that they have no concern with the question of the existence or organiza tlon of the Legislature; that, as agents of the Administration in the interests of peace, they can only deal with the executive department of a State as to its general efficiency; that they are bound, in going into the limits of the State, to recognize as the government thereof the agency which affords them protection and administers the laws. FORIEIG. TEB EASTBRN QUSITION. A n Attempt to be adse to Coreree Turkey iate Aeoep'ling the PProtoel. LonDOI, April 12.-The Standard's Vienna dispatch reports that the Rus sian Ambassadors will receive instruc tions to make known to the govern. ments to which are accredited that Russia interprets the protocol, under the present circumstances as binding the signataries to consider immediately those common steps for which the pro tocol fixed no time. The Russian diplomatists anticipate that Turkey's refusal will provoke action on the part of all the six powers. The Standard's Berlin correspondent telegraphs that Russia contemplates sending a categorical summons to Con stantinople demanding a decisive reply in three days. Count Andrassy is making the utmost exertions to induce the Porte to yield. Press Opinions eo the Sl itloes. LoaDON, April 12.-The Post, speaking of the meaning of the Turkish circular, says: In a word, the Ottoman Govern ment is prepared to face the peril of a war rather than submit beforehand to ifforms which it considers could onjy be imposed upon a vanquished notion, after great reverses in the field. The limes. in a leading editorial says: The news from'Turkey would be grave if we believe Russia eager to pre cipitate war, but happily there is no need to have such a conclusion. Diplo macy has not said its last word. t ONT SNEGBO'S DBsIAND. Their Refusal Mleans War. CoqsvTAtwrnToLE, April 12.-The Turk ish Senate has not confirmed the Depu ties' rejection of Montenegro's demand, but decided to leave the question to the government. Safvet Pasha was present in the Cham ber of Deputies when the Montenegrin r proposals were rejected. He was asked whether their rejection would cause war, and replied it probably would, though he was not certain. THE CUBAN RElIBLLION. Trouble Brewing Between Germans and the Spanish Authorities. HAVANA, April 6.-Per mail to New York.--The cane fields on three planta tions near Sagua have been partly burned by the insurgents. Losses put at a thousand hogsheads. Nineteen German merchants of Havana were recently embargoed for their refusal to pay the 30 per cent con tribution, and the Voz de (Cuba spoke of their strange behavior in so refusing. The German Consul here has received a communication from the Imperial Gov ernment stating peremptorily that the German residents in Cuba are, accord. lig to treaty, exempt from paying extraordinary contributions. It is said at the same time Gen. Jovellar received i-an order from Spain not to proceed against the German merchants and let the matter rest for a time. "oo.- WUWI55 iaavualIA. The Proposed REforms In the Govern ment. [Courier-Journal. J Before leaving Washington, Gov. Hampton outlined some of the proposed legislation which the South Carolina Legislature will consider after it meets. A uniform tax bill is to be recommend ed; the interest on the State debt is to be paid; a school system is to be estab lished on a liberal basis, and encourage ment is to be given to all manufactur ing enterprises. No interest on the funded State debt has been paid for some time, and in July another semi annual payment is due. The funded debt amounts to about $5,000,000, Chamberlain having repudiated a large amount of the original debt. Nearly $1,000,000 has been taken from the tax payers for school purposes, but there is only about $200,000 worth of school property in existence. Among the swindles of Chamberlain and his crowd was the alleged expendi. ture of $1,000,000 for lands for "the poor black man." A quantity of worthless land was bought and sold to the negroes on time. These negroes have been pay ing for their land for five or six years and have had no title given them, and in the meantime the Republican philan thropists, having paid a mere song for the property pocketed the greater por tion of the $1,000,000, besides bleeding "the poor black man" of his savings, and leaving him in ignorance whether he owns the land or not. The Legisla ture will investigate this subject and endeavor to have justice done these swindled negroes. St. Landry Post Oscees. We have been requested to say to the postmasters in St. Landry parish that the people of that parish complain loudly against the irregularity in the distribution of the newspapers mailed to them from New Orleans. We will be obliged to our friends in St. Landry to report to us any further delinquencies in this respect. Sunday will be s 5- d day for extoatroniste. The steamer James Howard, as may be seen by the otde pubiled elewker, will make an es rsionr to the leties, to be be on Monday mssig. Fius dollars will pay or the mmdd 04d,4 let, noeL. d. The retowned 1tch 1B aSmr vas4is serhesera wIl be there tSudea omes s wmtade sea e ats to the msfate. AN ANSWER . To the Request of the Presidential Conm mission for "A Compaest statement Joaeerning the Alleged Disappear anee of the Kelleolgraekard lu preme Court and the reatilon of the Nicholls supreme eourt." I. The persons claiming to constitute the Kellogg- 1 Packard Supreme rourtt have n, title not depend. eat directly upon title of the Packard government, and especially of the Packard ,enate. Article 76 of the constitution provides that "the Ohief Justice and Associate Justices shall be ap. pointed by the Governor with the advice and con sent of the t seate." The validity of the appoint ment, on the 6th of this month (January), of Chief Justice Luleling and Associate Justices Leonard and King, who claim that they were illegally ejected from the enupreme Court-room, depends upon the legality of the benate at the Sate tiouse, which advised and consented to their ap pointment. A recognition of their titles t'i offiss necessarily involves a recognition of the General Assembly at the State-House. Conceding that Gov. Kellogg, who signed their commissioi e, was the lawful Exeoutive, still the appoin ment was invalid if the uenae was illeBg, becase by the express provisions of art.ele i5 of the constitu itin the advio~ and Ounient of the Senate were essential, and the want of authority in the Ben ate advising and consenting to said appointments invalidated it. It is claimed, however, that if the said appolutment was invalid, th, se judges had authority, under article 122 of the constitution, to retain possession of the court-rot m and dis oharge their official duties. The answer to this is twofold : 1. Having accepted the appointment of the 6th of January, 1877, and qualified thereunder, they abandoned any other right to offie. On this point we refer to the certifoate of the minutoe lerk of the Supreme Court, herewith filed, and to the authorities cited in the brief flied by Messrs. Semmes, Campbell & Miller. See exhibit ''A." 2 Assuming that the judge, holding over had authority under article 122 of the constitution to set up an adverse claim to the possession of the court-room, such claim has not been made by a quorum of the members holding over under said article. Justice King held no title to office under ar ticle 122 of the constitution. His sole right to office depends upon his ap pointment of 6th January, 1877, the validity of which depends upon the legality of the Senate at the late-H ause, which advised and consented to said appointment; without him there were only two jadges-not a quorum. His pretenaed ap.ointment of the 20th Decem ber, 1876, vice Justice Wyly, was a nu.hty, there being no vacancy in the meaning of article 01 of the constitution, and the Governor being without authority to Issue the commission under which he qualified on 281 December, 1878. Justice Wyly sat during the week ending on 23d Decem ber, 1876, and when the coert adjourned that day, it adjourned ti meet sgain on the thb of January, 1877; at which time, neither he nor Jus tioes Howell and Morgan, constituting a quonUM, appeared and set up any demand for the posses sion of the court-toom, and to this day, so far as advised, they have made no complaint on ao count of the oo upation of the court-room by the appointees of Gov. Nicholls. As before remarked, the Chief Justice and Associate Juasices, by article 75 of the constitu tion, on only be appointed by the Governor with the advice and consent of the Senate. A com misslion cannot issue under said article until the advioe and c3nsent of the Senate are obtained; and such a reo.t iso usually contained in the commission. The term of office is for eight years, but Article 122 of the constitution provides that "all officers bhall continue to discharge the duties of their offices until their successors shall have been in ducted into office." Article 8t of the constitution provid.e that "the Governor shall have power to fill all vacancies tetat may happen during the recess oi the Senate, by granutig commissions which shall expire at he end of the next serston there of, unless otherwise provided for by this constitu tion. The evident object of this article 61 was to pro vide agaiest vsacnuocl in offices of the State ur ng the recess of the Senate; that is, to protect the state against the possibility of having no oil. cere to administer government during the re cess of the Senate, as might occur by deetb, resignation or removel. The appointment under this article is temporary merely, and is only made where an unexp~;oted event or exigency has hap pened. Au appointment, however, under article 75, is permanent, usual and expected in the ordinary course of things. When the constiluuion says that "all officers shall contanue to dilsctrge the duties of their offices until their sucrsesoits shall have been in duoted into office," it means (when considered in reference to the appointment of Judges of the Supreme Court..) "sucoEsstoas" who shail hare been permanently appointed under article 75, anti not judges temporarily under article 61. It refers to the usual or normal condition of things, and not to the unusual or abformal. Justice Wyly's term of office had expired, and his sucoessor could have been regularly appoint ed under article 75 but as he continued to dis charge the duties of his office under article 122, there was no vacancy, in the sense of article 61 Sof the constitution, requiring a temporary ap pointment by the Governor. The constitution contemplates a permanent and not a temporary sucOession for a J dge holding over under article 122. The term of all the district judges expired on r the day of election, ovember 7, yet the Gon ernor could not appoint Justice King, vice Justice SWyly, on 2O0th December last, because the consti tution requires a permanent and not a temporary suooessor for ajudge holding over and discharging the duties of his ofice, under artcl 122 of the SMtco nstr.U. The views expressed herein are sustained by Judge Stery, in his treatise on the Conetitution of the United States, which contains similar pro visions to out constitution, in reference to ap pointments by the executive. The Constitution says: " The President shall have power to ll vacancles that may happen during the recess of the Senate, by granting commissions that shall expire at the end of their next session." Judge Story say,, paragraph 1557, the propriety of this grant is so obvious that it can require no elucidation. There was but one of two courses to be adopted: either the Senate should be perpetually in session, in order to pro vide for the appointment of omoere, or that the President should be authorized to make tempo rary appointments during the recess, wnach should expire when the Senate should have an opportunity to act on the subject. The former course would have been at once burthensome to the Senate, and expensive to the public. The latter combined convenience, promptitude of action and general security. Paragraph 1M58 says: "The appointments so made, by the very language of the Constitution, expire at the next seosion of the Senate, and the commassione given by him have the same dare tion. When the Senate is assembled, if the Presi dent nominates the same officer to the office, this is, to alt intents and purposes, a new nomination, and if approved by the Senate, his appointment es a new ap.ointment, and not a mere continua. tion of the old appointment." Pat agraph 155sy usa : " The langage of the clause is that the President shall have power to dll up vacancies that may happen during the recess of the Senate." By vacancies, they understood to be meant va eanies occurring from death, resignation, pro motion and removal. The word " na had relation to some easualty not provided tlr by law. From the foregoing, it follows 1. That there were no judge of ihe upreme Couart r aldy appaited io iv e on. ui der srtcls 61 a[ the coestituutio - L ise to hold otenser u ewebW and King, who met in the Suprete Court room on Janunry 9 1877, acted, and claimed to act, only uander the sappointmaent of Jsausf r , 877, made to and confirmed by the Pek-. rd Senate; which appontment conferred no semblance of title unless confirmed by a valid Senate; and that their title, therefore, depends exclusively upon the title of that body. Let as now, therefore, examine that question: II. The constitutional mode of eleoting and aser taning results of election of Governor and Imeim bert of the general Asembl, and the constitution at mode of organizing tie t ustes of the General 4.sembly. The questions involved under this head have been eabaus ively considered in the brief of Messrs. Semmene Campbell and Miller, to which we refer as establishing conclusively: 1. That the constitution of 'he State impera tively squires the returns of the elections ef all nemmses of the General Assembly, and for Go. ernor and Lieutenant *overnor, to be made dreetly to the Secretary of State, by the proper returning officer; 2. 'T'ha the returns referred to are the original returns of the election; 8. That toe Secretary of State is required to transmit these returns to the General Assembly; 4, That the persons prima faooe entitled to seats in either House ore those who appear from thee rturns to have been elected, subject only to the constituttonal right of each House to be the judge tf the qualifoations, election and returns of its members; 8. that these persons have the right to organ ize the two houses; 0. That the 'members of the General Assem bly," so composed and organized, are required to " examine and aount the vote." for Governor and Lieutenaut Governor; and the con,titution re quires them to declare elected the persons "haV uig the greatest number of votes polted" for the respective offioes of Governor and Lieutenant Governor. 7. That the provilions of the election law con stituting the Returning Board, and empowering it to intercept tue returns of elections of members of the General Assembly, Governor and Lieuten ant Governor, nad to alter and suppress them and to prevent th m from going to the Secretsry of State, and to substitute in lie thereof their own compilation of the results of these returns, aud directing the Scoretary of State to trassmit to the Clerk of the House and Seeretary of the Senate a list of names of such persons as the Returning Board shall declare elected to either b anch of the General Assembly; and requiring said Clerk and Secretary to place these names upon the rolls of the House and the Senate; and directing that these persons, and none other shall ue competent to organize the Houe* and Senate-are grossly uneonstitutional. We fled nothing to add to the unanswerable argument of these eminent gentlemen; except to infurce their position that the "re turns " referred to in the constitution and required to be sent to the Secretary of State, are the original returns of the election. Why are the reoorts of the results of eleetions called "re turns?' It is beosause elections are generally held u der writs of election. Buch writsare used in thiseB.ate in all special elections. See Revised 8tatutsHe, art. 1418; though in the general else tions )he proclamation of the Governor is, for o.,nvenience, substituted therefor. What is a writ? It is a precept issued in the name of the State, directed to some officer lawfully authorized to execute the same. See Bouvier and Burrill. What is a return? It is the a-count made by the officer to whom a writ is directed of the man ner it whin=o he has exeonted it. (See Bouvier, cerbo "Return of Writs). Now, to whom are wijts of election addressed in this ttatt? Not tothe Returning Board. They have nothing whatever to do with the holding of ecections. How, then, can they make a "return" of the manner in watch they have executed a writ, not addressed to them, and under which they have done nothing. 'The writeo election is addressed to the eupervisors of reg stration in the d ifereut oarlshes. Rev. Stat. 1418. They execute the writ to the manner directed by law. they make returns. These are the only "re turns" properly so called, and they are "'returns" which the constitution requires to be made to the Secretary or State. This view is strobhly confirmed by the feet that the provisions of our present constitution were substantially embodied in our prevtous oonstitu tie s ef 1884, 1856 and 1845, and it had been the continuous and universal practice under them to send to the Secretary of State the o iginsl re turns of election for these officers, whence results the powertul inference that the framers of our present constitution used this language in the sense settled by long practice and usage. III. The Constitution and Organization of the Packard enale. We contend, therefore, that the validity of the constitution and organization of the Packard Senate must be tested by the constitution, and not by the provisions of unCoostitutional laws. The Senate of Louisiana, like the Set ate of the United States, is a continuous body. Its memr bers are elected for four years, and one hlf of them always hold over. On the first Monday in January, when the Senate was called to order, there were seventeen holding over members, who, at that momely, constituted the Senate. It has been the uniform custom in this State, even since the adoption of the unoonsti utlonal section 44 of the election law of 1872, for holding over members to be firet called to order, and to have their names called. Then some one of them has usually moved that the list of new members should be called and that they should be sworn in. See J,,urnals. It is, therefore, of importance to note that when the Packard Senate was called to order, only eight of the holding-over-ones were present, while nine, or a majority of the whole, were at the same moment organizing the Nicholl's Sen ate. Which at that moment, was the true Sen ate--the majority or the minority of the then Senators? It is next to be observel that when th list of new Senators made up by the Returning ooard was called, only eleven answered to their ames, making with the eight, a bare quorum f nine ena, ft any one of these werq not enti ,,d to a seat, there wa* no quoruam, and conseq 'itly no Senate capable of traneacting business, ow, in point of fact, there were three of these "enatore who had not a shadow of a title to their erats ex cept the ipse diz. of the Retaurnng Boord. v'z: Weber, Hamlet and Blunt. It appears f. om the eriginal returns of the offoere who held Ihe eleo tion that the votes east in their respecti e Bena terial Districts were as follows: TWELFTR BExEATOIAL DISTBICT. E. L. W eber............................... 2718 L. G. Perkins .......................... 4085 EIXOTEENTH SENATORIAL DISTRICT. George B. Hamlet ........................ 1049 T. E. Meredith............................ 24 5 TWENTF SECOND SENATORIAL DIBTRITr. G. W. Sandiford......................... 4390 Baford Blunt .............................. 8848 We have shown that these returns, made by Bepublican supervisors, should have been sent to the Secretary of State, and by him transmitted to the Secretary of the Benate, and that they should have determined the prima facie right of the opponents of Weber, Hamlet and Blunt to take their seats, subject to contest, and that the latter could have no possible right to be sworn in or participate in the organization of the senate. This being true, the Packard benate had not, and never has had, a quorum. The re.urne from these districts underwent a strange transformation in the hands of the Re turning Board. In the Eighteenth Senatorial District, omprising the parishes of Casdwell and Ouachit, they pprsd the returns from nine polls, all giin Democratc majorities and al though, acooardhg to their statement, it left Ham let wih only 988 votes cetof 8814 votes ast, they declare him eleted. In the twelfth Sesaterisi Distrit, comprising the parishest of Peinte oupee al East na West Pehfiaa, they uppresse th retrn fm to the sW5r $1so S ts joritles, although by their statement, he re o 0ved only 8041 votes out of a total of 8224 votes ocat. We conclude, therefore that these three per sons were never elected tIenators; did not appear to be elected upon the face of the returns, weloh the constitution designates as the only prima foale evidence of election ; had no right to qualfy or act as Senators; and that therefore, the Pack ard Senate never, at any time, had more than sixteen duly elected and qualified Senators, which it three less than a quorum. This number has since been reducoed to thirteen by the defection of Messrs. Wheeler, Breaux and Hame't. That body, therefore, had no power to transeat bai neas or confirm nominations for the Supreme Oonrt, and the pretended confirmation of the Kellogg supreme judges was an absolute nullity. IV. The (Onstitidion and Organisation qf lthe Ni4olwls berate. When the Niobolls Senate was organized, there were present nine holding over members, being amajority of the Senate as at that moment com posed. 'ihere also appeared and qualifed eleven other Slenators, of whom eight were elected be. yond dispate and the other three were Perkins, Mbredith andt8anditord, the opponents of Weber, Hamlet and Blnut; and we have just shown that they received a majority of the votes east and returned, and had the constitutional evi dence of their right to qualify and eit as Senators. This, therefore, wee, from the beginning, a le gal Senate, with a quorum for the tranesaction of busine s. Sinoe ire organieation it has received the a.cession of Messrs. Wheeler and B easx aud Allain, who are still acting with it, giving it a quo rum even of .embere declared ,leoted by the ie turning Board itseif. Mr. Hamlet also deserted the Returning Board Legislature and resigned all olaims to the tienatorship, leaving the vacancy oooosioned by the death of his opp sneut, Senator Meredith, to be filed by an election, which has been duly held. Thus, this senate has always been a legal Sen ate, with a full quorum of duly elected and d qual ified members. V. The Title of Governor Niclholls On the face of the returns Governor Nichbolls received 81,487 votes ; Mr. Packard received 76,477. The constitution requires that these re turns "shall be sealed up and transmitted by the proper returning officer to the Secretary of State, who shall deliver them to the peaker of the House of Representatives." The "proper return nlug ooficers" an the Secretary of State failed to perform these duties, but that could not defeat the election, and the General Assembly had the right to ascertain what these returns actually were, as it has done, and to perform its coneti tutional duty of aseortaining and declaring the result of the election. The constitution further declares that "the person having the greatest number of votes for eovernor shall be declared duly elected. The person having the greatest num ber of votes polled forLieutenant Governor shall be Lieutenant Governor." The last clause ex plains and fixes the meaning of the first, and ehows conclusively that the question must be determined according to the number of volts polled. Gov. Nicholls had the greatest number of "votes polkd," and nobody else could be constitutionally declared elected It is objected to the title of Gov. Nicholls, that the House of Representatives, which participated in the counting of the votes and the declaring him elected, contained but sixty members elected on the face of the original returns, being just one half of all the members, and therefore not a majority or a quorum. To this objection we answer: 1. If it have any ferce, it is equally applica F ble to the Packard House, which was in the same predicament. 2 the constitatitn, ardiole 48, provides, that " The members of tie General Assembly shall meet in the House of lIepresentaittve to examine Sand count the votes." This provision does not require that the meet Snlg shall comprise a quorum m each House. It bl sufficient if there be ,reosent a majority of the members of the General Assembly. There was present soon a majority of elected members at the counting of the votes in the Nicholls Assem bly; and there was not such a majority present at the counting in of Packard. 8. Even if this were an original defect in the proceeding, it was cured by the aeoess:on of Mesers. Kennedy and Eetopinal, who made up a thoroughly legal BHosa which recognized Gov. Nicholls, partoiipated in his inauguration and was acting as part of the General Assembly at r the moment when the Nicholls nupreme Oourt was nominated and confrmed. The Packard case presents none of these features. VI. The Nichols ,Supreme Court. Thus we show that the Nicholls Pupreme Court was appointed by a Governor elected by a large majority, declared elected and recognized by a legal General Assembly; and was confirmed by legal senate. Toa annexed exhibits show that this court has been in actual possession of the courrnroom and archives, and in the free exer cise of all the functions of the court for more than three months. VII. The Packard Supreme Court. If we have tailed to account for the " disap pearanoe" of this court, it is only because we have shown that it never "appeared," because it never had any existence. Inasmuch as the Nicholls court is in possession, the Packard court, to succeed in ousting it, mast rely on the strength of its own title and not on the weakness ef the other. It has no ttle, because clearly never con firmed by a legal Senate. In conclusion, we call attention to the faeet that the title of the Nicholls court and government rests upon constitutional grounds entirely inde dependent of those underlying the deltsion of the Electoral Commission with regard to the constitutionality of the Beturning Board law as applied to returns of election for Presidential Electore. Bespectfully submitted, CaAs. E. Fzu.sa, Jotx B. Nsw. W. G. WYIr Sub-momittee. EXHIBIT "A." I the undersigned, Thomas McCabe Hyman do hereby certify that I am the Minute Clerk o the BuSreme Court of the State of Louisiana, presided over by Chief Justice Thomas O. Man ning. I was also Minute Clerk of the late Sn prme Court, and was acteng In that capaity on the 9th day of January, 1877. On that day the late Chief Justice, John T. Ludeling. anti Assootate Justice Leonard and John E. KISg, Esq., apneared its the court-room and took their seats upon the bench, when the Chief Justoe directed the Sheriff to open court; whereoupon John L. Lewis the deputy of Thomas H. Handy, Civil Sheriff oi the parish of Orleans, actLng as Sneriff of the court, informed him that he had been instrueted by the Civil Sheriff not to recog nise their honors as constituting the Supreme Court of the State of Louiselo . They then ordered Thos. . Handy, Civil Sheriff, to be ue pended from oe for contempt, and appointed Alfred Bourges, Esq., Civil Sherif pro tempore. Alfred Bourgee, Esq., then appeared, took the oath of osiee and opened the court. It was then ordered that the commsionue of John T. Ludeling, as Chief Justiee, and J. Edwards Leonard and John E. King, as assoiate Justices, be spread on the minutes of the court. The commliarion of John E. Kina, Esq., bearing dat January 6th, 1877, wasee hnded to me at the time and upon my askia for the commiseen oa Judges LudeAg and Leonard, they informed me they wouldsendthem to me in time for record in the minutes of that day. After makling sun dr e in several carne, an order was made aourning the eourt to Wednesday, January 0lis 1877, and th y left the eourt-room, . brt therfter Otl J0stlJee Manln end Aesneeel predb the eewawreostok their mibupne smd si sslose the p b e Gor h a eesj1S*1eS0 en ;dbl~ EXHIBIT "B." E rnaxaM CoUT, ,8 STAT o LouttrAN,? New Orleans, April 11th, 1877. I hereby certify that the followina entries a pear in the regular Minute Book of this c ru containing an account of the proceedo.tge of court. Page 99. Saturday, December 28rd, 1876, The court was duly opened* present their Honors: John T. Imdeing tble/Justioe; BRufa K. H.well, Wm. G. Wyly, Phitp H. Morgan sa J. Euwards Leonard. Associate Jasitese. His Honor, Justlie Wyly, pronounced the judeg mert and deoree of the court in the following oases: tTATE O LOIDt1IANA X ItEL. A. L . A OII.OIAN 5408. vs. TEl JUDOE OF THr s ooniD DIs5TIOT OOUT, PlA.su OF onELlAS. On application for writs of mandamus and pro. hibitt n. It is ordered that the mandamus heroin he made peremptory. PETfl OALLAORltR 0488. vs. TEE SOUTHWrrn r stro. h io IO ASeoCIATION, ST A,. On appeal from the Fifth District Court for the parish of Orleans. It is ordered that the judgment herein bhe amended so far as it relates to appellant. and that plaintiff's demand as to thie defendant be rejes t ed, withl costs of both courts. OIeT r ATVaNt0'0 8482. vs. NtEW ORLBEANS, T. LOUIS A (cHIAGOO IAILSOAiD 00. On appeal from the Superior District Ootrt for the parish of Orleans. The motion to dismiss the appeal is denied. Page 101. Adjourned to Tuesday, January 9;h, 1877, at 11 o'oiook a. m. Page 10. Tuesday, January 9th, 1877. The court was duly opened; preent theti Honors: Thomas C. Manning, Chief Jn ties; Robert H. Marr. Aloibiade DeBIano, Willisam . 8pencer, and William B. Egan, Assooiate Justices. It was ordered by the Court, that the oomplllis luon of their Honors, the Judges present, ble spread upon the minutes of the a ,urt. Given under my hand and seal of the court, at t the city of New Orleans, this 11th day of Arll, 1878. ALFrra ROMAN, Oler . EXHIBIT " ." I uSc'amv CotnT or Lotsotl , wA New Orleans, April 9th, 1877. 1. I hereby certify that the number of ases that have been heard by the present court (t on brief or oral argument) since its intaetL including all submitted to it, amounte to... . 2. And from tie following parishes: Orleans ............182 Jefferson........... It. Charles......... 4 6t. James........... Terrebonne......... 4 Lafourche.......... Asension......... 1 Tenses............. . Iberville............ 6 Pointe Coopee...... Avoyselles .......... IS apideso........... ; ast Baton Rouge ..8 Grant.............. Weastelicians...... 1 Carroll.......... g Nahtohtoobes...... 2 West Baton Rouge.., tt. Helens........ 8 t. Tammany....... East Feliciana...... 1 Madiso........... Total.............. .... .... ....... *.l 3. The number of judgments that have ..be rendered by the present court, including thogl dism.seed without opinion read, amount to...tM 4. The number of writs of mandamus, pro.ibib lion and certiorari, addressed to lower cottft amount to ........................ ...... J To the parish of Orleans ................... To the parish of Madison ................... To the parish of Carroll ........ ........ 5. These writs were all obeyed. 6. The number of appeals filed since the La. etellation of the present court ammunt to 114. 7. And from the fullowing parishes: Orleans ..............02 Madit.n ........... t Lfouurhe.......... 6 Grant............. a Terrebonne.......... 1 Croll ............ . St. Charles........... Wese ilesaua.. 2..1 Jefferson ...... .....1 Natchitoches........ Tenses .............. West. Baton Rouge.. Pointe Coupee,...... 1 t. Heles......... e Avoyelles............. St. Tammany.... j.. i Bap£bes ......... ... 4 Ibervilie ............. ·, E Batonahouge.... 7 ]Easut Feliaeas....... 1i t Total.... ................... .. 1i t Appeals from the following parishes are !sl! t returnable to the Bupreme Court at Opelo.we 2 via: St. Mary, Iberia, St. Martin, St. Landry, Lp. fayette, Vermilion, Oalasien. Appeale from the following parishes are masd returnable at Monroe, via : Gaddo, Claiborne, Blenville' Jackson, 1ni'i,. Morehouse, Onuachita, Richland, Franklina, OS e well, Catahoula a Appeals from all the other parishes is the Otli a are returnable at New O, leans, t ArxnaD RoMxA, Olet. The Proper Cumpromtse. ituw Onmras. , April 12., 111.~ FRdor Democrat-Every day we her on the streets the atxious question naked. "W 1, hot about the plitial situation ?" and the ans.w is nvariably "No romprornie." Now, as .On who Is most enmphatirally is lavr of eomprd. mite. I desire, o a Igood Democra t and n& trlotle ,ltlzen, both of Louisiana and of United HtatLs, to give the deflnition of the romise I desire with every honest man in t.h State. I am in favor of President Hayes' "Son era poliuit," as enunciated in his inaugural ddwtn at .t to give toe Statne n the Union er.ry facii ty for establishing prosperity within i, bounse, and espeoiatl to the Southern i Now, I take it as a fair propsmtlon that ana is, perhaps, more interestedn in ar out this doctrine than any other on the can continent. If this be true, and the dent is in earnest in what he sayr , already begun to tarry out, then it is our duta as men. as patriots as citizens of this wealth, to render him every assistance o power, if this be true. which no sane man wll if he have a spark of honesty in his eom tlon, then we must at cen send sun(ie . jtm o' men to the Senathe of the United Stats e be of assistance to him. Let sm sendl l.e ., and what is the result? The prineip es o Republican party the South and this are to repress and destroy-. n other wor , defeat the ayes policy in the ISou, a..d .' sooner would stcha man be in washtIni than he would array himself against Mr. i.!ey - and his Southern policy, and unite his eefo with Morton and Blaine. the mat vo o po.ers of the outhern policy of the There is not a e Iteublican in thi coulde bto tusted to turn Sport r. Hayes r after reshin lngton and subjeeting hmewlif to his party Naturally he is opposed to the pros perity Soath-to the interest of the n.ou ea.n and the beneficent oliy of the PresipL Democrat, on the other hand mrut actin the interestof his seton. ad in so endorses and will assist in the teorug GOIJIlete Oetablianment of the Haespt this and other ounthern Stats. am, tI. e a compromiser and OLer the opr conciliation to Mr. Hayes by sending me favor of his policy. aud reprobate ing a epuhiiean. his natural and thereby slap him in the face, anxious to do a bohcan o save us rule of the carl -bggen andther Why rend an enr.ta when wera Why send one he. y everyina in 0tl is l the reltent, when we have thep y send one In whom we haver whom Mr. Eaves e a trust? The ei' tends the hand of trens a weil, l9 and we insult hig in 0 representattve wbh, s t bttery o as to us. send onet sIsonjest friend, and be inswred he wilts b tb president. Iut friend W erat, __ ,_ ... . ._ _ I3ENAK" Dft.- oaet or bsi4e e r at 1K4 t iaes , sa at is I migs4 -