LOUISIANA. 



463 



Constitution as the ground upon which the military 

 power of the National Government may be invoked 

 tor the defense of a State. The disputes which ex- 

 ist as to the right of certain claimants to the chief 

 executive office of that State are to be settled and de- 

 termined not bv the Executive of the United States, 

 but by such orderly and peaceable methods as may 

 be provided by the Constitution and laws of the 

 State. 



Having the assurance that no resort to violence is 

 contemplated, but, on the contrary, the disputes in 

 question are to be settled by peaceful methods, un- 

 der and in accordance with law, I deem it proper to 

 take action in accordance with the principles an- 

 nounced when I entered upon the duties of the -Pres- 

 idency. You are therefore directed to see that the 

 proper orders are issued for the removal of said 

 troops, at an early date, from their present position to 

 such regular barracks in the vicinity as may be se- 

 lected for their occupation. R. B. HAYES. 



To Hon. GEORGE W. McCRARY, Secretary of War. 



This was followed by an order to the general 

 of the army, in these words : 



WAR DEPARTMENT, | 

 WASHINGTON CITY, April ZQth. ) 

 General William T. Sherman, Commanding United 

 States Army, 



GENERAL: I have the honor to inclose herewith 

 a copy of a communication from the President of the 

 United States, in which he directs that the detach- 

 ment of United States troops now stationed iri the 

 vicinity of Mechanics Institute, in the city of New 

 Orleans, be withdrawn to such convenient barracks 

 as may be selected for their occupation. You are 

 hereby charged with the execution of this order, 

 and will cause the withdrawal to take place on Tues- 

 day next, 24th dav of April, at 12 o'clock meridian. 

 Very respectfully your obedient servant, 



GEORGE W. McCRARY, 

 Secretary of War. 



General Sherman gave the necessary direc- 

 tions next day to General Sheridan, command- 

 ing the Division of the Missouri, and he issued 

 his order to General Augur, in command at New 

 Orleans. On the 21st of April the Packard 

 Legislature broke up and dispersed. Some of 

 the members took their places in the other 

 body, and others tendered their resignations. 

 After these changes had been effected, there 

 were in the Senate 20 Democrats and 16 Re- 

 publicans, four seats being vacant; and there 

 were present in the House 64 Democrats and 

 42 Republicans. The following statement of 

 the membership of the House was furnished 

 by the Clerk of the Commission : 



Total number of constitutional House 120 



Number returned by the Returning Board 11T 



Number thrown out by the Returning Board 8 



Total 120 



Number of Returning Board members now answering 



roll-call 86 



Returning Board member dead -1 



Number of members elected and not returned by the 



Board, but whoso opponents have withdrawn and c- 



knowledged their claims It 



Number elected and now occupying their seats, but not 



returned by the Board 9 



Number elected and returned, but who have not an- 



wered to the call of the House 18 



Total. 



120 



The report of the commissioners to the 

 President was made on the 21st of April, be- 

 fore they left New Orleans. It was as follows : 



NEW ORLEANS, April 21, 1877. 

 To the President of the United States. 



SIR: In accordance with your request, the under- 

 signed have visited this city and passed the last 16 

 days in ascertaining the political situation in Lou- 

 isiana, and endeavoring to bring about a peaceful 

 solution of its difficulties. In view of the declara- 

 tion in the letter of the Secretary of State, that we 

 should direct our efforts to the end of securing the 

 recognition of a single Legislature, as the depositary 

 of the representative will of the people of Louisiana, 

 leaving, if necessary, to judicial or other constitu- 

 tional arbitrament within the State the question of 

 ultimate right, and in view of your determination to 

 withdraw the troops of the United States to their 

 barracks as soon as it could bo done without endan- 

 gering the peace, we addressed ourselves to the task 

 of securing a common Legislature of undisputed au- 

 thority, competent to compose the existing political 

 contentions, and to preserve peace without any aid 

 from the National Government. To this end we 

 endeavored to assuage the bitterness nnd animosity 

 we found existing on both sides, so as to secure pub- 

 lic opinion less favorable to such concessions as were 

 indispensable to our success in obtaining such a Le- 

 gislature and such general acquiescence in its au- 

 thority as would insure social order. 



We'have had full conferences with the two gentle- 

 men who claim the gubernatorial office, and with 

 many other members of their respective Govern- 

 ments in their Executive, Judicial, and Legislative 

 departments. We have also conversed very frtelv 

 with large delegations of men of business, with 

 many of the District Judges, and with hundreds of 

 prominent citizens of all parties and races, represent- 

 ing not only this city, but almost every parish in the 

 State. We have also received many printed and 

 written statements of fact and legal arguments, and 

 every person with whom we came in contact has 

 shown an earnest desire to give us all possible in- 

 formation bearing upon the unfortunate political di- 

 visions in this State. 



The actual condition of affairs on our arrival in 

 this city may be briefly stated as follows : Governor 

 Packard (we shall speak of both gentlemen by the 

 title they claim) was at the Statt'-Hoube with his Le- 

 gislature and friends, and an armed police force. 

 As there was no quorum in the Senate even upon his 

 own theory of law, his Legislature was necessarily 

 inactive. The Supreme Court, which recognized his 

 authority, had not attempted to transact any busi- 

 ness since it was dispossessed of its court room and 

 custody of its records, on the 9th day of January, 

 1877. He had no organized militia, alleging that h'is 

 deficiency in that respect was owing to his obedience 

 to tho orders of President Grant to take no steps to 

 change the relative position of himself and Governor 

 Nirliolls. His main reliance was upon his alleged 

 legal title, claiming that it was the constitutional 

 duty of the President to recognize it, and to afford 

 him such military assistance as might be necessary 

 to enable him to assert his authority as Governor. 



Governor Nicbolls was occupying the Odd Fel- 

 lows' Hall as a State-House. His Legislature met 

 there, and was actively engaged in the business of 

 legislation. All the departments of the city govern- 

 ment of tho city of New Orleans recognized his au- 

 thority. The Supreme Court nominated by him 

 and confirmed by his Senate was holding daily ses- 

 sions, and had beard about 200 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 expenses of the State 

 Government. Tlio Nicholls Legislature had a quo- 

 rum in the Senate, upon either tho Nicholls or Pack- 

 ard theory of law, and a quorum in the House on tho 

 Nicholls, but not on the Packard theory. The Pack- 

 ard Legislature had a quorum in the House on it* 

 own theory of law, but, as already stated, cot in the 



