se parishes that was more revolting and barbarous than anything
I could conceive of. It was plain that the returning officers had
the legal right to pass upon and certify, in the first instance,
who were elected members of the legislature, and that they were
justified by the evidence in excluding bulldozed parishes, but it
was equally clear that their return was not conclusive upon the
members elected, and that each house had the constitutional right
to pass upon the returns and elections of its members, and to set
aside the action of the returning board. The two houses, when
organized, had also the power to pass upon the returns of the
election of governor, and they alone and no one else. Neither the
President of the United States nor the returning board has any
power or right to pass upon the election of governor. And here
the difficulty in the Louisiana case commences.
"Governor Packard contends that a majority of the two houses, as
duly returned, did pass upon the election of the governor, and did
return that he was duly elected, but this was stoutly denied by
Governor Nichols. This vital point was strongly asserted and denied
by the adverse parties, and the legislature of Louisiana divided
into two hostile bodies, holding separate session, each asserting
its legal power, and denouncing the other as rebels and traitors.
Governor Packard and his legislature called upon President Grant
for the aid of the army to put down insurrection and domestic
violence; and here I confess that if I had been President, instead
of General Grant, I would have recognized Packard and sustained
him with the full power of the general government. My intense
feeling, caused by the atrocities in Louisiana, may have unduly
influenced me. But General Grant did not think this was his duty.
I do not criticise his action, but only state the facts, He would
only maintain the peace. He would not recognize Packard as governor,
but I know, what is now an open secret, the strong bent of his
mind, and at one time his decision was to withdraw the troops, to
recognize Nichols and thus end this dangerous contest. He did not
do this, but kept the peace.
"But during these two months the whole condition of affairs had
slowly changed in Louisiana. The government of Packard had dwindled
away until it had scarcely a shadow of strength or authority, except
at the state house, where it was upheld by federal bayonets. The
government of Nichols had
|