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TEXT OF THE AWard.
State House without exhibitions of vio
tween the State House and the Custom
Representatives. Exciting events were NEW YORK, March 13, 1875. now daily transpiring. On the 1st of JanThe undersigned having been requested uary, 1877, the Legislature organized in the to examine the claims of the persons hereinafter named to seats in the Senate and lence. The Democrats did not unite in the House of Representatives of the State proceedings, but met in a separate buildof Louisiana, and having examined the re-ing, and organized a separate Legislature. turns and the evidence relating to such Telegraphic communication was had beclaims, are of opinion, and do hereby find, House, where was the office of Marshal award and determine, that F. S. Goode is entitled to a seat in the Senate from the Pitkin, who with the aid of the United States troops, was ready for any emergency. Twenty-second Senatorial District; and About noon the Democratic members, acthat J. B. Elam is not entitled to a seat in the Senate from the Eighth Senatorial companied by about 500 persons, called t the State House and demanded adinissieu. District; and that the following named The officer on duty replied that the mempersons are entitled to seats in the House bers could enter, but the crowd could not. of Representatives from the following A formal demand was then made upon named parishes respectively: From the Parish of Assumption, R. R. Beaseley, E. F. X. Dugas; from the Parish of Bienville, James Brice; from the Parish of De Soto, J. S. Scales, Charles Schuler; from the Parish of Jackson, E. Kidd; from the Parish of Rapides, James Jeffries, R. C. Parish of Rapides, James Jeffrics, R. C. Luckett, G. W. Stafford; from the Parish of Terrebone, Edward McCollum, W. II.
Keves; from the Parish of Winn, George
In regard to most of the cases, the
General Badger and other officials, by the spokesman, for the removal of the obstructions, barricades, police, etc., which prevented the ingress of members, which being denied, Col. Bush, in behalf of the crowd, read a formal protest, and the Democrats retired. Gov. Kellogg was presented by a committee with a copy of the protest, and he replied, that as chief magistrate and conservator of the peace of the State, believing that there was danger of the organization of the General Assembly being police force to be stationed in the lower violently interfered with, he had caused a portion of the building; that he had no motive but to preserve the peace; that no member or attache of either house will be United States troops are stationed in the interfered with in any way, and that no capitol building. Clerk Trezevant declined to call the House to order unless the policemen were removed. Upon the refusal to do so, he withdrew, when Louis Sauer, a member, called the roll, and 68 members--a full House being 120—answered to their names. Ex-Gov. Hahn was elected Speaker, receiving 53 votes as against 15 for Ex-Gov. Warmoth.
The Senate was organized by LieutenantGovernor Antoine with 19 present a full Senate being 30-eight of whom held over, and 11 were returned by the Board. Gov. Kellogg's message was presented to each House.
The Democrats organized their Legisla ture in St. Patrick's hall. The Senators were called to order by Senator Ogden. Nineteen Senators, including nine holding over, and four, who were counted out by the board, were present.
This adjustment and award were accepted and observed, until the election in Novem er, 1876, when a controversy arose as to the result, the Republicans claiming the election of Stephen B. Packard as Governor by about 3,500 majority, and a Republican Legislature; and the Democrats claiming the clection of Francis T. Nicholls as Governor, by about 8,000 majority, and a The Democratic members of the House Democratic Legislature. Committees of were called to order by Clerk Trezevant, gentlemen visited New Orleans, by request and 61 answered to their names. Louis of President Grant and of various politi- Bush was elected Speaker.
cal organizations, to witness the count of January 3d-Republican Legislature the votes by the Returning Board. And passed a resolution asking for military proin December, 1876, on the meeting of Con-tection against apprehended Democratic gress, committees of investigation were ap-violence, and it was telegraphed to the pointed by the Senate and by the House of President.
January 8th-Stephen B. Packard took the oath of office as Governor, and C. C. Antoine as Lieutenant-Governor, at the State House at 1:30, in the presence of the Legislature.
January 8-Francis T. Nicholls and L. A. Wiltz to-day took the oath of office of Governor and Lieutenant-Governor, respectively, on the balcony of St. Patrick's Lall.
On Sunday, January 8th, Gov. Kellogg | date to the Secretary of War, conveyed telegraphed to President Grant to the same the assurances that Nicholls had promised the disbandment of his armed forces. It was my understanding, that neither side should be permitted to interfere with the status of the other side. Yet the day after this order was received and the pledge given by Nicholls, a force of several hundred armed White Leaguers repaired to the State Arsenal and took therefrom into their own keeping five pieces of artillery, and a garrison of armed men was placed in and around the Supreme Court Be the 11th of January both parties were building. That on the following day, Janwaiting for the action of the authorities at uary 11, an armed company of the White Washington. Gov. Packard to-day com- League broke into and took possession of missioned A. S. Badger Major-General of the office of the Recorder of Mortgages. the State National Guard, and directed him | * * * In view of all these facts it to organize the first division at once. Two seemed to me that to give the pledge vermembers of the Packard Legislature, Mr. bally asked of me this morning would Barrett, of Rapides, and Mr. Kennedy, of be to sanction revolution, and by acquiesSt. Charles, had withdrawn from that cence give it the force of accomplished body and gone over to the Nicholls Legis- fact, and I therefore declined." lature.
Many telegrams followed between the Messrs. Breux, Barrett, Kennedy, Es- Secretary of War, J. Don. Cameron, Gen'l topival, Wheeler, and Hamlet, elected as Augur and Mr. Packard, the latter daily Republicans, under the advice of Pinch- complaining of new "outrages by the back-a defeated Republican candidate for White League," while the Nicholls govU. S. Senator, left the Packard or Repub-ernment professed to accord rights to all lican, and joined the Nicholls Legislature. On the 15th. Governor Packard, after receiving a copy of the telegram of the President to General Augur, issued a proclamation aimed at the "organized and armed combination and conspiracy of men now offering unlawful and violent resistance to the lawful authority of the State government."
The Nicholls court issued an order to Sherif Handy to provide the means for protecting the court from any violence or intrusion on the part of the adherents of “S. B. Packard, a wicked and shameless impostor."
classes, and to obey the instructions from Washington, to faithfully maintain the status of affairs until decisive action should be taken by the National government. None was taken, President Grant being unwilling to outline a Southern policy for his successor in office.
Election of Hayes and Wheeler. The troubles in the South, and the almost general overthrow of the "carpet bag government," impressed all with the fact that the Presidential election of 1876 would Governor Packard on the 16th, in a let-be exceedingly close and exciting, and the ter to Gen. Augur, acknowledges the re- result confirmed this belief. The Greenceipt of a communication from his aide-backers were the first to meet in National de-camp asking for assurances from him Convention, at Indianapolis, May 17th. that the President's wishes concerning the Peter Cooper of New York was nominated preservation of the present status be re- for President, and Samuel F. Cary of Ohio, spected, and says that the request would for Vice President. have been more appropriate if made immediately after his installation as Governor and before many of the main branches of the Government had been forcibly taken possession of by the opposition. He says: "I had scarcely taken the oath of office when the White League were called to arms; the Court room and the records of the Supreme Court of the State were forcibly taken possession of, and various precinct police-stations were captured in like manner by overwhelming forces. Orders had been issued by the Secretary of War early on that day that all unauthorized armed bodies should desist. A dispatch from yourself of the same
The Republican National Convention met at Cincinnati, June 14th, with James G. Blaine recognized as the leading candidate. Grant had been named for a third term, and there was a belief that his name would be presented. Such was the feeling on this question that the House of Congress and a Republican State Convention in Pennsylvania, had passed resolutions declaring that a third term for President would be a violation of the unwritten law" handed down through the examples of Washington, and Jackson. His name, however, was not then presented. The "unit rule" at this Convention was for the first time resisted, and by the friends of Blaine,
with a view to release from instructions of ting Committee quieted rival claims as to State Conventions some of his friends. South Carolina by agreeing that it had New York had instructed for Conkling, fairly chosen the Republican electors. So and Pennsylvania for Hartranft. In both close was the result that success or failure of these states some delegates had been hinged upon the returns of Florida and chosen by their respective Congressional Louisiana, and for days and weeks conflictdistricts, in advance of any State action, ing stories and claims came from these and these elections were as a rule confirmed States. The Democrats claimed that they by the State bodies. Where they were not, had won on the face of the returns from there were contests, and the right of dis- Louisiana, and that there was no authority trict representation was jeopardized if not to go behind these. The Republicans pubdestroyed by the reinforcement of the licly alleged frauds in nearly all of the unit rule. It was therefore thought to be Southern States; that the colored vote had ' a question of much importance by the war- been violently suppressed in the Gulf ring interests. Hon. Edw. McPherson was States, but they did not formally dispute the temporary Chairman of the Conven- the face of the returns in any State save tion, and he took the earliest opportunity where the returning boards gave them the presented to decide against the binding victory. This doubtful state of affairs inforce of the unit rule, and to assert the lib-duced a number of prominent politicians erty of each delegate to vote as he pleased. of both the great parties to visit the State The Convention sustained the decision on an appeal.
Ballots of the Cincinnati Republican
Ballots, 1 2 3 4 5 6 7
68 102 113 384
Gen. Rutherford B. Hayes, of Ohio, was nominated for President, and Hon. Wm. A. Wheeler, of New York, for Vice President. The Democratic National Convention met at St. Louis, June 28th. Great interest was excited by the attitude of John Kelly, the Tammany leader of New York, who was present and opposed with great bitterness the nomination of Tilden. He afterwards bowed to the will of the majority and supported him. Both the unit and the two-thirds rule were observed in this body, as they have long been by the Democratic party. On the second ballot, Hon. Samuel J. Tilden, of New York, had 535 votes to 203 for all others. His leading competitor was Hon. Thomas A. Hendricks, of Indiana, who was nominated for Vice President.
The Electoral Count,
capitals of South Carolina, Florida and Louisiana to witness the count. Some of these were appointed by President Grant; others by the Democratic National Committee, and both sets were at the time called the "visiting statesmen," a phrase on which the political changes were rung for months and years thereafter.
The electoral votes of Florida were decided by the returning board to be Republican by a majority of 926,-this after throwing out the votes of several districts where fraudulent returns were alleged to be apparent or shown by testimony. The Board was cited before the State Supreme Court, which ordered a count of the face of the returns; a second meeting only led to a second Republican return, and the Republican electors were then declared to have been chosen by a majority of 205, though before this was done, the Electoral College of the State had met and cast their four votes for Hayes and Wheeler. Both parties agreed very closely in their counts, except as to Baker county, from which the Republicans claimed 41 majority, the Democrats 95 majority-the returning board accepting the Republican claim.
In Louisiana the Packard returning board was headed by J. Madison Wells, and this body refused to permit the Democrats to be represented therein. It was in session three weeks, the excitement all the time being at fever heat, and finally made the following average returns: Republican electors, 74,436; Democratic, 70,505; Republican majority, 3,931. McEnery, who claimed to be Governor, gave the Democratic electors a certificate based on an average vote of 83,635 against 75,759, a Democratic majority of 7,876.
The election followed Nov. 7th, 1876, Hayes and Wheeler carrying all of the Northern States except Connecticut, New York, New Jersey and Indiana; Tilden and Hendricks carried all of the Southern had an admitted majority of the popular In Oregon, the three Republican electors States except South Carolina, Florida and vote, but on a claim that one of the number Louisiana. The three last named States was a Federal office-holder and therefore were claimed by the Democrats, but their ineligible, the Democratic Governor gave members of the Congressional Investiga-a certificate to two of the Republican elec
tors, and a Mr. Cronin, Democrat. The without knowing exactly why, to sustain three Republican electors were certified by any action of the Governor with the rethe Secretary of State, who was the can-sources of the State. Secretary Cameron vassing officer by law. This Oregon busi-also sent for Gen'l Sherman, and for a Less led to grave suspicions against Mr. time went on with comprehensive prepaTilden, who was thereafter freely charged rations, which if there had been need for by the Republicans with the use of his completion, would certainly have put a immense private fortune to control the re-speedy check upon the madness of any sult, and thereafter, the New York Tribune, with unexampled enterprise, exposed and reprinted the cipher dispatches" from viramerey, which Mr. Pelton, the nephew and private secretary of Mr. Tilden, had sent to Democratic "visiting statesmen" in the tour disputed sections. In 1878, the Potter Investigating Committee subse quently confirmed the "cipher dispatches" bat Mr. Tilden denied any knowledge of
ob. There is a most interesting unwrit ten history of events then transpiring which no one now living can fully relate without unjustifiable violations of political and personal confidences. But the danger was avoided by the patriotism of prominent members of Congress representing both of the great political parties. These gentlemen held several important and private conferences, and substantially agreed upon a result several days before the exciting The second session of the 44th Congress struggle which followed the introduction met on Dec. 5th, 1876, and while by that of the Electoral Commission Act. The time all knew the dangers of the approach-leaders on the part of the Republicans in ing electoral count, yet neither House these conferences were Conkling, Edmunds, would consent to the revision of the joint Frelinghuysen; on the part of the Demorule regulating the count. The Republicans claimed that the President of the Senate had the sole authority to open and announce the returns in the presence of the two Houses; the Democrats plainly disputed this right, and claimed that the joint body could control the count under the law. Some Democrats went so far as to say that I the House (which was Democratic, with Samuel J. Randall in the Speaker's chair) could for itself decide when the emergency had arrived in which it was to elect a President.
There was grave danger, and it was asserted that the Democrats, fearing the President of the Senate would exercise the power of declaring the result, were preparing first to forcibly and at least with secrecy swear in and inaugurate Tilden. Lir. Watterson, member of the House from 'Kentucky, boasted that he had completed arrangements to have 100,000 men at Washington on inauguration day, to see that Tilden was installed. President Grant and Secretary of War Cameron, thought the condition of affairs critical, and both made active though secret preparations to ure the safe if not the peaceful inauguration of Hayes. Grant, in one of his sententions utterances, said he "would have peace if he had to fight for it." To this end he sent for Gov. Hartranft of Pennsylvania, to know if he could stop any attempted movement of New York troops to Washington, as he had information that the purpose was to forcibly install Tilden. Gov. Hartranft replied that he could do it with the National Guard and the Grand Army of the Republic. He was told to return to Harrisburg and prepare for such an emergency. This he did, and as the Legislature was then in session, a Republican caucus was called, and it resolved,
crats Bayard, Gordon, Randall and Hewitt, the latter a member of the House and Chairman of the National Democratic Committee.
The Electoral Commission Act, the basis of agreement, was supported by Conkling in a speech of great power, and of all men engaged in this great work he was at the time most suspected by the Republicans, who feared that his admitted dislike to Hayes would cause him to favor a bill which would secure the return of Tilden, and as both of the gentlemen were New Yorkers, there was for several days grave fears of a combination between the two. The result showed the injustice done, and convinced theretofore doubting Republicans that Conkling, even as a partisan, was faithful and far-seeing. The Electoral Commission measure was a Democratic one, if we are to judge from the character of the votes cast for and against it. In the Senate the vote stood 47 for to 17 against. There were 21 Republicans for it and 16 against, while there were also 26 Democrats for it to only 1 (Eaton) against. In the House much the same proportion was maintained, the bill passing that body by 191 to 86. The following is the text of the
ELECTORAL COMMISSION ACT.
An act to provide for and regulate the counting of votes for President and VicePresident, and the decision of questions arising thereon, for the term commencing March fourth, Anno Domini eighteen hundred and seventy-seven.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Senate and House of Representatives shall meet in the hall of the House of Represen tatives, at the hour of one o'clock post
meridian, on the first Thursday in Febru-all such returns and papers shall thereupon ary, Anno Domini eighteen hundred and be submitted to the judgment and decision seventy-seven; the President of the Senate as to which is the true and lawful electoral shall be their presiding officer. Two tellers vote of such State, of a commission constishall be previously appointed on the part tuted as follows, namely: During the sesof the Senate, and two on the part of the sion of cach House, on the Tuesday next House of Representatives, to whom shall preceding the first Thursday in February, be handed, as they are opened by the Pre-eighteen hundred and seventy-seven, each sident of the Senate, all the certificates, House shall, by viva voce vote, appoint and papers purporting to be certificates, of five of its members, with the five associate the electoral votes, which certificates and justices of the Supreme Court of the United papers shall be opened, presented and States to be ascertained as hereinafter proacted upon in the alphabetical order of the vided, shall constitute a commission for the States, beginning with the letter A; and decision of all questions upon or in respect said tellers having then read the same in of such double returns named in this secpresence and hearing of the two Houses, tion. On the Tuesday next preceding the shall make a list of the votes as they shall first Thursday in February, Anno Domini, appear from the said certificates; and the eighteen hundred and seventy-seven, or as votes having been ascertained and counted soon thereafter as may be, the associate as in this act provided, the result of the justices of the Supreme Court of the United same shall be delivered to the President of States now assigned to the first, third, the Senate, who shall thereupon announce eighth, and ninth circuits shall select, in the state of the vote, and the names of the such manner as a majority of them persons, if any elected, which announce-shall deem fit, another of the associment shall be deemed a sufficient declara- ate justices of said court, which five pertion of the persons elected President and sons shall be members of said commission; Vice-President of the United States, and, and the person longest in commission of together with a list of the votes, be entered said five justices shall be the president of on the journals of the Houses. Upon such said commission. The members of said reading of any such certificate or paper commission shall respectively take and when there shall only be one return from subscribe the following oath: "Ia State, the President of the Senate shall do solemnly swear (or affirm, as the case call for objections, if any. Every objection may be,) that I will impartially examine shall be made in writing, and shall state and consider all questions submitted to the clearly and concisely, and without argu- commission of which I am a member, and ment, the ground thereof, and shall be a true judgment give thereon, agreeably signed by at least one Senator and one to the Constitution and the laws: so help Member of the House of Representatives me God;" which oath shall be filed with before the same shall be received. When the Secretary of the Senate. When the all objections so made to any vote commission shall have been thus organized, or paper from a State shall have been re-it shall not be in the power of either ceived and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State from which but one return has been received shall be rejected, except by the affirmative vote of the two Houses. When the two Houses have votes, they shall immediately again meet, and the presiding officer shall then announce the decision of the question submitted.
SEC. 2. That if more than one return, or paper purporting to be a return from a State, shall have been received by the President of the Senate, purporting to be the certificate of electoral votes given at the last preceding election for President and VicePresident in such State (unless they shall be duplicates of the same return), all such returns and papers shall be opened by him in the presence of the two Houses when met as aforesaid, and read by the tellers, and
House to dissolve the same, or to withdraw any of its members; but if any such Senator or member shall die or become physically unable to perform the duties required by this act, the fact of such death or physical inability shall be by said commission, before it shall proceed further, communicated to the Senate or House of Representatives, as the case may be, which body shall immediately and without debate proceed by viva voce vote to fill the place so vacated, and the person so appointed shall take and subscribe the oath herein before prescribed, and become a member of said commission ; and in likə manner, if any of said justices of the Supreme Court shall die or become physically incapable of performing the duties required by this act, the other of said jus tices, members of the said commission, shall immediately appoint another justice of said court a member of said commission, and in like manner, if any of said justices of the Supreme Court shall die or become physically incapable of performing the duties required by this act, the other of said