The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-01-30
LUCKLESS LOUISIANA.

Governor McEnory's View OF the Sit
.uation.
The Supreme Court of Louisiana having de-
clded against the validity of the law under
which the Warmoth returning board were
constituted, and that the Cuslomhouse board,
comprised OF Lynch, Heron and Longstreet,
are the legal returning board TO determine
the result of the late election In that State,
Governor McEnery, on Saturday last, seut the
following message to the Peoples Leglsla.
ture:
10 the Senate and House of Representatives Of
the State OF Louisiana:
The extraordinary decision rendered by O
majority of the Supreme Court yesterday In
In the returning board case In my Judgment
does not affect In the least degree the great
political question Involved In our political
troubles. and now engaging the protouod
attention OF the people OF the United States.
The question Cf The solution OF our ditf1-
Guilty has passed beyond control of the
courts. 1t Is Of purely political character,
which must be definitely determined by the
political aud legislative departments Of the
General government. There are two State
Guyernmente iD Louisiana, exercising the
political functions of government, and 1t ls
not competent for any court, either State or
Federal, to determine which is the legitimate
government. hat question can alone be
determined by Congress, and no decision by
a court as to which was or was not the legal
returning board, can affect the status of one
or the other Of these State governments.
The controversy involves the inquiry now
being vigorously prosecuted by Congress, as
to which is the legal government, and
whether or not there is legal State gov
In Ia
government republican In form In the State,
and which government is founded and erected
on the official and legal returns OF the laie
election; and these are questions alone COM
pptent iUr Congress to decide, and until they
are definitely settled by that power there Is
no end lO the contest In this State. The great
case of Louisiana has passed Deyond the
smrisdiction of the courts. Under the theory
and sractice OF our government, In contro-
versy, SUCH as we have In Louisiana, no power
can Intervene for the settlement and solution
OF our troubles other than that OF the Con-
gress of the United Stales, which, under the
Federal Constitution, is bound TO guarantee
publican In form. therefore reilerale
The recommendations contained in my
previous message, of the assumption and
exercise, as lar as practicable, OF our parI
of all the powers OF government. The real
question is not what the Wharton Board or
the Lynch Board has declared as tne result Oh
the election, but what are The official returns
or the election as they came fresh aud off,
clally from The hands OF the commissioners ut
election, determining, in an authentic and
official shape, who was elected and who WAS
not elected TO office; and this great question
is untouched by the decision referred to; for 1t
was not nor could be before the court in eull
between the Two returning boards; and as the
Congress has now before them this primary
and only official evidence OF the election, IL Is
of ils Jurisdiction, will look mnutely and rlg-
Idly into those evidences upon which alone
can any legal State Government be establish
ed and organized In this State. In addition to
this, no court in the State OF Louisiana, Or
elsewhere, can decide upon the qualifications
of the members of the Legislature. Under
our constitution the Legislature Ia the sole
Judge of the qualifications OF It's own men,
bers, and any Interference or Intervention
by any court in that direction Is simple aud
sheer usurpatlon. JOHN McENERY.