Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-01-25
POLITICAL.
The Great Case of Louisiana
Gov. McEnery's View Of the Situation
The state Supreme Court Decision of


! 49, c~tNsO O1 0kAk0 OOuEE UGet81Om u
/ Thursday.
NEW ORLEANS, Jan. 25.-The followin.
Is Gov. McEnery's message:
10 the Senate and House of Representa-
yves OF the State of Louisiana: The extra
ordinary decision rendered by a majority o
the Supreme Court yesterday in the Re
turning Board case, in my judgment doe,
not afiect in the least degree the great DO
hucal question involved in eur politica
troubles, and now engaging the profound
attention OF the people of the United States
Ine question of the solution of our diff.
euty has passed beyond control of the
courts. 1t is OF purely political characta<,
winch must be definitely determined by tie
Pohrlcai and legislative departments Of tie
GENERAL government. TheIe are two State
uovernmenLs ID Louisiana, exercising the
Poltlcsa functions Of government, and it Is
not competent for any court, either State or
federal, to determine which is the legiti-
mate government. That question can
alone be determined by Congress, and no
decision by 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 ;nggEg n2H as sft tb which is the
legal government, and whether or not there
is legal Stale government in Louisiana,
and whether there is q government repub-
hean IN form in the State, and which gov
ernment is founded and erecte on the Off
cid and legal returns of the late election;
and these are questions alone competent
for Congress to decide, and until they are
definitely settled by that power there is no
end TO the contest in this State. The great
case OF Louisiana has passed beyond the
jurisdiction of the courts. Under the theo-
~ and practice of our Government, in
controversy, such as we have in Louisiana,
no power can intervene Or the SET
tlement and solution of our troubles other
than that of the Congress of the United
States, which under the Federal Constitu-
tlon is bound to guarantee to every
State in the Union a government
republican in form. l therefore reiterate
the recommendations contained in my pre-
vious message, of the assumption and ex-
ercise, as far as practicable of our part of
all the powers of government. The real
question is not what the Wharton board or
the Lynch board mas declared as the result
Of the election, but what are the official re-
turns of the election as they came fresh
and officially from the hands of the commits
sioners of election, determining In an au-
thentic and official shape who was elected
and who was not elected to office; and
this great question is untouched by the de-
cisioa referred to, for it was not nor could
be before the court in a suit be-
tween the two returning boards; and
as the Congress has now before |
them this primary and only official evi- |
dence Of the election, it is presumed that |
Congress, in the due exercise of its jurisdic- |
ton, viii look minutely and rigidly into |
hose evidences upoa which alone can any |
legal State government be established and |
organized in this State. In addition to this, |
no court in the State of Louisiana, or else
where, can decide upon the qualifications of |
the members of the Legislature. Under |
our constitution the Legislature is the sole |
udge Of the qualifications of its own mem
Ders, and any interference or Intervention |
0y any court in that direction is simple and |
sheer usurpation. JOHN MCENERY.
Arkansas.
LITTLE Rock, Jan. 24.-In khe Senate a |
oil passed to-day to punish usurpation of |
)ffice, By strict party vote. Tankers-
~ NRNNHAOA OA iAO 4AOeASOJ ouO LIS
sagues whose seats are contested, were |
confirmed in their seats, the
Election Committee reporting that they had
10 legal notice of contest.
bleeding Kansas.
ST. LOUIS, jan GA special To the
Democrat non topeka, Kansas, says the
,rosDeesss for the election of Pomeroy to tbe
5enate are frightening. Judge Lowe it is
'eported viii withdraw from the race in IA
7or of Gov. Harvey, in which case Pome-
'oy's election is claimed as certain, many
men prefsrring him to Har-
7ey. It is also said Logan will Withdraw.
f he does, the Leavenworth delegation will
70 for Pomeroy.
'ue Anthony Indicted by Federal
Grand Jury.
ALBANY, n. Y, Jan. 24.-Indictments
ave been found by the Grand Jury of the
United States District Court, in session
ere, against Susan B. Anthony, and If
cen other ladies, charging them with voting
legally in Rochester. They are to appear
efore the court in that city, in May next.
indictments were also found against the
hree inspectors who received their votes.