The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-25
LOUISIANA.

Governor McEnery's Latest Message to
the Peoples observation-disclosures
Alone Has the Power to Determine
Which Government is Legal.
NEW ORLEANS, Jan. "a, 1873.
The following is Governor McEnery's message to
the Senate and House OF Representatives OF the
State of louisiana
The extraordinary decision rendered by O major
ity of the Supreme Court Yesterday in the return
ing board case In my judgment does not affect in
the least degree the great political question in
vOlved in our political troubles and now engaging
the profound attention Of the people Of the United
States. The question Of the solution OF our diff
Guilty has passed beyond the control Of Courts. 1t
Is OF q purely political character, which must be
definitely determined by the political and legisa-
tive department Of the general government.
exercising the political functions Of government.
and it is not competent for any Court either State
or federal. to Determine which is the legitimate
government. That question can alone be deter
mined BY Congress-, and no decision by
Court as to which was or was not q
one or the other of these State govern
ments. The controversy involves the inquiry, now
being vigorously prosecuted by Congress, which
Ii the legal gOvernmentY and whether or not there
IL legal State government In louisiana and
whether there is government, republican In
form, in the state, and which government Is
founded and erected on ofical returns Of the late
election; and these questions alone 1t is cOmpe-
tent Tor Congress to decide, ana until they are
definitely settled by That power there Is no end to
The great case OF Louisiana has passed beyond
the Jurisdiction OF the Courts Under the theory
and practice Of our government In controversy
such we have in Louisiana. no other power can
intervene for the settlement and solution OF our
troubles other than that Of the Congress OF the
United States, which, under the federal cOnstitu-
ton Is bound to guarantee to every State in the
Union government republican In FORM
l therefore reiterate the recommendation con-
tained In my previous message on the assumption
and exercise, as far practicable on our part OF
all the powers Of government
The real question is no. what the Wharton Board
the Lynch Board has declared as the result OF
the election but what the Official returns OF the
election as they came fresh and officially from the
hands of the Commissioners OF Election,
determined in authentic shape, who was
elected and who not elected to
ONCE And this great question Is untouched
by the decision referred to, for 1t was not nor
could be before the Court in the salt between the
two Returning Boards, and as Congress has now
before them these primary and only official evil
dences 81 the election, II Is presumed that Con-
gress, in the due exercise OF its jurisdiction, will
look infinitely and rigidy into those evidences
upon which alone can any legal State govern
ment be established and organized in this
State. In addition to this Court in the State OF
Louisiana or elsewhere can decide upon the quail
fcations Of members OF the Legislature Under
our constitution the Legislature is the sole judge
or the qualifications Olits own members, and any
interference or Intervention by any Court In that
direction is simply sheer usurpau0n.