The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1873-02-05
Message of Governor McEnery,
New ORLEANS January-.4 1879

Ell NEW ORLEANS January "a, 1873.
il 10 the Senate and House of Represen
p tatives: -s..5. ....,
The extraordinary decision rendere
oy majority of the Supreme Cour
Yesterday in the Returning Board cas-,
IN my judgment does not affect in tn,
) least degree the great political ones
tlon involved in our political troubles
and now engaging the profound atten.
ton of the people of the United States
The question for the solution of on,
great difficulty has passed beyond the
control of courts, and it is of purely
a political character which must be de-
initely determined by the political and
legislative departments of the General
tGovernment. .Hr
There are two State Governments in
Louisiana exercising the political func-
tons of Government and it is not COM
Petent for any court, either State or
Federal, to determine which is the
legitimate government. That question
can alone be dete, mined by Congress.
and no decision BY a court as to which
was or was not legal Returning Board
can effect the status of one or the other
OF these State governments.
The controversy involves the inquiry
now being vigorously prosecuted by
Congress, which is the legal govern
ment, and whether not there is a legal
State Government in Louisiana. and
whether there is government repub.
lIcan in form in the State, and which
government is founded and erected on
the official and legal returns of the
late election; aud these are questions
alone competent for Congress to decide:
and until they are definitely settled by I
that power, there is no end to the con-
test in this State.
The great case of Louisiana has
passed beyond the Jurisdiction of the
courts. Under the theory and prac-
ice of onr Government, in the con.
roversy such as we have in Louisiana
10 other power can intervene for tie
and solution of our troubles
'ther than that of the Congress of the
United States, which under the Feder-
il constitution is bound to guarantee
o every State in the Union a govern
nent republican in form.
| therefore reiterate the recommen.
alton contained in my previous mes
age of assumption and exercise rs far >
practicable on orr part of all the
over of Government. The real cues.
on is not what the Wharton Board
the Lynch Board has declared as the
suit OF the election, but what are the :
ficial returns of the election as thew {
'me fresh and officially from the I
'uds of commissioners of election de- {,
rmIng in an authentic aud official u
'ape who was elected to Office, and !!
is great question is untouched by l.
g decision referred to for it was not u
'r could he before the court in the "
1t between the two returning boards. III
ID as the Congress has now before p
EN- this primary and only official ev. sc SC
ence of the election it is presumed u !!
at Congress; in the due exe,c else of u
jurisdiction will look infinitely and u
,idly into those evidences upon al
hch alone can any legal State gov re
nment be established and organized G" q"
this State. ca
In addition to this no court in the &c
ate OF Louisiana or elsewhere can de-
'e upon the qualifications of the
'mbers of the Legislature. Under =
constitution the Legislature is the
e judge of the qualifications of its q.
n members, and any interference or
ervention by any court in that di. r
ton is simple and sheer usurpation. i
JOHN MCENERY. Co