The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1875-12-19
COY. McENERY'S LETTER TO Nn. Nc.
MILAN.
New ORLEANS, La, Dec. Q, 1876.

/
MILAN.
New ORLEANS, La., Dec. 8, 1876.
Hon. W. l.. McMillen. Senator elect Of Louisiana
Dear Sir have read, with regret.
your open letter addressed to inc.
through the Associated Press, dated
yesterday, In which you express the
opinion that the struggle Of tho people
OF Louisiana. for tho right Of scif.poy.
ernment, has been determined. against
them, and announce the withdrawal of
your credentials IA Senator, and tender
the people Of Louisiana, through me.
the trust committed by them to your
hands.
In my judgment, based upon all That
has occurred since the inception OF our
dihlcultics, you have seriously erred In
the conclusions at which you have ar
riyed.
You address me as "Governor elect
OF Louisiana" II I am "Govcrnor
elect since 1872 what estops mo as the
chosen Executive Of the State and vests
that right In u usurper? The means by
which this has been accomplished are
well known to the public, and they
never have received, and never can re-
fkopie. ' y '''V A'e'"
Ia November. 1872, tho government.
OF which AIN the official head. was
elected by the people of Louisiana. The
result Of tho election was legally ascer-
TUNED, and declared by the Legislature,
or which we were q member, and in
which there was a quorum Of legally
elected members Of both branches. In
January, 1879, | was inaugurated. and
acted as Governor until wns prevented
hy.t kn n RIM ~ Ia, III -, ,tat
unlawfully exercised against me through
the military power Of the nation. The
right TO act still assert, and thnt right
/ cannot and will not surrender
You were elected Senator by the Leg
islaturc Of the State in 1873. If your
credentials were valid then, thcy nre
valid now. In your letter you say. "The
Senate. to this date. has held the ques-
tion In allegiance" Then, why with.
draw your credentials and abandon
your trust while the Senate, the only
power competent To judge Of their va
lidity, has never passed upon them?
But you state that other and equally
competent parties have. practically and
finally, determined the question, aud
you refer tothe Wheeler adjustment"
the resolution OF the Louisiana Legisla-
ture acguiescing In. but not approving
L.
the action OF the last Lower House Of
Congress 10 tho same effect, and to the
seating Of Mr.. Morey, on the eth met.
upon credentials signed by tho person
who ie acting rs Governor of Louisiana.
In my judgment, your Interpretation Of
these matters ls not sound. They can
not possibly bear on the issue Of tho
legality Of the State government, bo-
cDtlsc-
1, The Legislature Of Louisiana Of 1876
had no constitutional power to displace
q state government elected by tho
people In 1872 and inaugurated In 1879,
or TO retire its claims, or TO substitute
for II usurpntion.
G. That Legislature did not declare
tho validity OF the kellogg government
but merely accepted II ne the acting
government until such time MS the Fed.
eral Congress, where the question Of It's
legality was pending, should settlo IT,
. Even this resolution Of suffernnce,
which erpresSM Witbheld any approval
Of the Kellogg government, was passed
by State Senate Of which q majority
wore ueurpers, as destitute OF legal right
ss Mr.. Kellogg himself-by the rem
nnnt Of the peoples House OF Repre-
which House Gen. De
Trobriand had expelled In January,
lNfos buo ltElSluLlfp uullE VI UllS
State, and composed. not OF representa-
tives elected by the people, but of Nom
bers selected by the majority Of tho
Congressional Committee.
Passed by o Legislature thus composed,
\ was signed by the usurper Antoine as
Governor, approved by the
Kellogg as Governor. and pro-
mulgated by the usurping Secretary Of
State.
AT its best, It recognizes the existence
,f de .fdcto. not tho legality Of n dc |
ure government, and was passed, Sign
I'd, approved and promulgated by the
very us,irpors whose legal status you
seem TO think IL recognizes, What pro-
Vision Of our law, State or Federal, con
stituted this usurping government the |
he subversion Of o de jure In favor Of
bastard de fncto government?
It must also be remembered that the |
advocates Of this adjustment declared |
hat II referred solely to tho difficulties |
growing out Of the election OF 1874, and |
lad no reference TO those Of 1879; and, |
)csides, that the Wheeler committee,
n their report To Congress-, declared |
hat they had not investigated the elec-
ion OF 1879, and that their resolution
recognizing Kellogg they based not on
acts or law, but on their surmises and
opinions Of what the people OF Louisi-
ma were willing to accept, and Of which |
hey knew absolutely nothing. II they
1ad sought the desires of tho people, |
hoy could have found ample evidences |
II their stubborn and heroic resistance
% two years Of oppression and wrong,
n the formal resolves Of every parish |
md community In the State, and In
heir Imposing upheaval OF September
a, 1874, which swept away, as with tho
land Of fate, every vestigc OF hated |
As to the action Of Congress, need
lot remind you that the House i'm
coached Judge Durcll because of the
midnight order" and seated Gen.
Sheridan on the official returns, which
evidence my election; that the Senate
las refused to admit Mr.. Pinchback,
las announced that the Kellogg gov
,rnment was not elected, and that the
of the Lynch Returning
Board were false and without the sem
olance OF integrity. Logically and le-
,ally, there is but one conclusion from
he findings and action Of Congress, and
hat is the 0rerthrOW of the usnypdti0n.
In seating Mr. Morey, on the 9Th inst,
he House did not recognize Mr.. kcl.
ogg other than as acting Governor.
They expressly expunged all that would
mply their recognition de jure
I therefore, as Governor elect Of Lou
slana, in the name Of the people, do
loc,r x1,ot THAR rirhf IN vcyorn o,,,