The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1875-12-22
GOV. McENERY TO SENATOR
Nc MILLEN.
He Accepts His Resignation but Re
flutes His Arguments.
M'MILLAN's SUCCESSOR TO BE APPOINT.
ED AT ONCE.

ED AT ONCE.
NEW ORLEANS, J
Dee. 8, 1851
Hon. w. T.. McMillen, Senator elect OF
Louisiana: 80
DEAR SIR have read, with re
greet, your open letter addressed to
me, through the Associated Press,
dated yesterday, in which you ex-
press the opinion that the struggle
of the people of Louisiana, for the
right of self-government, has been
determined against them, and an
nounce the withdrawal of your Gre
dentiaIs as Senator, and tender to 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 difficulties, you have seriously
erred in the conclusions at which you
have arrived.
You address me as sGovernor
elect Of Louisiana" If I am "Gov-
ernor elect' since 1872, what estops
me as the chosen Executive Of the
State, and vests that right in a usur-
per? The means by which this has
been accomplished are we'll known to
the public, and they never have re.
ceived, and never can receive the APP
proval of the American people
In November, 1872, the government,
of which lam the official head, was
elected by the people of Louisiana.
The result Of the election was legally
ascertained, and declared by the Leg
islature, of which you were amen
Der, and in which there was a quo
rum Of legally elected members in
both branches. Iii January, 1873,
was inauguratctl, and acted us Gov
ernor until was prevented by the
harm Of the Federal Administration,
Hnlawfu!ly exercised against me
1 through the military power of the
nation. The right to act l still as
sert, and that right l cannot and will
not surrender. sel 3.a.ia a43
I You were elected Senator by the
s. Legislature oft'ic State in 1873. II
your credentials were valid then, they
are valid now. In your letter you
Say, "The Senate, to this date, has
: held the question in abeyance. -
Then, why withdraw your credentials
and abandon your trust while the
Senate, the only power competent to
! Judge Of their validity, has never
passed upon them. : s'3 -
But you state, that other and
equally competent parties have, prac.
tically and finally, determined the
Question, and you refer to thf
wheeler adjustment" the resolu
ton Of The Louisiana Legislature &C
quiescing in, but not approving the
acting government Of Mr.. Kellogg
the action Of the last Lower House o
Congress to the same effect, and tt
the seating of Mr.. Morey on the 6tl
inst, upon credentials signed by TIN
person who is acting as Governor o
: Louisiana. In my Judgment, you
Interpretation Of these matters is no
sound. They cannot possibly bea
;, on the issue; of the legality Of tn
State government, because,
q |. The Legislature of Louisiana Q
1875 had no constitutional power t
$ displace a State government, eleete
y by the people in 1872, and inaugurs
e ted in 1873, or to retire its claims, Q
to substitute for it nsurpation.
! 2. That Legislature did not dt
% clare the validity Of the Kellogg go,
e eminent, but merely accepted it a
the acting government until such tim
:. as the Federal Congress, where TIL
: question of its legality was pending
, should settle it.
q 8. Even this resolution of suffer
ance, which expressly acithheM an
e approval of the Kellogg government
II was passed by State Senate {
IS which majority were usurpers, q
e destitute of legal right as Mr.. Ke
logg himself-by the remnant of tn
+ peoples House of Representative
t which House General De Trobrian
1t had expelled in January, 1876, frol
n the legislative halls Of the State, an
composed, not Of representative
,e elected by the people, but of men
le bers selected by the majority of til
IS Wheeler Congressional Committe
) Passed by Legislature thus con
posed, it was signed by the usurp'