The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-24


Iron the New Orleans Piosyuns, New. lel
The returns frsm the interior Of the State make
it certain that the new constitution has been a.
septed BY the people by large majority NctwtM-
standing considerable majority Of the people dis
approve of at least Of its provisions, they have
decided to take the whole for the great improve.
ments which 1t contains over the constitution Of
lsl5, depending upon the amending power TO Ger.
rect its faults
The chief ground of objection is the representative
basis and to that the repugnance in this part 81
the State, at least is nearly universal The effort 70
amend II. in this respest, will be made lmmed:seiys
and with good prospect Of success. The majority
for the Constitution in this city We nearly
sixteen hundred votes. but against this clause,
= Wow ssAVa ..ateiy would nave shown mary
'-.ueands. There is, in fact, no difference Of
opinion, and it is evident, that no member can
Who is to
Both parties have agreed upon that. The effort
must be made in the first Legislature, before
the total population basis goes into operation.
TOT nope o. sss new
be taken, as therein provided, and new appor-
made there upon, the representation in both
houses Of the Legislature shall remain as now %.
tablisbed by law II is further provided that the
first enumeration shall be made in the year 1868,
and the apportionment made accordingly at the
next session of the Legislature, which will be in
January, 1854 The clause establishing the s'total
population basis cannot, therefore, go into effeot
Legislature to be elected next month, upon the pre-
cent basis, will have the power to amend the con-
stution, IN oil respects. as provided by the instru
ment itself That question will be made at the
polls, and raised in the Legislature, and believe
with every prospect of success: All the other cham
ges of the constitution take place from the date
the proclamation of the Governor announoingTits
acceptance by the people.
The time prescribed for the return and of the final
counting Of the vote at the seat of government is
limited to the fifth Monday of the present month,
which will be the 10Th. On that day, previously
the returns all received it is made the duty Of
the Governor, Secretary of State, Attorney General
and State Treasurer, to compare the votes and an
nounce the result; upon which the Governor is to
issue his proclamation of the ratification of the
stitution and also directing elections to be held
the fourth Monday thereafter, the 9th day of De-
cember next, for all the officers made elective by the
new contribution, except the Judges viz Governor,
Lieutenant Governor, Senator, and Representatives.,
Secretary of State, Attorney General, Treasurer,
and Superintendent of Public Education,
The election for Judges of the Supreme Court
will be held on the first Monday of April next.
There is no doubt whatever about the number Of
representatives which the parish of Orleans is en-
titled to elect in December, bu with regard to the
number Of Senator's to be voted for, there is an
biguity in the wording OF the constitution which is
likely to cause some embarrassment
BY the sixth clause of the eighth article the limits
OF the parish OF Orleans declared to embrace the
whole of Lafaye cite, the fourth district of the
consolidated city. But in apportioning the manner
II 10,
constitution says
Until a new apportonment shall be made according to
the first to be taken under this constitution all
that part Of the city Of New Orleans which comprised
within the former limits of the city of Lafayette shall ucte
for Senator's fem the parish 81 Orleans and from the tenth
representative district and shall elect two out Of the
three representatives now apportoned by law to the
parish of Jefferson.
The question arises, what does this mean! II is
explicit enough that the people of the Fourth dis-
rict shall vote in the parish OF Orleans for Senators
No additional Senator is given by express enact
meDt to the parish of Orleans, and the district of
jefferson and ST Charles is left in possession Of the
right to vote for two Senators. IL contains, with
ont Lafay cite about many hundreds Of voters as
the city of New Orleans contains thousands 1t is
manifest that it not the intention Of the
oD to authorize the voters of Lafay cite to vote in
both districts, to continue two Senators to the
diminished district.
The ineligible purpose was to give the addi-
tional Senator, with the addition voters, TO this
parish, as the additional representatives were
ton of Jefferson This great oversight in
the convention We have alluded to this point
before, suggesting that the difficulty might have
arisen from a typographi sal error on the copy of
the constitution, which idea is supported by the
context for the article in all other points treats
tives If the word $ senators = were changed to
+" representatives" the whole would be clear Two
OF the Jefferson members would be chosen in the
parish Of Orleans and the senatorial districts would
remain unaltsred. But all the copies we have been
able to find, in both languages in the official paper,
in the pamphlet copy published by authority, and
IN the Journals of the Convention, French and Eng
Itch, contain the words that the voters in the
Fourth district of this city shall vote for senator's
from the parish Of New Orleans ".unt the next an
portionment 1t is past our skill to discover So
ution to this knotty point.