Houma Ceres. [volume] (Houma, Parish of Terrebonne, La.) 1855-18??, 1855-08-02
Election for Recorder.

VIII an electiOn Tor the Office OF Re |
corder take place next November! This
is a question frequently proposed, discus
cd and variously answered, even by those
who are competent to Judge. The weight
OF argument seems, however, to prepon.
derate in favor of the negative Of the pro-
position involved in the interroeatory
which heads these remarks. The subject,
which is one Of considerable Importance,
has doubtless occupied the minds of many
OF our readers, and we propose, as briefly
as possible. to set forth our views upon it.
The article lat Of the Constitution Of
1852 contains the following clause: aThe
time of service Of all officers chosen by
the people at the first election under this
constitution shall terminate as though the
eiectionhad been holden on the first Mon.
day Of November. 1851, and they had en-.
tered upon the discharge Of their duties at
the time designated there in."aiu ,ft NJ
1t the present Recorder was chosen bv
the people at the first election under the
Constitution Of 1852, his term Of Office
would clearly cease in November. 1855:
but we contend that he was not. Orr
present Constitution was accepted by the
people in November, 1859; on the fourth
Monday Of December next ensuing. the
State government was. organized by the
election Of members of the General As.
sembly, a Governor, Secretary Of State,
and other ministerial fanctionaries, who
were thus ''chosen by the people at the
hrst election which took place under this
Constitution and accordingly the term
Of service Of members Of the General ,l
Assembly then elected, expired on the first
Monday of November, 1853, and that Of
the Governor, &C., will terminate as soon
as their successors, elected in November.
1855, shall be indicted into Office. f4he
We think that lhe article of. the Consti.
tuition l''d above cited is applicable, and only
applicable tothes public functionaries we
have Just enumerated. Such is the obvi.
Gus and rational Interpretation Of the ex.
preston, "first election under this 'Consti.
tution,' Those who maintain the contra.
ry opinion, assert that it was the intention
OF the authors Of that instrumen: to short
EN- by two years the time Of service fthe
first ra incumbents Of all offices which were
to be filed by the popular election after
e4adoption of the Constitution, unless in
the case of special exceptions to the con.
trary. They argue that the words ..frst
election under this Constitution do not
express the designation Of one specific
tact OF event after the occurrence of which
the ordinary laws regulating official
tenure should 60 into operation, but that
Is general clause referring to the first
election Of each particular officer. This
seems to us a forced construction-one
not necessarily springing from ..the most
known and usual Specification" of the Ian.
guage used. The authors Of our. State
Charter must have been stupendous bun.
a
glers in the use Of language, if they could
not explain their meaning more clearly-if
when they said the first election under
this Constitution" they meant to say the
the, third or fourth election, thus violating
another article Of that sans Constitution,
which provides nat Il shall be published
il the English and French languages, 6r
language which must be perverted in or
der e reveal its import, . neither English
nsf Rssach, and but very poor Dutch. But
~ = Giisfed that our Patres Pa,rinl
=, sch latsa. eien, and tina. the
= ional limila1ien i qnestioa must
bssss eted to thosd Ihandataries,
~ sreiaor, 90 ~ Il he Leyis. |
!. / IS 4 ~ d ], = J. sdi..s slse.1|
- sGe ina.aeanate
kpnses ! - : ~ csas,i-
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s m - i1s'e " 81 s StII; q row ],