New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-02-09
VOLUME XIII.
The vote was taken, and the amendment laid on

suits pending IN the courts Aforesaid at the Le Vi
secession, be carried and settled in the name of
the State and that all DEGREES in favor Of the late
United States be enforced in the name Of the State
of Louisiana. Adopted.
Mr.. Michel offered, as another amendment, still
another additional section, that the clerks of the
courts aforesaid be authorized to devise and use
new SEALS instead of the old ones Of the United
States, upon their official documents.
Mr.. Elgee thought this an unimportant matter to
act upon at present. Final action regarding the
seal of the State or the Southern Confed eracy,
might be such as to render useless soon as
made any seal left to the discretion of clerks of
Courts.
Mr.. Michel maintained that it was quite impor
tant that seal for the State should be affixed to
all documents hereafter emanatng from the Courts
lately under the Jurisdiction of the United States.
Mr.. Elgee thought the Convention might just as
we'll abolish the U. S. postage stamps, or the coin
of the United States, which, as he understood, was
yet being coined after the old fashion at the Mint
in this city.
motion to lay the amendment on the table was
lost and then it was adopted, as the seventh sec
ton of the ordinance.
Mr.. Miles offered still another amendment, as an
additional section, that the Legislature shall have
power to repeal this ordinance whenever the pub
lie good shall require it.' Laid on the table.
Mr.. Bush moved reconsideration of the fifth
section, in order to substitute for the words "tak
ing the appeal, in the proviso, the words ''apply
ing for writ of error or appeal" The reconsid
GRAFTON was had, and the amendment adopted.
Mr.. Semmes moved that the words "dcsirous
of" be inserted next preceding the words subst
tuted on motion of Mr.. Bush. Mr.. Bush accepted
the amendment to his amendment, and it was
adopted.
The ordinance was then, on notion adopted as
whole In its amended and complete form, it
reads as follows:
AN oRDINANCE eoncsrniug the Circuit aud District Courts
OF the United States.
The people of the State of Louisiana in Conven-
ton assembled, do ordain and it is hereby ordained
as follows:
SECTION l. All acts and parts of acts of the Con-
gress of the late United States of America relating
to the organization and jurisdiction Of the Circuit
and District Courts established by said Congress
within the territorial limits of the State of Louis
iana and relating to the administration of justice
in said Courts which were in force in this State at
the time of the separation Of this State from the
said Confederacy are hereby reenacted and de-
cared to be in full force and effect as laws of the
State Of Louisiana, far as the same are not in
consistent with any of the ordinances of this Con-
venton, or incompatible with the sovereignty Of
the State of Louisiana; and all writs and process
from said Courts shall be issued in the name and
by the authority Of the State of Louisiana.
SEC. 2. All offices held within this State, under
and by virtue Of the acts of Congress aforesaid,
shall continue az organized under said acts and
the functions and duties thereof shall be performed
by the respective officers who have had charge Of
the same under the said laws: PROVIDED said Off
shall recognize the sole and exclusive author
ity of the State OF Louisiana, by accepting and
ceVing commissions from the Governor as officers
nf thn ata pf and bV tal- h
| Of office prescribed by the ordinance passed by
this Convention, amending the 90:h article of the
| constitution of this State.
SEC. 3. Should any person in charge of any such
Office refuse to comply with the provso to the fore
going section, the said Office shall be deemed va
cant, and the books records and effects thereof of
| every kind whatsoever thereto appertainng, or in
| any wise belonging, shall be delivered to such
| other person the Governor shall commission to
hold and perform the duties of the said office; and
should any Office heretofore held in this State un
der and by virtue of the laws of the United States
mentioned in the first section of this ordinance, be-
| come vacant from any cause whatsoever the Gov
| ernor shall have authority, and he is hereby di
rected to commission some competent and eXpe
rienced person to perform the duties thereof: Pro-
Utded that all such appointees shall take and sub
scribe the oath prescribed in the second section Of
| this ordinance.
| SEC. 4. All officers commissioned by the Cover
nor, by virtue of this ordinance, shall within
twenty days after the date Of their commission, ex
ecute, in favor of the State of Louisiana, bonds
| analogous to those which have been heretofore
| required to be executed in favor Of the United
States in similar cases and with like security; and
said bonds shall be deposited among the archives
of the State in the Office of the Secretary of State
And all accounts, abstracts, funds vouchers or re-
ports Of any kind whatsoever, required by the laws
of the United States, or by Instructions from the
| Executive Department Of the Government, to be
transmitted to said Government, slal, be transmit
ted at the time prescribed by said laws instruc-
| tions to the Corresponding Executive Department
| of ba nj pf he nj nd
| the State of Louisiana doth hereby guarantee and
indemnify all the officers who comply with the pro-
visions OF this ordinance, against all claims and de-
mands of the United States arising out of such
compliance.
SEC 5. That all SUITS actions or proceedings of
any description whatsoever pending in said courts
at the time the Ordinance of Secession was passed,
shall continue, and be carried on as if no Interrupt
ton to the business of the said courts had taken
place, and i'll all cases pending in the Circuit Court,
| mentioned in the first section Of this Ordinance,
wherein a final Judgment or decree has been or
may be rendered, from which Judgment or decree
| o writ of appeal would lie, under the pro-
visions of the acts hereinbefore described, also
in all in the several courts of this State, from
| the judgments or DEGREES in which writ of error
would lie to the Supreme Court of the United
States under the acts in force, as aforesaid eXecu
ton upon the said judgments or DEGREES shell be
stayed Provided the party desirOus of apply
ing for writ of error appeal, shall, with
i'll ten days, exclusive of Sundays, after the
rendition of the judgment Or passing the decree
complained of, file his petition addressed to the
said court, stating his intention to apply for writ
of error or appeal, as the case may require, to
have the said cause rGoXamined by the court to be
constituted for that purposes and shall within thirty
days after the organization of said court, perfect
his said application; and provided, further, that
the said party shall give bond, with good and
sufficient security conditioned, to perfect and
prosecute said writ of error appeal, with
such other conditions and in such amount as are
prescribed in similar cases by the laws hereby re-
enacted.
SEC g. That all suits and actions pending in the
said Circuit or District Courts, in any Court of
the State heretofore instituted by the United
States, shall be carried on and prosecuted in the
name and for the benefit Of the State Of Louisiana
and all DEGREES and judgments heretofore rem
dered in said Courts in favor of the United States
shall be executed and enforced in the name and
for the benefit Of this State.
Sec. T. That the clerk or clerks to be appointed
under the provisions of this ordinance, shall be
thorized to cause a suitable seal or seals to be
made for the use of said Court or Counts, a full
description whereof shall be recorded in the office
of the Secretary of State.
Concerning Grimes and Offences.
Mr.. Tappan of Orleans, offered the following
ordinance concerning crimes and offences under
the laws of the late United States:
AN ORDINANCE concerning crimes and offences under thu
laws of the late Government Of the United States
The people of the State of louisiana in COnven
ton assembled, do declare and Ordlin and it is