Shreveport semi-weekly news. [volume] (Shreveport, La.) 1865-18??, 1865-09-16
The Case Of Judge Weems.

of Freedmen, to bear the decision Of
that functiorary in his case. already
mentioned in our issue Of Tuesday
morning last. The Judge was re-
leased and acquitted Of any penalty,
on account Of his "spotless record.
eminent legal a,tainments," &c; but
at the same time it vas declared that
he had exceeded his powers. in try
ing the case Of freedman, as all
cases in which that class Of persons
are interested belong exclusively to
the Freednen's Bureau.
This case inv dives great princi-
piles. in which every man, woman,
and child in the State have a deep
and abiding interest; for, if Mr.. Cal
lahan is correct in his decision, We
have no law, outside of limited
circle in the vicinity Of New Orleans,
except the "bavonet in the hands Of
the negro" But have We a Cons;i-
tuition and Government If SO. does
j, embrace the whole State or onl y n
limited part of the Stated
| We shall proceed to answer these
questions as briefly IS possible, pre-
missing that all our arguments arc
based upon the assumption Of the
legality Of Federal action. If Mr..
Lincoln could. by proclamation,
emancipate the slaves of the South,
as measure incident and neces-
sary to the war making power he
could, under this or some other pow
er Of the Constitution, set up govern
ments in the "rcbellious States
whenever one-,enth Of those who
were entitled TO vote before the war,
concurred in the establishment of
such a government.
1t is we'll known to most Of our
readers that, in 1868, we believe,
Mr.. Abraham Lincoln. the then Pres
ident of the United States, did issue
such Proclamation; stating that
whenever ouc-tcnth of those who
were entitled TO vote, in any State,
in the year 1860, agreed to form a
State government, IN any Of the
"rebellious" States, that such a
government should be recognized AS
a legal and valid government. with
all the functions and powers Of an
ordinary State government. The
President and his advisers proceeded
upon the supposition that the great
body Of the people of the South
were still loyal to the Federal Gov
eminent, and, as such, they should
not be deb .rred the privileges and
blessings of civil government one
momentlonger than was absolutely
necessary.
! In pursuance Of this proclamation
the people in that portion of the
State of Louisiana lying within the
Federal lines, proceeded in the year
1864, TO establish State govern
ment The Federal commander,
Major General N. =. Banks, then
the military governor Of Louisiana
issued his proclamation calling q
convention, and appointing day for
the election OF it's memb .rs. The
election took place at the appointed
time, and when the vote polled was
counted, it was announced by au
: thority that more than the required
one-tenth Of the legal voters in tie
State had cast their votes.
The convention met and framed q
constitution, and appointed a day
first Monday in September, 1864,
for it's ratification. When the day
arrived. the people. as far AS it was
practicable, met at the different pre-
cincts and cast their votes; a much
larger number than the one-tenth
required voting on the occasion.
The constitution of 1864 was, by
authority, declared duly ratified and
the legal constitution Of louisiana
in place Of the constitution framed
in the year 1852, which was declared
superseded by the new instrument
| A government was organized under
the new instrument, and has for a
long time been in full operation.
Our most excellent governor, J
Madison Wells, claims to derive all
his authority, for every official &C,
of his administration. from the con.
stitution Of 1864. The Picayune