Baton Rouge tri-weekly gazette & comet. [volume] (Baton Rouge, La.) 1865-18??, 1865-12-19
LEGISLATIVE QUANDARIEs.

traordinary issues growing out OF the
revulsions of the late war and the
difficulty Of reconciling Legislative
action thereon with the varied notions
and opinions of Legislators as to the
validity of the Constitution Of 1861
The strange anomaly is presented OF
Legislators elected with preconceived
ideas and established opinions of the
invalidity of an instrument alike
condemned and repudiated by the
major portions Of their several con
stituencies, and yet being sworn in,
taking their seats and engaging
in the usual forms of law-makilg ;
thus acknowledging, as it We're, the
"higher law" power and authority Of
that instrument.
The debates which have ensued
in the Legislature on the vexed
questions incident to the contested
status of the Constitution of 1864
and the relative propositions for
amending that Constitution or call
ing a Convention to frame n new
one, have consumed large space Of
time, without however arriving at
any definitive or satisfactory clear
ing up of the "muddle." The Legis-
lature continues to ply its accus-
toned functions, whilst the Constitu-
ton of 1864, though regarded nomi-
nally as in allegiance, remains never
theless, the actual organic law Of the
State.
To have obviated all present and
future intricacies and doubts in points
of Legislation, it appears plain that
the first important step precedent to
legislation should have been for the
Governor to have called Conven-
ton in order to frame new Consti-
tuition, or for the Legislature to have
| done so Immediately after its organi.
| zation; or else to have addressed
itself at once to the work of amend
ment-a process which would have
been far less expensive to the State
and doubtless equally effective and
satisfactory.
If, says the True Delta, the Leg
islature now in session has not ere
| cognized as valid" the Constitution
| of 1864, it would be difficult to i'm
agine what recognition consists in or
amounts to. The Senators and Re.
representatives. were elected under au-
thority granted by the Constitution
Of 1864, pursuant to the terms of a
proclamation issued by Gov. WELLS,
who claimed all the powers he exer-
cised from that instrument. All the
members took an oath to support the
Constitution of 1864, although many
of them were elected on a platform
which pledged them to take speedy
steps for its abrogation. They have
appropriated money under that Con-
stitution; they are legislating on
vitality important matters by the au-
thority granted therein, for if they
are not, they have no business to be
in session; they have elected United
States Senators /; the Governor and
all the other State officers have taken
the oath under the Banks organic
law, and will probably draw their
salaries quarterly in advance (if they
can get the money from an empty
Treasury with the customary promp-
titude Of efficient business men. All
the departments Of our State Gov
eminent, Executive, Legislative and
Judicial, are organized and working
under the Constitution now in force,
and if that is not "valid and ac-
copied" recognition of the aforesaid
abominable instrument, as it is popu-
larly styled, then words have no
Specification and acts no meaning.
We had hoped that a Convention
would have baen callad ora This and