The south-western. [volume] (Shreveport, La.) 1852-1870, 1865-09-13

constitution gave the governor the power to appoint
judges, and that the constitution of 1854 abolished
slavery and involuntary Seryitude except for crime
It was also shown that great taken at every
stage Of the trial to conform strictly to the rules OF
legal practice and that much mercful consideration
was shown to the prisoner. ~
No doubt this was true but it was beside the case in
controversy. We do not deny the perfect ornalty Of
the trial in all its steps, but deny the jurisdiction Of
the court in the case
The point on which the whole case turns is in the
question: Was there in the parish Of Bossier on the
9TH of September 1865, an iatcTupttoa Of cjr1 tta'
If there was, then is the defendant guilty in manner
and form indicted, if there not, he claim
verdict Of acquittal.
Was there an interruption Of civil law.
It Is admitted by all with whom are concerned,
that the constitution of La made in 1852, has persisted
Has the socaled constitution of 1864 succeeded to its
seat and authority? That constitution provided for the
making itself effective. 1t says in substance that it
shall be referred toa vote Of the people, in their several
parishes, on the LIST Monday of Sept, 1864.
We are not concerned at present, with the question
of the adoption of the constitution within the Union
lines we are under no obligations to look outside
of the parish of Bosser, for have not affirmed an
interruption Of cigI ialg anywhere else.
We repeat the constitution OF 1852 gone, and the
binding validity of the constitution OF 1864 III that
parish, depends on the answer to one question: DID
the people of Bosser on the 1st Monday OF Sept,
Io64, vote Tor that constitution or against ~ tiot
dld nek they never ADOPTED 1t lor IN sPeG"yn$ ':s
1t musepe Voteu Ior tnat constitution declares tn II
cannot become binding IN any other way. Now how
stands the case? On the day on which the constitution
fixed that it should be voted for the people of BoSSier
were IL open reoeoh against IL anu against tue gov
eminent under whose protection seeks 70 orihg It's
lHehqS. Inc people oi bosSer lau Fenoulceu thet
allegiance 10 their ou government aua they let the Isl
Monday of Sept 1864 60 by unimproyed and there has
never been another day fixed which they could vote
themselves under the protecuon OF the constitution.
There IS then IN that PARISH as IN every other part OF
the state OF LOUISIANA within the Confederate nes on
the Isl MONDAY OF oept 1909, no cohsttutloh NO ci
law Ihey slnned away thelr Jay OF grace u1'H no
law Is elt Tor them but the paYoheI IN Tue manu- Vi 4
negro. We ina then there was an lnteGrupIloh OF
civil law IN the parish OF Bosser on the 'tn OF sept
lo09, ana so tAat Judge heems ulu violate ar NO .
circular NO. D.
Great Importance was attached to the PRESIDENTS
procamaIloh recognising states that uau Deeh III re-
bellon
W lth that document we nave nothing 10 40 Whate7-
ef at present IL ofdans that delegates De erected ana
sent 10 convention Inc people OF boSsler held no
election and sent no delegates The Constitution pro-
Fldes that 1t small be maze effective by beng voted tor
by the people OF the several parishes OF the State, at
the places designated by law for holding elections and
this voting must be done on the first Monday of Sep
TENDER, 1864.
The particularly with which the Constitution speci-
es the mode of its adoption, shews that no other mode
of adopting it is possible Did the people of Bossier
so adopt it, If they did there q no interruption Of
cipH lar if they did not, for them it does not exist
We had hoped to be abIe to avoid the discussion of
the question of the validity Of the Constitution Offset
in those parts Of the State within the Union lines
the time of its adoption but we find we cannot The
true state Of the case appears to be this;
It was no part of the design of the Government
that the city of New Orleans and its dependencies,
oinedsby a few refugees from various parts of the
State Should give Constitution to the State. Ac-
cordngly, the voting to be done for members Of
the Convention in the various parishes of the State
1t was no part of the design of the Constitution,
that the people of a small section should foist it on
the whole State accordingly, they were required to
in the various parishes of the State and to avoid
the getting up Of travelling ballotbox, the voting
must be done on the same day all over the State and
to prevent few persons from assembling in secret
place and voting and then paInin off their action as
places designated by law for holding elections and
because these requirements have not been complied