New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-07-24
SotaI Snteligsnre.

to the 1llegaIity of Teassembling the members of
the convention of 1864 and the cuIpabiliy of those
concerned in the project requested him to charge
them again the subject, and he did so yesterday.
This charge is, if possible, more decided in its
expression of opinion than his first, and possesses
additional interest from the introduction of new
subjects.
| He reiterates that the officer of the State who
endeayors to change the government, through the
action of the members of that convention, sub
| jects himself to a prosecution for perjury. His
analysis of the "loyalty" of majority of the
members verges upon the causticity Of Junius.
He brands them political apO5t4tes and military
deserters-the meanest and the basest of
kind-yenal cowardly and treacherous. General
Banks comes in for " frst-rate notice. though
the name is omitted, in connection with the reso-
luton proposed for the distribution of large
of money! which had been RENTED to this State
to make it "free." Mr. Commissioner Shannon
also receives some mefited attentions
The charge, we repeat, will be read with uni
| versal interest 1t is cogent in argument, bold
and spirited in denuncation, and characterized by
| an independence and love of liberty not often
found in high places now. We give it in full, as
| follows:
| Gentlemen Of the Grand jury
You ask for more specific instructions rela-
| tive to your powers to suppress unlawful assem-
| blies, dangerous to the peace and good order Of
the State such as is advertised to take place
| the Both inst. Everything is comprehended in the
instructions already given:
| The Constitution of 1864 is the fundamental law
Of the State, and furnishes ample protection for
its supremacy, and can only be altered or amended
in accordance with the provisions contained in the
| instrument ITSELF The oath required to support
Constitution by officers of State who are eutrust
ed with its administration, is Of the guarantees
that it will not be betrayed. In some governments
a violation of that oath would not only be perjury
but treason, which being higher grade OF felony,
| perjury is merged in it.
| Under the Constitution of this State, violation
of oath of Office would be perjury and no more i
| and every officer in the State of Louisiana have
sworn support the Constitution, and substantially
made oath that it shall not be altered in any other
manner than is provided in the l41th article of that
| instrument.
now charge you that violation Of that oath is
perjury in the officer officers who violate it, and
| subornation of perjury in all who procure it to
be done.
The I47th article of the Constitution of
| 1864, made by the late convention, clearly
points out the mode of amending it, 1t
reads, amy amendment or amendments to this
| Constitution may be proposed in the Senate or
House Of Representatives, and if the same shall be
agreed to by a majority of the members elected
4 to each house, such proposed amendment Or
amendments shall be entered on their journals,
with the yeas and nays taken thereon. such pro
posed amendment or amendments shall be sub
nitted to the people at an election to be ordered
by the said legislature, and held within ninety
days after adjournment of the same, and after
thirty days publication according to law and if a
majority of the voters at said election shall ap-
| prove and ratify such amendment or amendments,
the same shall become part Of this Constitution.
q If more than one amendment is submitted at
time, they shall be submitted in such manner and
form that the people may vote for or against each
amendment separately"
This gentlemen, is the only mode pointed out
by the Constitution, and it being fully ratified by
| he own
consent expressed at the ballet box or by the leg
islature.
BY the second clause of article 149 it is declared
that ''All laws in force at the time of the adoption
of this Constitution, and not inconsistent there
with, shall continue as if the same had not beer
adopted
integrity of the Constitution. Among the
laws thus adopted by the convention itself, are
several sections against breaches OF the peace
misdemeanor in office, unlawful assemblies, va
grancy, perjury and subOTnation of perjury Ant
J. it is my duty, one of the conservatives of the
peace and judge Of the Criminal Court, and you al
grand inquest of the parish Of Orleans, and o
all other peace officers, to use all lawful means II
prevent any unlawful assembly or assemblies, ant
such as would have a natural tendency to create
breach of the public peace.
Any attempt to alter the Constitution Of tn,
State in defiance of its provisions, by any body 0
men, unauthorized by the provisions OF the Con
stitution, or emanating directly from the peopl
through the ballotboX, is illegal and unconstitu
tional, and punishable by law.
The members Of the late convention claim to b.
= loyal men; this concede With few honorable
exceptions they were loyal to the GonIederac
under apparent prosperty-loyal to the Unite
States While they could get ten dollars day a
members of the convention. And after the div
sion of offices among them, they became s
exceedingly patriotic that they declared the Cor
| stituton of 1864 the best ever made. Some c
these men were deserters from the COnfederat
. army; others held Office under the Contederacy
civil and military; and others raised guards t9r II
defense. And vet gentlemen Of the grand jury
these men claim to be of and represent the toyt
people of the State of Louisiana, and boldly assel
that they are to receive the aid of the arms OF tn
United States to assist them in usurping the rlgl
to alter the fundamental law of the state OF Lol
isiana and that in direct violation of the COnsutl
ton they have made and the laws they hay
adopted.
arms of the Countrywide mere vapor of disal
'C pointed men. The profession of arms is OF
of the most honorable in this or any 9TH
the government, filled by the best men OF u
country. and guarded by them with eye of je
lousy. 1t is not to be supposed profession
honorable would lend Itself to the aid Of the
disappointed men, so utterly at variance with +
publican principles, illegal and uncoustituton,
The military have in all cases refused to interfe
with the civil government of this State even wit
called upon by the late attorney general.
:. do not hesitate to say that the military will n
interfere with the civil government OF the Stat
With government organized under the Constit
lion of 1864, regularly and efficiently admtnlstC
ing the laws, notwithstanding the conflicting e
ments Incidental to the close Of the late war,
a guarantee that it will be competent to guard
Constitution and yindiCate its laws.
Gentlemen, some of the members of the Is
convention predicated their hopes of success
the preamble of the resolution offered by Mr.. II
- ry on the 9TH of May, 1864. debates of the O.
To' vention D. It's, journal of the Convention p.
1t reads: g Whereas, large sums Of money ha
during the past year, been RENTED to tins ST
for the purpose of free State government in Ii
isana, and it is now fitting time that the s
money should be applied to the patriotic purp,
of the donors and this convention is informed t
the said moneys are in the hands of the socai
free State general committee, of which ---
president ETC., etc.
They say emphatically they have large sums
money. AS a member of the late convention |
met commend it to the use of charitable Institute
And you, gentlemen of the grand inquest, '
have equal privilege with the most favored OF
late convention, will, no doubt, join me in the
commentator, as will every honest man in
State; each and every one of whom have the 81
right on the floor of any convention that ma.
assembled to alter the Constitution as or any
of the late convention.
Can it be possible that these men, in their
peration, expect to corrupt great State
their money? And yet the clamor of the afiit
man for his share, or blood, is significant. 1t
-, be so!
sHt, Gentlemen. the tendency of the cOlored pol
ton of the city and State to industrial pursuits
I. --s,.T. tf.Pn