The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1866-08-08
First District Court Judge Abel
cHARnr TO TIE GRsNp IuRr.

L
" CHARGE, no THE GRAND JURY.
The Grand Jury having asked for add
tional instructions upon certain points
Judge Abel delivered tho following
charge:
Gentlemen Of the Grand Jary--You ask me-
for more specific instructions relative tt
your powers to suppress unlawful assem-
blies, dangerous to the peace aud good or
der of the State, such as is advertised t.
take place on the Goth inst. EVERYTHING
is eompehended infhe instructions already
given.
The constitution OF 1864 is the fundamen
tai law OF the State, and furnishes ampl,
protection for its supremacy, and can onl,
be altered or amended IN accordance wifi
tile provisions contained in the instrument
itself The oath required tostlpport a con
shtutlon by officers Of a State who are en-
trusted with its administration, is one q
the guarantees that it will rot be betray
ed In some governments. violation OF
that oath would not only be perjury, but
treason, which being higher grade of fell
ony, perjury is merged in If.
Under the constitution of this State. q
violation of oath of Office would be perjury
and no more, /, and every officer in the
State Of Louisiana, have sworn to support
the constitution, and substantially made
oath that it shall not be altered in any
| other manner than is provided in the l47th
article of that instrument.
now charge you that violation Of
that oath is perjury in the officer or off.
GERS who violate it, and subornation Of
peIinry in all who procure it to be done.
The l47th article Of the constitution Of
1864, made By The late Convention, clearly
points ont the mode of amending it. Ii
reads: "Any amendment or amendments
to this constitution may be proposed in the
Senate or Horse of Representatives and if
the same shall be agreed to by majority
Of tie members elected to each House, such
proposed amendment or amendments shall
be entered OIL their journals, with the yeas
and nays taken thereon. Such proposed
amendment or amendments shall be sui.
mitted 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' publica.
ton according to law; aud if majority Of
the voters at said election shall approve
and ratify such amendment CT amend
ments, the same shall become part of the
constitution. IF more than one amend
ment 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 point
ed out by the constitution, and it being full
" ratified by the people, it can only be al
tered by their own consent, expressed at
the ballot box or by the Legislature
BY the second clause of article l49 it is
declared that all laws in force at the time
of the adoption Of this constitution, and
not inconsistent Herewith, shall continue
as if the same had not been adopted
These laws furnish ample vindication
for the integrity of the constitution.
Among the laws adopted by the Conven-
ton itself. are several sections against
breaches of the peace, misdelheauor in of
fee, unlawful assemblies, yaslaucy, PERU
ry and subornation of perjury. And it is
my duty, as one Of the Conservatives of the
peace and Judge of the Criminal Court,
ana you as grand inquest OF the parish of
Orleans, and of all other pence officers, to
use all lawful means oprevent any unlaw-
full assembly or assemblies, and such as
would have a natural tendency to create d
breach of the public peace.
Any attempt to alter the constitution of
the State, in defiance of its provisions, BY
any body of men, unauthorized by the pro-
visions Of the constitution, or enlanating
directly from the people through the bali
lot-box, is illegal and unconstitutional, aud
punishable by law.
The members of the late Convention
elaim to be loyal men; this l coucede,
With a few honorable exceptions, they
were loyal to the Coiifederacy under appa-
rent prosperity loyal to the United States
while they could get ten dollars as mem
oers of the Convention. And after the di-
vision Of offices among them, they became
SO exceedingly patriotic that they declared
the constitution of 1864 the best ever
made. Some of these men were deseFters
FROM tho Confederate. army; others held
Office nader the Coniederacy, civil and mil
itary, and others raised. guards for its de-
fence. And yet, gentlemen of the grand
jury, these men claim to be of and repre-.
sent the loyal people Of the State of Louis
lana, and boldly assert that they are to re-
eeive the aid of the arms Of the Unitet.
States to assist them in usurping the right
to alter the Fundamentally law of the State
of Louisiana, aud that in direct violation
okhe constitution they have made and the
LAWS they have adopted.
This is an unmercifill implication against
the arms of the conntry-themere yapor'of
men. The profession of arms
is one Of the most honorable in this or any
other government, filled by the best men
of the country, and guarded by them with
an eye Of jealousy. Il is. not to be suppos-
ed profession so honorable would lend it.
self to tie aid Of these disappointed men,
SO utterly at variance with republican
Illegal and Unconstitutional. |
The military have in all cases refused to
interfere with the civil government of this |
State, even when called upon by the late
Attorney General.
do not hesitate to say that the military
will not interferewith the civil goverqa,meht
of the STATE. With @ government organ
ICED under the constitution of 1864, rGr,,- !
!arly and efficiently administering the
laws, Notwithstanding the conflicting ele-
ments incidental to the close of the late
war, is a guarantee that il will be compe-
tent to guard its constitution and yinai-
cate its laws.
Gentemeb, some OF the members Of the
ate convention predieated their hopes of
success on tie preamble of the resolution
offered by Mr. Terry on the 9th If May. |
1854, Debates Of the convention. p. l75, |
Journal of the Convention p 64.) 1t I
'eads :" Whereas, large Sans of money |