The Opelousas courier. [volume] (Opelousas, La.) 1852-1910, 1868-06-20
Radical Counter-Blast at Geu'1.
Buchanan.

n
concentrating the proclamation of
Gen. Buchanan in the matter of the
n,.atiuo of the Legislature just elected.
He will not call them before November /;
th. date Mt which their terms of service
commence.
Yesterday morning, the Chairman of
the Board, by proclamation, issued a
summons for their adllerents to meet, in
nnler the provisions of the schedule of
interprets, as not in force until the State
constitution Is finally confirmed and ac-
cepted by Congress.
Gen. Buchanan instantly asserted his
authority by causing the arrest of the
Chairman, who will be subjected to trial
before il military commission, as provid-
ed in the reconstruction laws. a....
We shall probably have notice to-day
of the constitution Of the court and the
time of trial.
Gen. Blchanan's view of the status of
the constitution is the slme as that taken
by Gen. Candy for the new constitution
OF South Carolina. Gen. Candy ruled
that until the constitution is positively
approved by Congress, it is an incom-
plete instrument, which does not impair
or take away any of the powers which
are vested by the reconstruction laws i'll
the District Commanders, in such ampli-
tude, and with such distinctness.
This construction has been approved
at the headquarters of Gen. Grant. 1t is
as applicable to the State OF Louisiana
as to that Of South Carolina. There is
no difference in the facts, nor in the
principle applicable to them. We will
not venture to say that Gen. Grant will
not be persuaded to make discrimina-
ton, but We venture to affirm that there
is neither law nor analogy that will ex-
cuse it.
The Convention had no power what
ever, under the reconstruction acts, to
take away the military powers OF the
District Commander, 10y provision, in
an incheate constitution, subject to a
final confirmation, which might be with
held.
There is a section of the reconstruction
law TACT Of March %, 1867, section q,
which enacts: THAT until the people o.
said rebel States shall be, by law, admit.
ted to representation in the Congress o.
the United States, any civil government
which may exist therein shall he provis.
ional only"
A subsequent act July 10Th, Sec. Cd,
gives the Commander of any district full
power, at his discretion, subject to the
approval of the General Chief,
To suspend or remove from office, or from tn,
performances of official duties or the exercis,
of official powers, any officer or person holding
exercising, or protesting to hold exercise
any civil or military office duty, in such dis
triots, under any power, election, appointment
NTstt fta Tod
claimed under, any so-ealied State, or the gov
ernnient thereof, or any municipal or other div
ision thereof.
By these provisions all governments il
these States, until they are restored t.
independent functions by act of Congress
are provisional, subject to the paramount
authority of Congress, as Congress ha
provided in the reconstruction acts
through the agencies of district com
manders.
These acts no where give any author
ity whatever to conventions, much les
to commissioners sitting in the recess 0
conventions, to abolish the powers O
district commanders and assume sover
eign jurisdiction as for completely re
constructed States. Still less defensibl
is the pretension that such committe
can, not only abolish a government sup
ported professionally by district com
mander. but before the constitution i
made complete by the action of Congress
can make new government in antage
nism to the one in existence. 1t is fu,
ther worth noting that such government
would, by the terms of the reconstructio
law, also be provisional, and thereb
subjected to the full powers of the con
lnander, under the section we have QUO
ted.
We need not dwell on the extrays
gance of these pretensions and their il
congruity, with decent respect for til
action OF the military authorities her
or even for the deliberations in Congress
which are now developing very seriel
division of opinion on the subject whie
this Board of Registration attempts |
decide for Louisiana by coup d'etal
calculating, we doubt not, in being bacl
ed up in IG, as partisan movement, /
the head of the party. who occupies ii
position of General of the Armies aud
candidate for the Presidency.
The power assumed by this Board
not to be found anywhere in the recon-
truction laws. The powers of the c0i
ventions extend only to the preparatio
OF q constitution and civil government
20 be voted for and subsequently, suomi
ted TO Congress. The powers of the con
mander were in no respect changed, n
fected or limited by any power confe
red on a convention.
The Convention assumed, indeed, b
the terms of its own ordinance, that
was acting without any special authorit
from Congress; but drew the inferent
that what Congress omitted to do it La
the right to supply. in order to mai
the election work according to its pr,
conceived idea of what the result ougI
to be. Itinvested this Board of Seye
sitting in recess, with full authority {.
take control of all matters of execute
Or Of detail not fully provided for in sai
reconstruction laws and constitution"
The powers of the Board in this matt
rest therefore on a grant of authority tl
Convention had no right temake, and {
tue assumption of concurrent jurisdi
flon with Congress, by virtue whereof
took the right to amend congression
omissions according to the ideas preVa
eiit at the time on Dryades street.
These proceedings OF the so-calls
Board of Registration have the air
having been concoeted at Washingtt
4 A..