New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-06-09

WHEREAS, By the ordinance of the late
Constitutional Convention creating this
Board, passed February Is, 1868, this Board
is empowered, and it is by said ordinance
made the duty of this Board to take control
of ''sll matters of execution or Of detail not
fully provided for in said reconstruction
acts Cof Congress) and Constitution (oi
Louisiana), and in case OF the non-action Of
any officer of the State o. District Com.
n4Gnder, or any omission in carrying out
said law, regulations, or ordinances, or de-
tails necessary to carry into effect the pur.
poses of said act according to their letter
and spirit;r and
Whereas, The District Commander Of the
Fifth Military District in his Special Order
No. l2l, promulgating the election of civil
/ officers in Louisiana, dated June 2, 1868,
has failed to recognize the requirements Of
said Constitution, which provides
First, That "sll civil officers thus elected
shall enter upon the discharge of their duties
on The second Monday after he return of
their election shat haze been officially pro.
nlu2gated, or as soon as qualified according
to law, and shall continue in Office for the
terms of their respective offices herein pre-
scribed, said terms to date from the first
Monday in November following the cleo.
ton. (See criticize 1858 of Constitution.)
?. The General Assembly elected under
this Constitution shall hold its first session
in the city of New Orleans on the third Non.
day after the official PRONUNCIATION aforesaid,
and proceed, Immediately upon its organi.
cation, to vote upon the adoption of the
fourteenth amendment TO the Constitution
of the United States, proposed by Congress,
and passed June 10, 1858, g etc. tsee article
l59 Of Constitution.)
He, the said District Commander, having
refused to recogpize the requirements of the
Constitution, as above shown, in his said
order, in the following language: The
General Assembly will NOT convene until
the Commanding General shall have been
officially notified of the acceptance by Con-
gress of the new State Constitution. Imme-
diately after receipt Of this information a
day will be appointed for the meeting of the
General Assembly to take action upon the
amendment to the Constitution OF the United
States, known as article fourteen, and to de.
fine by lao he po1oers and duties pertaining
to The Offices neloly created By his Consttt,s-
tioa.o
Article 1853 Of the new Constitution of
the State provides that the terms of all civil
officers elected under it shall date (not be.
gin) from the first Monday in November fol.
lowing the election. Therefore the officers
whose election is herein announced will
only enter upon and hold their Offices from
that date;n and
Whereas, The failure to inaugurate the
State officers elected under the new Con.
stitution at the time appointed by the Con-
stitution would necessarily prevent the
General Assembly's legal existence, rs well
as action upon the fourteenth proposed
amendment to the Constitution of the
United States (the present acting Governor
being constitutionally unable to approve
any act Of said General Assembly, and with.
out the approval Of the Governor it being
impossible for any legislative enactment to
become a law), and thus efectually prevent
in accordance with the laws
Of Congress, which provide that 1.-THE
Legislature elected under the Constitution
shall have adopted the amendment to the
Constitution of the United States proposed
by the Thirty.ninth Congress. and known
as article fourteen" tsee section 8, law
passed, March 2, 1857 prior to admission
into the Union, the adoption Of said Con
stitutional amendment by the Legislature
of Louisiana being thus rendered utterly
and
Whereas, The Commanding General is not
above the laws Of Congress, nor is he above
the Convention that framed the Constitu-
ton under which these officers are to be
inaugurated, both being the creatures of
will, independent of each
other. yet both subject to the paramount |
of the Congress of the United
States; and
Whereas, The Reconstruction Laws fully |
empowered the Constitutional Convention
TO govern all matters Of detail in regard to
the Inauguration Of the new government |
by Congress; and
Whereas, Said Constitutional Convention
has delegated its full powers in the premises
70 this Board, which is the legal represent. |
alive of said Convention; Now, therefore, |
|, S. B. Packard, Chairman of the Board |
of Registration aforesaid, in obedience to |
he duty imposed by said Constitutional |
upon, and BY virtue Of the
thus vested in this Board, do |
hereby notify all civil officers elected under
Iaid Constitution that said Constitution re-
Iuires that they qualify and take possession
If their respective offices on Monday, June
., 1858, in accordance with Article 1853 of
Constitution.
] also notify the members of the General
Assembly Of Louisiana, elected under said |
Constitution, that by Art. $50 of said Con
ititution they are required to conven 9 in
he city Of New Orleans on Monday, June
2, 1868, at IL NJ; and I further notify all
Evil officers now in office that by the new
Constitution their terms Of office will ex-
'ire at u n. on Monday, June Is, 1868, at
which time they viii deliver up said offices,
With all appurtenances thereto, TO their
uccessors declared duly elected by the
special Order No. III Of the Military Com
handler Of the Fifth Military District, issued
Iune 2, 1893; PROVIDED, That in all cases
where the officers elect do not qualify &C.
lording to the laws Of Congress and of this
ltste, present ineumbents viii hold over
Until such officer shan qualify, or q successor
hal have been appointed, or an officer
declared elected who is able to qualify.
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