The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-06-07
General Buchanan AM Oh, BoarI 81
Registration.
AUTHORITY
REPUDIATED
ARREST OF THE CHAIRMAN OF
The BOARD.
HE WILL BE TRIED BY MILITARY
COMMISSION.

In Mechanics Institute to frame the Constitution
adjourned, II delegated to board Of seven regis
rars, chosen from ITS own members, all the pow
ers which itself assumed to possess, authorizing
them to take charge Of returns OF the vote upon
the Constitution and for candidates FOR the various
Offices; and, in Short to carry out all the prelimi
nares to the consequent change of government.
or this board Mr.. S. B. Packard was chosen
chairman. We stated recently that an spplica-
ton had been made by Mr.. Packard to General
Buchanan for an official statement Of the votes
cast at the recent election, which application the
general declined complying with until his order
was published.
When the PRONUNCIATION Of this order came, the
time fixed therein for the converting of the Gen.
eral Assembly and the installation of civil officers
coDhicted with the date fixed upon by the trainers
Of the Constitution, who had specified respec
lively the third and second Mondays after such
order should be issued the periods in question.
II was therefore, evident to all that out Of this
conflict must arise the question as to which is the
paramount authOrity-the convention OF the gen.
eral. And yesterday the matter came to a cul.
mination, proclamation which we give below,
being issued by Mr. Packard, chairman of the
Board of Registration, setting aside the provi-
sions Of Gen. Buchanan's order, declaring all civil
Offices in the State vacant on the 18th Of this
month, ordering the installation of the newly
elect on the same day. and convening the General
Assembly on the 22d inst.
The proclaim tiou having come to the notice Of
the commanding general. be promptly met the
issue. About one o'clock, Col. Gentry, secretary
for civil affairs, appeared at Mechanics lnstitute
accompanied by single friend, and entering the
Office Of the board Of registration on the second
floor was introduced to Mr.. Packard, and inform
ing him that he was the bearer of a verbal order
from General Buchanan for his arrest, requested
him TO walk to headquarters. Mr.. Packard CON-
piled without hesitation, and having been ushered
into The presence Of the general, Informed 1--WE
learn) that he had violated one of the articles Of
war, which the general read to him, and must give
his own personal recognizance TO appear for trial
by military commission. when summoned. Having
given the required pledge, Mr.. Packard departed,
aud there, for the present, the matter rests. Ii is
rumorec that the military commission Is to consist
OF Generals Beekwith and Sykes, and Col Wood.
Of the lst Infantry, and that the proceedings will
begin to morrow.
The public excitement regarding this single
conflict of authority was much less than might
have been anticipated. 10 these days OF remark
able events people are prepared to receive al
most any intelligence with composure. The fol-
lowing is copy of the proclamation which
caused Mr.. Packsrd's arrest:
Proclamation by the Board OF egi.trat.on.
BOARD OF REGISTRATION,
State OF Louisiana,
New Orleans June 5, 1868. J
WHEREAS, By the ordinance of the late con-
stiiutional convention creating this board. passed
February Is. 1868. this board is empowered, aud
il is by said ordinance made the duty of this
board 10 take control of " all mat ers of execu-
ton or Of detail not fully prOvidedfor in said recon-
stIuction acts (of Congressl and Constitution (Of
LOuisiaBa) and in case OF the nom action of any
officer of the State district commander, or any
omission in carrying out said law, regulations. or
ordinances, OF details necessary to carry into
eject the purposes of said act according to Their
letter and spirit" and
WHEREAS, The district commander of the fifth
military district in his special order No. l2l. pro-
mitigating the election of civil officers in Louis
lana, dated June 2. lS6S, has failed to recognize
the requirements OF said Constitution, which pro-
vides,
/. That all civil officers thus elected) shall
enter upon the discharge Of their duties on the
second Monday after The return Of their election
shall hare been officially promulgated, or as seOn
as qualified according TO law, aud shall continue
10 office for he terms OF their respective Offices
herein prescribed, said terms TO date from the
first Monday IN November following the election.
(See article l5s ofCOnsttuiion.) II
The General Assembly elected under this
Constitution shall hold its first session in the city
OF New Orleans on ute hrd Monday after Tie
official PRONUNCIATION aforesaid, aud proceed,
imme diately upon its organization, to vote upon
the adoption Of the fourteenth amendment TO the
Constitution Of the United States, proposed by
Congress, and passed June IL, 1865" etc. (See
article l59 OF COBsiitution.)
BE, the said district commander, having re-
fused to recognize the requirements OF the Con
stiution, ss above shown in his said order, in the
following language:
1.-The General Assembly will NOT convene until
the commanding general shall have been officially
notified OF the acceptance by Congress of the new
State Constitution. Immediately after receipt OF
this information day will be appointed for tue
meeting of the General Assembly to take action
upon the amendment to the Constitution Of the
United States, known as article fourteen. and 20
define by tdlc he potcers and duties pertGtaiHy TO
Tie Offices nelrig created by this Constitution.
"Article l5S OF the new Constitution of the State
provides that the terms of all civil officers elected
under it shall date mot begn) from the first Mon.
day IN November following the election. There
JOre the officers whose election Is herein an-
nounced wni Only enter upon and hold their
Offices from that date; - snd
WHEREAS, The failure to insugurate the State
officers elected under the ne Constitution at the
time appointed BY the Constitution would neces.
sarily prevent the General Assembly's legal eX.
isteIce, Well as action upon the fourteenth
proposed amendment TO the Constitution of the
United states Che present acting governor being
consiitutIonally unable to approve any act of said
General Assembly, and without the approval of
he governor il being impossible for any egisia-
tive ensctu ent to become a law and thus effss
nally prevent reconstruction in accordance with
the laws Of Congress which provide that the
Legislature elected under the Constitution shall
OF the United states proposed by the Thirty :.
ninth CONGRESS. srd known article fourteen"
tsee section 5, law passed March 2. 1867 p11Or
o admission into the Union. the adoption Of said
Constitutional amendment by the Legislature of
Louisiana being thus rendered utterly impossible
and
WHEREAS, The commanding general is not
above The laws OF Congress, nor il he above the
convention that framed the Constitution undsr
which these officers are 90 be inaugurated, both
being The creatures Of congressional will, indie
pendent Of each other. yet both subject to the
lartmount authority Of the Congress of the United
States; aud
WHEREAS, The reconstruction laws fully EN-.
powered The constitutional convention to govern
all matters OF detail IN regard TO the Inauguration
Of the new government authorized by Congress;
and
WHEREAS, Said constitutional convention has
delegated IT. foil p0wsrs in TIE premises to this
board, which is the legal representative Of said
convention; nov, therefore, |, 5. b. Packard.
chairman OF the Board Of Registration aforesaid,
IN obedience 10 the duty imposed by said consti.
tGtonal convention upon aud by virtue of the
authority thus vested 10 this board do hereby no.