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


FEL1owscITIzREs; The conflict Of jurisaic-
ton and prerogstive that has arisen between
the Commanding General of the fifth mill
tary district and this Board, and the high.
handed measures he has seen fit to pursue
toward the chairman Of the Board, render
1t imperative on Us to submit q fair and full
statement Of the facts al issue between us
to the people of Louisiana.
The late Constitutional Convention WAS
az much the creature of Congress as is the
office OF military commando of the district.
Both derive their origin and power from the
same original source; are independent of
each other, yet intended by Congress to act
in unison in carrying out the will of their
creator as legitimstely expressed in the re-
construction laws Of that body.
The prerogatives and duties Of each de.
partmentthus created are specifically defined
by that creating power. Section four ofsup-
Elementary act passed March %, 1867, says
'And said Convention, when organized, shall
| proceed to frame constitution and civil qou-
ernment according to the provisions of this
act, and the act to which it is supplement.
sry.' The fact of assigning the convention
the duty and prerogative of framing a civil
government demonstrates that Congress did
not intend to assign this duty 10 the Com
handing General; that the government they
were to inaugurate should supersede the
provisional one already recognized, and if
so, then they had the right to inaugurate
the new government lglea they pleased
fWbiph oo11d oD1u ha s4oto 4 a., a. -
laws), and the term Of Inauguration is not
subject to the will or caprice of the Com.
handing General. The attempt therefore
Of the Commanding General to interfere in
this matter is an unwarrsntable stretch of
prerogative and an invasion of the rights Of
the people in convention assembled.
II being conceded principle of law that
the principal can delegate al his rights to
his agent, it follows that the Convention
had the right to delegate to this Board all
its prerogatives in the premises. This Board
therefore stands before the world and in
the eye of the law as the legal agent and
representative of the Convention that
created it, and fully empowered to do all
that the Convention could have done in the
premises, and any attempt on the part of
any one to interfere with its preroratiyes
and duties is direct interference with the
prerogatives and duties Of the Convention
and with the expressed will of Congress.
the whole duty of framing the civil gov.
eminent being vested exclusively in the
Convention and its agents, the Command
ing General therefore has no legal authority
or right to either promulgate the election
OF civil officers congressman excepted) or
to say where or how they shall be inaugu-
rated. His only prerogative in connection
with the whole matter is to promulgate the
ratification of the constitution and members
Of Congress (Which last duty was only as.
signed him by the last Congressional billy
and to take charge of the election.
The evident intention of Congress was
that the Commanding General while taking
charge of the late insurrectionary States,
during their provisional condition, should
assist the Convention by taking the initia-
tory steps toward its organization, and then
aiding-not hindering-it in fulfilling its
assigned duties.
We therefore hold and charge that the
Commanding General, in his late special
orders relative to election, has transcribed
his prerogatives.
l. In promulgating the election Of State,
parish, and municipal officers.
2. In naming time for the said officers
to qualify and take possession OF their
Offices different from that required in the |
constitution of Louisiana.
Q. Ia assuming the power TO convene the |
General Assembly at his apQl.
4. In assuming the power Of appointing |
persons to fill all such offices in cases where |
the persons declared elected can not qualify |
in accordance with the laws of Congress,
thereby ignoring the voice Of the people, it |
being the undoubted right Of the person
having the highest number of votes rho can
qualify to fill said offices.
8. In sending the returns Of election to /
The present Secretary of State he thereby
gnores the only constitutional State off.
'ers, the acting Secretary being an entirely
Irresponsible party in this matter, and by
refusing TO send the returns to this Board,
ls was his duty, when this Board legally |
the same, he unlawfully refused
% do his duty in the premises, and prevent
ID this Board from carrying out the will Of
Congress.
6. Thus manifesting determination to
gnore the will Of the people Of Louisiana as
at the ballot.box, and desire, if
lot settled purpose, to impede reconstruc-
ion by thwarting the expressed will of
Congress.
While, therefore, we exceedingly regret
'he collision that has arisen between these
respective agents of reconstruction, and
earnestly hope and are persuaded that cool
md candid reflection win induce the Com.
handing General to retrace the steps he
las SO hastily taken, we can not, in view OF
he responsibilities imposed upon US, pause
or moment to consider personal safety or
unpleasant consequences. The course be-
ore US is one Of duty, plainly marked out
'y law, and we shall unhesitatingly follow
I, leaving to the people and to Congress to
Justify us in our determination.
We, therefore, notify all municipal off,
'ers declared elected by the people of Lou.
siana under the new constitution, in special
'rders No. 125 from military headquarters,
lated June 4, 1868, that article 1853 Of the
OF Louisiana requires
hem to qualify and enter upon
heir Offices on Monday June Is,
s6s, and that any orders from any source
Erecting contrary to this article are Illegal,
lot binding and the parties 50 attempting
o take Office will lay themselves liable to