New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-05-02
WHEN DO THE NEWLY ELECTED TAKE
THEIR PLAoBs9 &c E %

The neyv Constitution which has Deen raw
fled by the people, so far as the votes are
concerned, declares, article 15S, that al
civil officers TINS elected shall enter upon
the discharge of their duties on the seoone
Monday after the returns Of their election
shall have been officially promulgated or
as soon as qualified according to law.
Article 15e preseribes that the General
Assembly - shall begin its first session on
the third Monday after the official promul'
CATION aforesaid"
The manner prescribed by Congress, and
of oourse the acts of Congress executed by
the Commanding General of the district
must be the supreme law in this case, is
essentially as follows: When the votes
sball have been counted the Commanding
General will officially announce the result,
and furnish the President of the Convention
with a certified statement of the same, to be
transmitted by the latter, with copy OF
the Constitution, to Washington. Congress
will then either accept the proposed State
Constitution, reject, or amend it, or pro-
pose amendments TO be made by the Con-
vention or the State Legislature. In case
it proves to be acceptable to Congress-
and of this there can be little doubt bill
will be passed making it the supreme
law of the State after the Legislature shall
have accepted the fourteenth amendment,
and providing for the admission of mem
bers of Congress Immediately after such
acceptance. The act of Congress would
then be transmitted by the Secretary of
War to the Commanding General to be
officially published by him
It will be seen that so far as the Consti-
tuition is concerned it will, as the recon
struction acts now stand, become the
supreme law upon the acceptance of the
fourteenth amendment That is the last
link in the chain to make our work COM
plete. The admission of our members to
Congress would follow as natural conse-
quence. Congress may, however, pass
resolution that the Constitution shall go
into operation Immediately after its accept
ance by that body. Itmay also resolve that
the civil officers shall take their seats, and
the General Assembly be convened immedi'
ately, Professionally of course, until their
acceptance of the fourteenth amend
ment shall make the Constitution valid
The action Of Congress in reference
to Alabama is case in point. With
out further legislation on the part
of Congress the matter as we under
stand it lies entirely with ;he Convention and
the Commanding General. No doubt the
Convention contemplated tbatthe acts Of the
civil Office rs and of the General Assembly
should be provisional in the interim be-
tween taking their seats and the accept
ance OF the fourteenth amendment This
would be in harmony with the supremacy
of Congress in all these matters until the
last stone of the edifice has been placed
in position. In order to do this finishing
work the General Assembly must be con-
vened, and it is eminently proper that the
civil officers should take their seats even
before the meeting Of the Assembly. As
affairs now stand it appears to us that the
Commanding General has supervision Of
this matter. We presume that the present
incumb ents viii be glad to get rid of the
tolls and perplexitie5 Of Office by grace
fully yielding their positions to the newly
elected should the latter present them
selves on the second Monday after the pro-
mitigation of the election returns. As to
the Democratic incumbents, their we'll
known aversion to holding Office will
doubtless induce them to hasten to hand
over the keys to their successors.
As to the Democrats elected to Office
under the new Constitution, for additional
reasons they viii be slow to take their
seats. After their wholesale denunciation
of its provisions, they would of course feel
hopelessly degraded to act under them, and
consequently, if there is any such tn ing as
self-respect or consistency left in the world
we shall soon expect to see these men indig-
nantly refuse to be qualified. Thus we pre-
sumo everything will be agreeable and har-
nonious, and nobody be disfected, so far as
the civil offices are concerned. But
should any of the elected offer them.
selves for qualification on the day pro-
posed by the Convention, and the
present incumbent refuse to yield the
place, we know nothing short Of an order
of the Commanding General that would set.
tie the matter. Any squabble about the
temporary and provisional occupancy Of
the Offices would be undignifed. In fact
we apprehend nothing Of the kind But
to avoid any possible difficulty we presume
that the Commanding General will desig-
nate, in his forthcoming order as to the
returns Of the election, that the civil Of
iieers shall take their seats and the Assem-.
bly, be convened on the days mentioned by
the Constitution. This would obviate all
trouble aud we presume that no one
would be gladdeF to get through with the
whole thing than the Commanding General
himself
We are happy to announce that the re
cent order of General Buchanan does not
according to its practical construction, in
volve the necessity Of counting the ballots
but relates simply to the revision of tn,
returns. We may therefore expect shortly
the ofielal announcement Of the result O
The election, and believe there viii be Nd