New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-06-10
ADDRESS
or the board Of x Repatriation TO tn c Pc,
pie OF Louisiana.

pie OF Louisiana.
FELLowCITI3Egs: The conflict of jurisdic-
ton and rerogstive that has arisen between
the Commanding General of the fifth mill.
tary distri,t aD3 this Board, and the high
handed measures he has seen fit to pursue
toward the chairman Of the Board, render
it imperative on Us to submit fair and full
statementpf the facts at issue between rs
TO the people OF Louisiana.
The late Constitutional Convention was
as much tie creature of Congress as is the
office OF military commander of the district.
Both derive Their origin and power from the
same original source; are Independent of
each other, yetintended by Congress to act
in unisonin carrying out the will of their
creator aslegitimately expressed in the re.
construction laws Of that body.
The prGogati7es and duties of each de.
psrtmentthus created are specifically defined
by that cieatingpower. Section four ofsup,
Elementary act passed March %, 1867, says;
"And said Convention, when organized, shall
proceed t9framea constitution and cjUH goo.
eminent according to the provisions of this
act, and tae act to which it is supplement.
ary." The factof assigning the convention
the duty ind pNrogative of framing a civil
governmHt demonstrates that Congress did
not intent to assign this duty TO the Com
handing General; that the government they
were to naugUate should supersede the
provisional one already recognized, and il
so, then tey hsd the right to inaugurate
the new government aohen they pleased
(Which could only be stated in their organic
laws), ans the term of Inauguration is lot
subject tothe will or caprice of the Com
handing General. The attempt therefore
of the Commanding General to interfere in
this matte is an unwarrantable stretch Of
prerogatie and an invasion of the rights of
the peoplin convention assembled.
II beinga conceded principle of law that
the princbal can delegate al his rights to
his agent, it follows that the Convention
had the right 70 delegate to this Board all
its prerogtiVesin the premises. This Board
therefore stands before the world and in
the eye oithe law as the legal agent and
Representative of the Convention that
created il and fully empowered to do ali
that the 0nyeation could have done in the
premises, and any attempt on the part Of
any one interfere with its prerOgatiyes
and dutie is direct interference with the
prerogaties and duties of the Convention
and with he expressed will of Congress.
The while duty Of framing the civil gov.
eminent eing vested exclusively in the
Conyentio. and its agents, the Command
ing Generl therefore has no legal authority
or right either promulgate the election
of civil offers (Congressmen excepted) or
to say whte orhow they shall be inaugu.
rated. Hponly prerogative in connection
with the hols matter is to promulgate the
ratificatio of the constitution and memhe "a
of Congres (which last duty was only as.
signed hin by the last Congressional billy
and to taB charge Of the election.
The EVENT Intention of Congress was
that the ommanding General while taking
charge oithe late insurrectionary States,
during thir Provisional condition, should
assist theconVsntion by taking the initia'
tory steps oward its organization, and then
aidiDg--nS hindering--it in fulfilling Its
assigned dties.
We theTfore hold and charge that the
Commandig General, in his late special
orders relaVe to election, has transcribed
his prerogliyes.
/. In prpulgatlng the election of State,
parish, and municipal officers.
2. In mailing time for the said officers
to qualifYand take possession of theil
offices dihfent from that required in the
CONSTITUTED Of Louisiana.
3. In ass ming the power to convene the
General Aiembly at his aea.
A. In as4ming the power of appointing
persons tOl n all such Offices In cases where
the person declared elected can not qualify
in accordaGe with the laws of Congress
thereby igbring the voice of the people, il
being the lndoubted right of the person
having thdighest number Of votes ,olo cdz
qualify to D said offices.
5. In seding the returns OF election Il
the pressed Secretary Of State he thereby
ignores u only constitutionalls State off
GERS, the aling Secretary being an entirely
irresponsible party IN this matter, and b,
refusing tobend the returns TO this Board
as was hisduty, when this Board legal.
demanded be same, he unlawfully refused
to do his dky in the premises, and prevent
cd this Bod rom carrying out the win 0
! Congress.
9. Thus naniiesting determination =
ignore the yin ofthepeople Of Louisiana q
expressed ! the ballotbox, and a desire,
not settled purpose, TO impede reconstrus
tion by tlwarting the expressed will 9
Congress.
While, therefore, We exceedingly regre
the collision that has arisen between thez
respective sgenil Of recoastruction, an
earnestly hope sd are Defsaaded that COO
aud candid reaecnon win induce he Con-
manaing general 10 retEAqe The ateps n
hta 90 hastily taken, We CAS- not 10 view 2