Le Louisianais. [volume] (Convent, La.) 1865-1883, 1868-12-12
No. 80
AN ACT

10 ascertain the eligibility OF persons elected
or appointed TO office, and 10 declare offices
vacant. when ihn persons elected or ap-
pointed are ineligible, and providing how
such vacancies shall be filled, and pre-
scribina a penalty for falsely taking the oath
required by this act, and also a penalty for
refusing 10 give up III. books, pspers. AZ
chives and property Of such offices TO the
person elected or appointed to fill the va
cancics, and for oh.trncling or resisting the
officer appointed to fill the vacancy.
SECTION 1. BE il enacted by Tho Senate
and House of Representatives, of the State of
Louisiana in General Assembly convened,
That before any person, elected or appointed
10 any office, State. parish. or municipal. in
this State. shall be commissioned by the Gov.
ernor twiit, a view 10 testing thr eligibility Of
any such person to hold The office to which
he has been elected or appointcd). such person
50 elected or appointed, shall take aud sub
sctibe Tie oath or affirmation prescribed in the
third section Of This act.
Sc. 2 Be il further enacted, ETC Tha,
before any person who has been elected or
appointed to any State, parish, or municipal
Office ~ his State, Which does no, require the
issuance of Il commission by the Governor,
SHAH be sworn into office, or enter upon the
dlScharse ii the duties Of any such office,
W III a view 10 ascertain The eligibility Of such
person TO hold office, such person Shall take
aud subscribe The oath or affirmation prescribed
10 tie lhlrl section Of this act.
SEC 3. BE- il further enac'ed. ETC., Tha,
TIE oath required 10 he taken by parties re.
ferreL 10 IN section, one and two If this &c,
be as follows:
IA b, do sn'emn'y swear (or affirm, a. the
case may be-, tina, | have no, been convicted
Of treason, parjnry, bribery, or other cti,ne
punishable IN the petti'rniiarv; that | dill not
bod office, civil or military, for one year or
more, under The organization styled "The Cen.
register myself as an enemy to The United
States; ,ha, | did no, &C, as a leader Of
guerilla bands iuring the late rebellion tina,
in lie advocacy OF treason | did no, write or
pnhllsh newspaper articles or preach ser
mons during the late rebe lion, aud jhai ! did
no, vote FOR aud sign an ordinance Of seces.
sion in any Safe,
It the person has relieved himself from the
disability Of holding office by voluntarily
writing and signing a certificate setting forth
tina, he acknowledges the late rebellion to
have baen morally and pc. Officially wrong, and
lh,, he regrets any comint' he may have given
ii, aud shall have filed u certificate IN The "iii g
Of the Secretary OF State. and i, shall have
Sale, as required by article ninfy-nine Of the
Constitution, such party, on proof Of such fact,
sh,l be relieved l.um taking The above oa,h.
But if snch person, elected or appointed to
office, claims his disabilities have been re.
moved by his having compiled with the re.
qnirements Of the provi>o 10 The ninly-nin,h
article Of the Constitution Of 1868, he shall
then be required 10 take the following oath:
], A. B do solemuy swear (or affirm, as The
case may BED that prior 10 the first day Of
January, eighteen bundled and sis,y-ci.hi, I
did favor The execution Of the laws of the
United States, popnlary known as the recous.
%trnc'lon acts Of Congress, and openly AMI
actively assisted the loyal men Of the State in
their etiofis 10 restore Louisiana 10 her posi-.
ton in the Union.
And that when any person is required 10
ike either OF the above aHi %lavlts, Ia test his
eligibility 10 office, he must lake in addition
the following oath:
Thai | never engaged in any Instruction or
rebellion agains, The United Sales, or gave
aid AMI comfort 10 The enrin!e, ,le,euf, after
having taken an oath as member OF Congress,
or as An officer Of the United States, or as n
member OF any State Legislature, or as an
or judicial t%llicsr Of any State, to
the Consultation Of The United States.
That If any person within The exclusion of
the ,llird section of the toniteenih am.udman,
10 the Constitution of The United States, who
shall have been relieved from the di-abiiilles
hetein contained by an act Of Congress. shall
be elected OF appointed 10 any office, either
State, parish. or municipal. in this State, in
lieu OF the second clause Of the oath pres.
cribed in this section Of his act. said person
shall take and subscribe the following oath
"An1 | do further s~olesnnly swear tia, !
have been relieved from The disabilities con.
tanned in the third seclion Of snid fourteenth
amendment 10 the Constitution of the UniteJ
States"
SEC. 4. BE ii further enacted, ETC, That III.
afidavit prescribed to be taken in section nee
OF This act, may he taken. sworn to, and subs
ctbed before any person legally authorized 10
administer oaths IN any parish in this S,alr.
and the same shall be led in the Secretary
Of States office for his Slate, within ,,,r,y
days from The closing Of the election II which
he may have been elected, o. from the date of
his appointment, if appointed. And If said
Hfhiavit be not taken and filed in The Secre.
farv If Ntaia'S oH,ca ,uttbt, ..,l ,l..- -