The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-01-19
Important Communication from Gen.
nosg., Hancock. ..,o.
No Ordinance Staying Executions to be
o.sau sdlha m Valid boan .. s.is
THE STATE OFFICERS MUST COLLECT
-, THE MILL. TAX.

HEADQUARTERS FIFTH MILITARY DIsrRIcr,)
OFFICE OF sEcRsrARY FOR CIVIL AFFAIRS.
sa.l-e. New Orleans, La, Jan. Is, 1865.
Hon W. H. Cooley, New Orleans, La:
ST-fhe major general commanding directs
me to acknowledge the receipt Of your communi-
cation Of the 18th inst, in which yoa ask whether
he "willenforce an ordinance which the constitu-
tntional convention may adopt, providing for q
stay OF execution on all Judgments rendered 10
this State by State courts, until the LIST of January
1870; excepting judgments for taxes, and for
wages OF laborers," ETC., and in reply to call
your attention to the 4th and 9Th sections Of the
act OF Congress, passed on the I'D Of March,
1867, defining powers Of the convention.
BY the first Of these sections 1t is enacted that
when organized il shall proceed to frame Con.
stitution and civil government according to the
provisions OF this act, and to the act to which tits
supplementary" And the eighth section pro-
vides that the convention for each State sha all
prescribe the fees, salary and compensation to be
paid to all delegates and other officers and agents
terein authorized, or necessary to carry into effect
the purposes CT this act, not herein otherwise pro-
vided for; and shall provide for the levy and COL
lection OF such taxes the property such State
as may be necessary to pay the same"
From these provisions II is clean that the con
vention is clothed with the extraordinary power
Of framing Constitution and civil government,
etc., and that il possesses no authority to deal
with subjects Of ordinary legislation, except TO
levy and provide for the collection of taxes to pay
its members, officers, ETC.; and as the ordinance
to the framing of a Constitution and civil govern
ment, 1t appears to the major general command
ing that such an ordinance, il passed by the con.
vention, would be without any validity.
Very respectfully, your obeiient servant,
W. @. MITCHELL,
Brevet Lieut.. Col o. s. A, Secretary oiv Affairs
HEApoUARTERs, Firm MILITARY DISTRICT
OFFICE OF SECRETARY FOR CIVIL AFFAIas
-. New Orleans, La, Jan. Is, 1868.
r. rerata ESQ., Auditor Of Public Aceounts New Or,eans
Louisiana: .''Ir
Sri am directed by the major general COM
handing to acknowledge receipt of your letter of
the 18th inst, in which you state that the taxes
imposed by the constitutional convention cannot
be collected through the ordinary process of col.
lecting taxes in this State" and refer the whole
matter to him for his action ~ and in reply to
state that, the tax collectors of the parishes of
Orleans and Jefferson, in their report to you of the
same date, say that "the taxpayers have gener-
ally refused TO pay the tax.r By reference to the
ordinance of the convention you will End 4" that
the auditor Of public accounts of the State SHALL
as under existing laws in relation 70 the collection
OF taxes superintend and control the collection of
said tax Of one mill per cent, and shall give i'm
mediate notice and instructions 10 the different
sberifs and tax collectorsn
1t does not appear, from your statement, that
any process for the collection OF this tax has
issued, or that any other steps have been taken,
except giving notice in the newspapers, and de.
msBd TO pay which has been refused, No resort
has been made to those coercive means to enforce
the payment of taxes, pointed out by the laws Of
the state this it Is your duty to direct the tax
collector to do; when that is done, and forcible
resistance should be made the major general COM
handing will, upon it being reported to him, take
prompt measures to vindicate the supremacy of
the law. . SOM -....rs a... :. .r
] am, sir, very respectfully.
Your obedient servant
WIG. NJ TCHELL,
Brevet Lieut. Col S. =, Secretary for civil Affairs