New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-06-19
PROCLAMATION


OOnahbubiOhal SonVen1On cTeaLlhg tnis
Board, passed February 10, 1865, this Board
is empowered, and it is by said ordinance
made the duty of this Board to take control
of ''all matters of execution or of detail not
fully provided for in said reconstruction
acts (of Congress) and Constitution (of
Louisiana), and in case OF the non.sction of
any officer of the State or District Com
nlander, or any omission in carrying out
said law, regulations, or ordinances, or de-
tails necessary to carry into effect the pur-
poses OF said act according to their letter
and spirit;n and
Whereas, The District Commander of the
Fifth Military District in his Special Order
No. l21, promulgating the election of civil
officers in Louisiana, dated June 2, 1868,
has failed to recognize the requirements of
said Constitution, which provides
First, That "all civil officers thus elected
shall enter upon the discharge of their duties
on the second Monday after the return Of
their election shall haue been officially pro-
n,ulgGted, or as soon as qualified according
to law, and shall continue in Office for the
terms of their respective offices herein pre-
scribed, said terms to date from the first
Monday in November following the cleo
ton. (see srticle 1853 of Constitution.)
2. 1.-THE General Assembly elected under
this Constitution shall hold its first session
in the city of New Orleans on the third Non
day after the official PRONUNCIATION aforesaid,
and proceed, Immediately upon its organi.
cation, to vote upon the adoption of the
fourteenth amendment to the Constitution
of the United States, proposed by Congress,
and passed June Is, 1868, etc. (see article
1853 of Constitution.)
He, the said District Commander, having
refused to recognize the requirements of the
Constitution, as above shown, in his said
order, in the following languages 1.-THE
General Assembly will NOT convene until
the Commanding General shall have been
officially notified of the acceptance by Con-
gress of the new State Constitution. Imme-
diately after receipt of this information a
day will be appointed for the meeting of the
General Assembly to take action upon the
amendment to the Constitution OF the United
States, known as article fourteen, and to de-
fine by la,o the pol0ers and duties pertaining
to he Offices ne,oly created by this oonsttt.s-
ton"
Article 15s of the new Constitution Of
the State provides that the terms of all civil
officers elected under it shall date mot be.
gin) from the first Monday in November fol.
lowing the election. Therefore the officers
whose election is herein announced will
only enter upon and hold their offices from
that date;n and -
Whereas, The failure to inaugurate the
State officers elected under the new Con-
stitution at the time appointed by the Con.
stitution would necessarily prevent the
General Assembly's legal existence, as we'll
as action upon the fourteenth proposed
amendment to the Constitution of the
United States (the present acting Governor
being constitutionally unable to approve
any act of said General Assembly, and with.
out the approval of the Governor it being
impossible for any legislative ENACTMENT to
become law, and thus effectually prevent
Reconstruction in accordance with the laws
of Congress, which provide that ''the
Legislature elected under the Constitution
shall have adopted the amendment to the
Constitution of the United States proposed
by the Thirty-ninth Congress, and known
as article fourteen" (see section 5, law
passed March 2, 1872 prior to admission
into the Union, the adoption of said Con-
stitutional amendment by the Legislature
of Louisiana being thus rendered utterly
impossible; and
Whereas, The Commanding General is not
above the laws of Congress, nor is he above
the Convention that framed. the Constitu-
ton under which these officers are to be
inaugurated, both being the creatures of
Congressional will, independent of each
other, yet both subject to the paramount
authority of the Congress of the United
States; and
Whereas, The Reconstruction Laws fully
empowered the Constitutional Convention
to govern all matters of detail in regard to
the inauguration of the new government
authorized by Congress; and
Whereas, Said Constitutional Convention
has delegated its full powers in the premises
to this Board, which is the legal represent.
alive of said Convention; Now, therefore,
/, s. B. Packard, Chairman of the Board
of Registration aforesaid, in obedience to
the duty imposed by said Constitutional
Convention upon, and by virtue of the
authority thus vested in this Board, do
hereby notify all civil officers elected under
said Constitution that said Constitution re-
quires that they qualify and take possession
of their respective offices on Monday, June
Is, 1868, in accordance with Article 1853 of
Constitution.
also notify the members Of the General
Assembly of Louisiana, elected under said
Constitution, that by Art. 1853 of said Con-
stitution they are required to convene in
the city of New Orleans on Monday, June
%, 1868, at u NJ; and further notify all
civil officers now in Office that by the new
Constitution their terms of Office viii ex.
pire at II NJ. on Monday, June Is, 1868, at
which time they will deliver up ssid offices, /
with all sppurtenances thereto, TO their
successors declared duly elected by the
Special Order No. III Of the Military Com
mander of the Fifth Military District, issued
June 2, 1865; Proptded That in all cases
where the officers elect do not qualify &C.
cording TO the laws of Congress and Of this
State, present incumhents win hold over
until such officer shall qualify, or successor
shall have been appointed, or an officer
declared elected who is able to qualify.
s.B. PACKARD,
Chairman Board Of Registration.