New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-04-10
CITY ELECTION.
New 0RLEANs, April ., lsGs.


EDITOR REPUBLICAN
Touching the subject of the city elections
the remarks of this mornings issue of the
REPUBLICAN were eminently proper. But
the report of the committee of the board
of assistant aldermen is theme of general
criticism. That report concludes by assert
ing as the opinion of the committee, ''that
no election for the officers Of the city of
New Orleans can be held at the election
which is to take place on the 18th and 18th
Instant We ask why not Has not con-
gress in the most emphatic manner declared
the governments in the rebel states
(naming them) to be illegal?
Does not that faint of illegality
attach to every coordinate branch of those
governments, executive, legislative, and
judicial and throughout every department
of state, parish, and municipal authority?
These illegal governments are only coHtin-
ued by sufferance. They continue pro-
visional until proper and legal governments
are formed by conventions authorized by
congress. Such provisional governments
are OF course yoldable, but not absolutely
void, for the reason that some form of gov
eminent is better than no government, bet
ter than anarchy and utter confusion. But
congress proposes that legal and efficient
governments shall be established in such
states as speedily as is consistent with
safety and permanency. As part of
the great frame work of rebel state
reconstruction, congress by law, March
-, 1868, directed that the con.
stitutional convention of any of the
states mentioned in the act to which this
is amendatory may provide that at the time
OF voting upon the ratification of the CON
stitution the registered voters may vote
also for members of the house of repre-
sentatives of the United States, and for all
elective officers provided for by the said
constitution"
The expression elective officers is
dwelt upon in much mistaken emphasis by
said committee. They admit the constitu.
tional ordinance directs municipal elections;
but deny the validity of the ordinance,
claiming that such ordinance must be based
upon a superior, that is upon the body
OF the constitution itself, and deny
that any such authority exists.
In the first place the point
is untenable. But suppose it true in theory;
the committee mistake as to fact. We cali
attention to article l49 of the new constitu-
ton. Among other things it is there stated:
All laws in force at the time of the adop-
ton of this constitution, and not incon.
sistent Herewith, shall continue as if it had
not been adopted
The committee mges that city election
can not now be held be Nause the city char.
ter provides for the election to take place in
March. Suppose it does. A city charter is
but legislative act that can be repealed
by subsequent legislation, or abrogated BY
a constitutional ordinance. Now this very
feature of the city charter directing cleo
tons in March is abrogated by article 154
Of the constitution, and is inconsistent
Herewith.
But that particular feature being abro-
gated does not annul the residue of the laws
constituting the municipal organization. a
law can be annulled in part, and the residue
remain in force. Therefore let it be plainly
understood, the only feature abrogated OF
changed by the convention ordinance is the
time OF holding the Iil'st election in forming
g legal government. The present municipal |
government IS only provisional. After this
hrst election the existing laws touching New
Orleans would control, unless changed by .
future legislature. This is plain from
articles l49 and l54 of the new constitution,
This view completely avoids any chance for
the confusion referred to by the committee.
The committee alleges want of force and
dignity in the convention ordinance as COM
pared with the main body of the constitu-
ton. How can the ordinance be called in
question? Who can do il? 1t would seem
no power on earth can do so but congress,
II is clear no contest touching che validity
Of the ordinance can be entertained before
the supreme court of the state. The SUI
preme court is the creature of the constitu.
ton, as also the other coordinate branches.
Except as limited by congress the Louisi-
ana convention possessed ali the implied
sovereign authority that any organic con.
Vention can possess.
The manifest purpose, spirit, and intent Of
the reconstruction laws of congress is that
the illegal governments mentioned should
be as speedily supplsnted by legal and Ell.
Gent governments as is consistent with sta
bility and safety.
Congress intended that this work of re.
construction should be thorough, general,
and uniVersal-c0mplete in the state,
parish, and municipal governments.
POI LOCK