New-York tribune., 1868-06-11
THE LOUISIANA TROUBLE

REBEL MAYOR RSIALLED'
Nrw-O ORLEANS, June 1O.-At noon, to-day,
Mr. Conway the newly elected Mayor Of this city, pr
-euted himself at the City Hall, aud handed Mayor
Heath copy Of Gen. Buchanans order annou ncing the
yormers election 10 the Office Mayor Heath replied that
he knew Of 10 law authorizing the election, and fur
therore that he did not acknowledge tie authority OF
Gen. Buchanan to make such order Mr. Conway re-
piled he had called in obedience TO the order to as
suBe the dates Of the office, and that If Mr. Heath did
not acknowledge its authority, he should be under the
neoessyOf reporting fact to the
Mr. Heath replied II decline to give up the Office" Mr.
Conway then went to Headquarters and at hafpast
two accompanied by Capt De Russy OF Cen Buchahans
stad retuTned 70 the City Hall and informed MI Heath
that he had come 70 execute the order, which nc
resented addressed Capt De Russy signed by the Ad
jntapteneraD directing him TO proceed to the City Hall
and install Mr Conway as Mayor Mr. Heath rephed
that he had been duly appointed Mayor OF the Cly OF
New-Orleans that his appointment was confirmed 10y
Congress he knew of election that was legal OF
successor TO I'LL his place, and that therefore ne dld
not recognize the authority Of Buchanan TO remove
him.
Capt De Russy retired and produced squad of police
and placed Mr. Heath under arrest and ordered him TO
deliver the books. Keys and office TO Mr.. Conway Mr.
Heath refused to comply without written order which
was gwen him. Mr. Conway then took charge of the
Mayors Office, announced as his Secretary John W.
Overall.
Judge Whitaker informed Capt De Russy that writ
Of quo waraa0 had been granted by Judge Dupaner OF
the Sixth District Court upon Mr. Conway. Capt. De
Russy replied that Mr. Conway was instaled the writ
would take its proper course but could not interfere with
The duties which he then discharging. Mr. Heath
having turned the keys and books was released on
parole
(ov4 Ta Pms m all
Gen Buchanan sent a communication 10 Mr.. Heath de
string his presence at headquarters at his earliest
Dience Mr.. Heath replied that he was officially engaged
but would call at the earliest opportunity compatible
with his official duties.
Nj Heath received letter to-day containing the sim
pie word stick purpOrtng to have been signed by 5000
Republican friends. Excitement runs high, and strong
body Of police is stationed at the City Hall
Messrs. Becker and Massca the Recorders elect for
the First and Third Districts have been qualified. The
incumbent Of the RecOrdershp of the Third District
fuses to surrender the office, it might prejudice the
election contest in which he is engaged.
PROCLAMATION BY THE BOARD OF REGIsTRA-
TION.
BOARD OF REGIsTRAIoN, STATE OF LOUISIANA
NEwORLEASs, June 8, 1865. :
Whereas, BY the ordinance of the late COnstitu-
as is6s This Board is empowered and It is by said oTd
pance made the duty Of this Board to take control OF
all matters Of execution Of detail not fully provided
Tor in said Reconstruction acts (of COngess and Const
uOn of louisiana and In case OF the n0naction OF any
Dicer of the State District Commander, any omis-
non in carrying out said law regulations or rOrdnances
details necessary to carry into effect the purposes OF
Iad act according to their letter and spirit;" and
Whereas, The District Commander Of the Fifth Military
District in his Special Order NO l2 promulgatng the
election Of civil officers in Louisiana, dated June p 1868
failed TO recognize the requirements OF said Constu
First That ali civil officers thus elected shall enter
ppon the discharge of their duties ne second Monday
promulgated as soon rs qualified according to law and
iha continue in office for the term OF their respective
offices herein prescribed said term to date from the first
Monday in November following the election (see article
a The General Assembly elected under this Consttu-
ton shall hold its first session in the City of New Orleans
D the third Monday dtier te Official PRONUNCIATION GtOre
vote upon the adoption of the fourteenth amendment
the Constitution OF the United States proposed 10y Con
gTess and passed June 49, 1861 etc. See article 59 Of
He the saId District Commander having refused to
recognize the requirements Of the Constitution
shown IN his said order, in the following language:
manding General shah have been officially notified Of
the acceptance by Congress of the State COnstitu
ton Immediately after receipt Of this information
day will be appointed for the meeting Of the General
Assembly TO take action upon the amendment 10 the
Constitution Of the United States known article a. and
70 define by law the powers and duties pertaining to the
"Artice l5S OF the Constitution Of the State pro
vdes that the terms Of al civil officers elected under it
shall date mot Begin from the first Monday in November
following the election Therefore the officers whose cleo
herein announced will only enter upon and hold
their offices from that date !" and 49, g.. ar
Hheeas The failure to inaugurate the State officers
elected under the Constitution at the time appointed
by the Constitution would necessarily prevent the Gen
eral AsSebys legal existence well action upon the
fourteenth proposed amendment TO the Constitution Of
the United States Uhe present acting Governor being
cODsuti0naly unable 10 approve any act OF said Gen
eral Assembly, and without the approval Of the Governor
it being impossible for any legislative enactment TO be
come law, and thus effectualy prevent reconstruction
IN ACCORDANCE with the laws Of Congress. which provide
that 1.-THE Legislature elected under the Constitution
shall have adopted the aendnent TO the Constitution OF
obi unircd States proposed by The s,grn congress
and known article fourteen lsee section s. law passed
March 2 1861 prtOr 10 admission into the UnOn the
adOpOn OF said constitutional amendment by the Legs
ature Of Louisiana being thus rendered utterly mpOss
WhSreos The Commanding General Is not above the
laws Of Congress, is he above the Convention that
framed the Constitution under which these officers 10
be nauguated both being the creatures Of Congressional
will independent Of each other yet both subject 10 the
paramount authority Of the Congress OF the United States
whereas The Reconstruction laws fully empowered the
constitutional Convention 10 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 representative Of said Conventions Now therefore,
J. S. Packard Chairman OF the Board of Registration
EtuOnal Convention upOn and by virtue OF the author
ly vested in this Board do hereby notify all civil
officers elected under saId Constitution that said Cons
tuuOn requires that they qualify and take possession OF
their respective offices on Monday, June 10, 1865 IN
cOrdanee with Article 15s OF Constitution.
also notify the members OF the Generd Assembly OF
louisiana. elected under said Constitution that by Art
the City OF Orleans on Monday, June a. 1868, at
IN; and further notify all civil officers now IN Of
nee that by the new CONSTITUTION their terms OF office
will expire AT y m on Monday, June l5 1865 at which
time they Will deliver up said Offices with all appurten
by the Special Order No q Of the Military Commander
of the Fifth Military District, issued June q 1863 Prom,
ded That IN all cases where the officers elect 40 not qua
iy according the laws Of Congress and Of this State,
present ncumbents will hold over until such officer shall
qualify or successor shall have been appointed or an
DlicCy declared elected who is able TO qualify
S. b. PACKARD, Chairman Board OF Registration
R. G. RICHARDSON, Secretary.