The Planters' banner. [volume] (Franklin, Attakapas Co., Lou.) 1849-1872, 1869-06-16

] Of ST. MARY, NTTAkAkAO Il, "
as the organic law Of the perusasent civ
government of the State Of Louisiana. Z.
II At the time Of the election ef n aud l6t
April. A. d. l66es thers Wa 90 civil govern
ment; and the only aathority 10 be found fc
said election, is contained in article l53 IN
l54 of the Constitution. Ia E-ss.s -yy
!" Tho election for the ratifcatios Of th
Constitution shall be held on Friday an
Saturday. the seventeenth and eighteent
days of April, 1868. etc." Art. l53.
"In order to establish civil government
as required by act Of Congress. passet
March 23d. A. d. 1867. an election shall b
held at the same time and place At which th
Constitution is submitted for ratification, 70
all State. judicial. parish and municipal of
ces. tor members Of the General Assembl,
and for Congressional Representatives
etc."
Nv" - 40 wy OcAt0Au tttot a. tu0 bluAo Y
the election there was no civil government
1t is also plain enough, that when th'
General Assembly was convened on the 2Stl
June, 1853. there was nsne. ~ sas g -
1t vas made sine qua non, by Congrsss
that the States in rebellion, should, BY thsi
Legislatures. approve the l4sh snendnsnl
before they should have civil government,
and that their Constitution should be sccspt-
ed by Congress.
The Legislature was convened and open.
ed by orders from Washington, addressed e
Lieutenant Governor Oscar j. Dunu HI
controlled the whole thing; and 50 far did he
iguore the Constitution of tho State. by yir.
tue Of which that Legislature was convened,
that. ho ignored the suaicisncy Of the oath
of Office therein prescribed aad required
members elect to take AMI subscribe the
oath prescribed by Congress and known q.
the iron cl=d oath. This was done ON the
ground that We then had 10 govsrnmen,
under the Constitution.
That body then was not the Legislature
of the civil government; Il was called "a
ratify the 18th amendment, and to establish
civil government by 20 doing. ds5gi zg
This being done. we think l. expired.
There then existed oivil eovsrnnasnt
under which, Representatives should have
been elected according to Art. u. which de-.
clares that Representative. shall be chosen
on the FIRST Monday Of November, otc., and
the election shall be completed in one
day." p @ g. '@ .ta
That body was necessarily Janetus cEeio.
ifthe articles is and II Of The Constitution
were impressive. lsi aas ss@ ss.t es7l
This view Of the law is strengtheusd BY
reference to Art. 30. wherein (slludiue 10
the government under the sanctions Of the
oene.isuss1a, au9 arrsr ats Organization &C.
cordiDg to act Of 23d Of March. 1867, Of
of Congress.) mo SESSION shall . xtsnd be-
yond the period Of sixty days. to date from
its commmencemsnt; and any Legislasive
action had after tho sspirssicn of said period
Of sixty days shsll BE- nsll ssd void. Bot
tho first General Assembly that shah con-
vene AFTER the adoption of this Constitu.
ton may continue in sessionfor one hsndred
and twenty days" 95 z,ssaI k.- snsr
This, then. was the allotted life of the first
General Assembly. Its term Of existence
was thus fixed BY the Constitution itself.
Its fife then expired abost tho Constitutional
time.-6rst Monday Of November. lS6e-for
holding an election for Representatives. '2'
Those who maintain the contrary doctrine
quote Art. l56. Of the Constitution, which
says that. .Alf eivil oaicsrs thus elected, %
the 18th and 18th ApsiA A. D. le60, shan
enter upon The diseAasgssf their satiss, .seo..
and shall esntinas iale1ies, for he term Of
their respective od6ees shsrsis pssscsibsa.
said terms to date from the fsse Monday In
November following the election" - :.
We have shown that the language Of the
Constitution of tho United States & isldsntical
with the above; and that in. ths case of Wm.
Blouut, Senator from Tennessss, it Vas a.
pressly declared, that Representativs n
Congress Is not sislf olEoer within tho
meaning of Tho Coastjsstisa. isissg sF d7iii
Itwoald seem to fslls~ thst . Rsrssssuts-l
tive Of State Legislatsss 10 cot . civil O.
Ger. If he be not, them isthe whole question
at an end, and new Legislature should be
elected on the first Monday Of November
ucxt. sSE g @ arali1sSa szzaA b bsza iaii
"Civil Offices" says Bouyier. "may be
classed into political, judicial and ministc-
rial.ss sag1 Ags vsg eaEs Egidfw 4
The political oaices ass such - are not
,onneoted Immediately with the adminisesa-
ion Of justice, or the sxseu6essf - msn.
lasss OF superior o6isess IL. ol1oe sf De
President Of the United StaAas. Of the hssas
# departments. Of the neabsrs Of the. Leg
stature. are Of this namber.. .vssus-s
By the light of this ds6aiHon wscaa more! |!
'as'lyr understand The &psse and meaning oil
he language of the Constitutional oath no.
Inired TO be taken. ..Nsnbers of the Gen.
'ral Assmbly. asd al oeAsr oGfosss, etc."
It lis seen that they are sd8cers, but they
ire political. and not 's.civif okcers,' = such
y come within the meaning Of Art. fss, oil
DO State Constitution. Our readers ars |
eferrcd to Senate Journals Of ths United |
Rates. Of January 10. 1889. Story on tho
Constitution. g 80. 7oi. sa sa
We are not prepared to say that there isI
p radical distinction between tie two Con-
titutions. such as wosld pssclads m arga-