The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1873-12-20
THE ELECTION AND TENURE OF
OFFICE.


officer who has, received his certificate
Of election, taken tho oath and given
bond. Parties paying taxes to the old
officers, after these acts, will be liable
to pay again. We have no feeling In
the matter, but wish to avoid all COM
,plications, and have harmony.
Here follows the unanswerabie opin-
ION Of Judge Bell, which agrees with
that given in writing, September l4th,
1872, by George F. Moore, Richard
Coke, Thomas J. Deyine, Charles 8.
West and William N. Walton, q COM
mittee appointed by the Corsicans
Democratic State Convention two
months before. They carefully exam
ined the question in all it, bearings
i've weeks before deciding Who are
these men9 George +. Moore and
Richard Coke, formerly Judges Of the
Supreme Court Of Texas; Thomas J.
Devine, for twenty years District
Judge; William NJ. Walton, Q former
Attorney General Of the State, and
! Charles 8. West, one Of the ablest law
yers in the State:
ttJ Houston, December IL, 1878.
/ james H. Baker, Esq: o,
Dear Sir--Your note Of this date, re-
questing me to give you my opinion o.
terms Of those nov holding State and
.>f57 moo Ia, aud ol~ n
the validity Of the late election In this
State, has just been received.
certainly have no desire to parade
any opinion of mine before the public,
and would ordinarily decline to par
ticipate in a newspaper discussion Of q
legal question; but In the present In
e stance, the courteous manner in which
you solicit an expression of my Opin-
ion, in your capacity as q public jour
naiist, coupled with the fact that the
questions propounded are Of great pub
lie concern and are undergoing more
or less discussion amongst lawyers,
generally, inclines me to comply with
your request. f''.
have read your opinion in the Mer-
sury Of the 10th instant, and also the
opinion OF Mr.. Alexander, the AttOr-
ney General, and do not concur in
the views expressed either by the At
torney General o. yourself
:, The election declaration passed by
the convention which framed the
present Constitution was not, 1t IL
true, part Of the constitution proper,
because the Constitution was intended
to be the organic law for the future,
while the election declaration was in
tended to serve particular purposes,
O and was in its nature temporary. But
the election declaration was, neverthe-
less, q constitutive act, wholly different
from the numerous legislative acts
passed by the same convention. And
+ believe the historical and legal facts
to be, that the election declaration and
the declaration creating and defining
the four Congressional districts of the
State, were treated by the convention
itself, and by the civil and military
authorities Of, the United States, w
eonstitutive acts, proper and necessary
to be passed by the constitutional con-
ventiOn, and that, as such, they were
. submitted, with the constitution prop
er, to the people for ratification or re-
lection, and that they were ratified
by the people at the election held on
November ~, and on December !, 2
and 8, 1869.
The election held In November and
December, 1859, was not held under the
Constitution proper, because that In
strument had not then acquired or re-
ceivei any authority or sanction as .
Constitution ofgovernment. The cleo
ton Of November 80, and December !,
2 and 3, was held under the Recon-
struction laws of the United States. and
under the two declarations passed by
the constitutional convention Of Texas,
the one creating and defining the four
Conversational districts Of the State, and
the other known as the election decla-
ration. .,.,
3. / have said above that these two dec
larations were treated by the conven.
lion itself, and by civil and military
authorities Of the United States, as
constitution acts, or acts OF the Consti-
tution-maktng power; and that they
were ratified - such by the people.
The proof of this IL:
First, That they were signed by the
President aud Secretary Of the Con-
vention, and by all the members who
Second, On the twenty-fifth Of Feb
ruary, 1870, General Reynolds addressed
: letter to the Adjutant General Of the
United States army, at Washington, in
which he states that he had on that
tlav transmitted to the General-in-C Chief
of the army certain documents; he says !
dthere are three packages ad iressed, re- |
sr,ectively, to the President Of the |
United States Senate, the. Speaker of
the limited States House Of Represent
sfIves. and Secretary of State Of the |
United States. Each package contains
me COPY OF action Of the Legislature
an the thirteenth, fourteenth and hf
fcshtb amendments to the United
ttater one copy Of the Constitution Of
the State Of Texas, ~ ratified BY the
if,eopIe At therecent election" ETC., etc;
Ire comics referred 70 each containing
the two declarations
Third. The act Of Congress Of April
10. 1883, provided, amonest other
thinss. that, ut the election to Be held
for the ratification or rejection OF the
(onsfitution, 1.-THE voters may vote for
and eiect the members Of the Lsgisls-
ture and ali the State officers provided
Tor In said Constitution and members
~ (,on9ress;" and, In his election
order (t;eneral Order No. l74) General
nsvnolds ordered an election for four
rncmbeTv of the United States Con-
Nov. when the Congress Of the
yJnitsd States provided, In the act of
Anil 10. 1889, for the election Of MEM
- Of CouRress By thepeeple Of Texas,
ma when General Reynolds ordered
four members Of Congress TO BE elected,
~ moi chs clear recognifion OF the
- If the two declarations