The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-12-18

districts Of the State. were treated Is ,l,r
convention itself, and by the civil and mil-
itary authorities Of the United States. as
eonstltutive acts, proper and necessary e. (
oes passed. " the constitutional convrntion.
ana tnat, as ssch, they were Snbiniifcd,
WITH the constitution proper, 10 lsle people 4
for ratification OF rejection. anal tbat ihev /
were ratified by the people a. Inc eleen6:,
held on November 80. Rad. ON b,t.cinl,cf /.
and 8, 1869.
The election held ia November and 4tl, 1
cember, 1869, ras 1i5t krit 6ager ~ an
stit,ti5a proper, because that instrument
had not thcR acquired or received any Al.
thority or sanction as a Constitution of rsey-
eminent. The election Of November 80.
and December ]. > and 3, was held ua,ler
the Reconstruction laws Of the United
States, and tRdcr the two declarations
passed by the constitutional convention OF
Texas, the one creating and defining the
four Congressional districts Of the State,
and the other known as the election decla
ration.
Ihave said above that theso two deolar
tons were treated by the convention itself,
and by civil and military authorities Of the
United States, as o5RstitNtiro acts, or acts of
the Constitution making power; and that
they were ratified as sach by the people. The
proof OF this is, s
First, That they were signed 10y the prosi-
dent and secretary of the convention. and
by all the members who signed.
second, On the twenty-tifth of February
1870, Gen. Reynolds addressed a. letter to
the Adjutant General of the United States
army, at Washington, in which he states
that he had on that day transmitted to the
general in chief of the army certain docu-
ments; he says 'there are three packages,
addressed, respectively, to the President Of
the United States Senate, the Speaker Of
the United States House of Representatives,
and Secretary of State of the United States.
Each package contains one copy of action
of Legislature on the thirteenth, fourteenth
and fifteenth amendments 10 the Constitu-
ton of the United States, one copy of the
Constitution Of tie Statc Of Tcras, as ratified
by the people at she recent election, icic, ETC.;
the copies referred 70 each ooRtdipiBg The too
declarations.
Third, The act Of Congress of April 10,
1869, provided, amongst other things, that,
at the election to be held for the ratification
or rejection of the Constitution, sthe voters
may vote for and elect the members of the
Legislature and all the State officers pro-
vided for in said Constitution and members
! General Order No. 174); Gen. Reynolds
ordered an election for four members of the
United States Congress.
Now, when the Congress Of the United
States provided, in the act Of April 10,
1869, for the election of members of Con
gress by tho people of Texas, and when
Gen. Reynolds ordered four. members of
Congress to be elected, was not this clear
recognition of the provisions of the two
DeclarationS2 There is not one word of
direction as to the number Of members OF
Congress to be elected to be found a7lychere
except in these two declarations; and, but
for tho direction to be found in these decla-
rations, Gen. Reynolds might Just as we'll
have ordered that three orathat five mem.
bers of Congress should be elected as to
order the election of four,
think these facts show abuhdantly'that
these two declarations were treated as con-
stitutive or organic acts by the convention,
and by the civil and military authorities Of
the United States, and that they were rati-
fed as such by the people.
But. it may be asked, what was the ne
cessity or the propriety of lratifying these
declarationss / answer, it was cniinently
proper and necessary, because they were the
foundation upon which our representation
In the lower House of Congress rested and
becauSe the election declaration contained
one most important. pr0cisioR That pro-
vision related to the duration of the terms
of the State, district and county officers
then to be elected en- paf
1t was foreseen that the election might
not take place at the time indicated in the
declaration, but it was intended to pre-
serve regularity in the election If the effort
at reconstruction proved successful. at the
time when the officers elected would enter
upon the performance of their duties was
uncertain, it was provided that the officers
elected shall commence the discharge of
the duties of the Office for which they have
been chosen, as soon as elected and quail
fed, in compliance with the provisions Of
the Constitution herewith submitted, and
shall hold their respeetiUe offices for tie term IT
gears prescribed By the C0astitstioa, 5cgiNQi,lg
from the day Of ttei1, election, md until their
succeE0fSdTe electeddnd Qudlifed.p Can any
thing be palmer than thisg If thisdeclara-
ton was an act Of the Constitution making
power, that is to say, If it was passed by
the convention and ratified by tile people,
is there any room for argumentl
But, it is by some confidently replied that
| the Constitution, section four, article four,
provides that-s't the Governor shall hold his
Office for the term of four years from the
time Of his instalment, and until his sue
cessor shall be duly qualified True enough.
But the election declaration was passed by
the same convention that passed section
four, article four, and the declaration was
passed after the fourth article was finally
adopted. Why was this done! TIE answer
is very plain. The fourth article was to be
rule for the, future, and the election de-
claration was rule for the particular case
of the officers then to DO elected. e
The fourth article also provides, in the
third section, that the returns for every
election of Governor shall be made out,
sealed up, and transmitted by the returning
officers to the seat of government, directed
to the Speaker Of the House Of Represents
tiYes,v etc, etc. The election declaration
provided that the returns for the election
1 for Governor then ordered should be made
to the Commanding General Of the Fifth
Military District, and We know that the re-
turns were so made
Why this diversity between the fourth
article Of the Constitution and the election
declarationg The answer is again very plain
The election Of November and December,
1859, was under the reconstruction laws,
which required the returns to be made 10
the Commanding General; whereas, the
fourth article Of the Constitution had refer
ence to future elections 70 be held after
the Constitution had become the organic
law.
You also ask me I'm cffcct) whether, in
my opinion, the validity Of the late election
can be called into question because the polls
were not kept open for four days: or, IN
other words. whether. the election law Of
the last Legislature is 4 violation Of section
six, article three, Of the Constitution.
Section six, article three, Of the Constitu-
State, district and county officers shall be
held at the county seats 81 the several coun-
ties, until otherwise provided By law; and
the polls shall be opened forfourdays from
s o'clock a. n, until o'clock =. n. OF each
day."
/ am informed that i Is contenand b