New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-09
THE TEXAS COMPLICATION.


believe it possible that 1t will be granted, as
there is absolutely nothing in the circum-
stances of the case to furnish reasonable or
decent pretext for it. To interfere in the
affairs of Texas at this juncture would be
more inexcusable than was even the inter-
ference IN Louisiana, disgraceful and out
rageOus az that was and has continued TO be-
Beyond doubt, too, the consequences would be
much moro serious, endangering tho public
peace and embroiling the whole State in viO-
lent dissensions and possibly civil war. The
condition of affairs which it is claimed calls
for the exercise OF the Federal power ID very
simple and may be briefly stated.
The present Constitution of Texas was
adopted by Convention which began its SEES
sions June /, 1858, and continued into tho early
part of 1869. The election Of delegates was
under general order issued by MajOr-Gen.
Hancock, then in command of that department,
with headquarters at New-Orleans. by the
terms of that order the polls for the election
of delegates were held open four days. 1t Is
under that Constitution that the issues in
vOlved in this controversy arise. Bearing
upon this question are the provisions as fol-
lows:
ART. w. SEC T. The Governor shall hold his iof1ce
for the four years from tho time of his install
ment. and until his shall be duly qualified.
ART. III. SEC. 6. All elections for State. DISTRICT and
county Offices shall be held at the county Of tho
several counties until otherwise provided by law; and
the polls shall be opened for four days. from O'Clock
3. IN. until O'Clock p. IN. Of each day.
To the Constitution were appended two
declarations" one defining the limits Of the
Congressional districts, the other providing
for the submission of the instrument and the
election of officers under it, and containing
the following clause:
The officers elected shall commence tho discharge
OF the duties OF the Office for which they have been
chosen elected and qualified, in compliance
with the provisions Of the Constitution herewith sub
mitted and shall hold their respective Offices for the
term years prescribed by the Constitution. beginning
from the day ~ their election and until their
arc elected and qualified.
Under this Constitution, Gov. Davis, the
present Executive, was elected Dec. 3, 1869,
and the result was officially announced Jan.
8, 1870. He was not inaugurated till April %
of that year, Gen. Reynolds having continued
as Military Governor till April IS, when the
State was readmitted to the Union under an
act of Congress of the 30th of March previous.
There is a question, it will be observed by
comparing Art. w. Sec. and the declaration"
above quoted, whether Gov. Davis's term ex-
pired in fact on tho Sd Of December and he
is only holding over now until his successor
is qualified, or continues till April %. This is
one Of the points in the e29trQyersn but p9t
tho Ole Upon which tho opinion OF the Su-
preme Court, which is the occasion of the call
for Federal Interference, was given. " The
latter goes to the constitutionality OF the
election itself, pronouncing it void and of no
effect, and leaving all the present State officers
in power.
Under law passed by the last Legislature,
an election for Governor and other State OH
GERS, Legislature, and many County officers.
was held on the 3D. Of December last. The
law under which it was held received the Off
cial approval and signature of Gov. DAVIS !;
Republican State and County Conventions
were held, and nominations made; Gov. Davis
was himself q candidate for reelection, and
there was no lisp of any question of the con-
stitutiOnality of the law or the legality OF the
election from any source until after the votes
were counted and the result announced. The
election passed off in an orderly man
no complaint of unfairness. The result was
the election of the anti administration State
ticket by $4,000 majority, with "a out of 30
Senators and 70 out of 80 Representatives of
the same political complexion. A further re-
suit was the adoption by the people of amend
ments to the State Constitution passed by the
last Legislature by two-thirds vote and sub
mitted at this time to the popular vote, which
amendments, when ratified by twO-thirds OF
the next Legislature. as it is admitted they
will be, will have the effect to terminate the
existence of the present Supreme Court. $50
The claim is now set up that the whole
election was unconstitutional and void, for the
reason that under the law of the last session
the constitutional provision that the polls shall
be kept open -four days was disregarded, and
the election held but one day. Nothing of
this. remember, until the votes had been
counted and the result announced The orgi-
nal provision for four days election was
adopted for this reason. 1t was apprehended
that the newly enfranchised freedmen might
be interfered with and inundated by the
whites if the election was held by precincts
and it was accordingly provided for their pro-
lection that the polls should be opened only nc
the county seats. To give all the voters IN tie
scattered precincts time and opportunity TO
get to the polls. the election was ordered TO
be continued four days. The clause OF the
Const;tution relating to this subject-quoted
aboye-unites, as will be seen, the two pro-
visions concerning place and time. 1t was
held, and before the election generally under
stood. that the proviso until otherwise pro-
"yided by law" applied as well to the time
of holding open the polls as to the place, and
there was no question that the Legislature,
having ordered the election to be held by