Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1842-08-06
Il For The Gazeue..

thW ftttfth t"I Ills III A%f5 III 4fALIt anu
al session specifying the alterations intende
to be- made, for taking the sense offfe f,eopl
BIZ to The necessity and e1pedfeaeYe of daIiang
convention, it then becomes the duty 9th
returning officers Of g sections 10 open a p01
for and make return Of the nan,es Of all tiios,
who have voted for eating a Contention, an
II from the returns a majority of all the ei
t,zans entitled to vote have roteI for o Con
peazion, the General Assembly shall direc
that a similar poll shall be opened and taker
for the next year, and II theteupon d nrajorit'
az before have voted for a Gunrenfiga, tn,
General Assembly shalt at their ,,euf scssio1
call a Convention composed Of members
equal 10 their body, TO meet within three
months after their election for tho purpost
Of re-4doptiny amending or changing thu
sConstitutign.''
Tho first enquiry and indeed the only one
whlcl, arises, IL the duties imposed on the le.
glslature and the rigltta or consequences fow.
ing from Tier performance. Tue fret move
uswards calling q Convention (fer there are
three several and distinct sters in the pro-
ceas), is discovered in the action Of the Iegia.
I iature, when, within the first twenty days OF
ifs annual session it passes a law specifying
the alterations intended to be made or in
tb5 Woif4Ny abAbiiif Bg VI HIIGlH lHGY T HITu
the Constitution defective.
If the people by their subsequent vote, un-
der this law, accord with their representatives
in the proprieiy Of ealzing . Convention, The
Assembly again pass an net droftinr a sizuf.
lar poll 10 the first to be taken, but wi bout
any suggesfed alterations. If under the last
mentioned law the vote is favorable to the
call 81 the Convention, the article prescribea
fIA,a ,.,hat afaIf lu54I4x E-4f - I., r ii
Legislature, viz TO pass a law for calling Il
Convention, ITO re-adopt, amend Or Change Mis
Constitution"
The Convention IN constituting its powers,
will look to the last net Of The l~egdginfure, bc-
ca 50 here. and in the Inst clause Of the afti.
clio, they find the object for which they have
been assembled; and these contain no ~restric-
tlona. This view is strengthened when we
reflect, that the drst provision in the article
referred TO, can on]y be considered, as making
part of the naode or means to bring about the
end proposed, viz the callsof a Convention.
1t is no where declared, that this body, when
assembled, shall be restricted in it, delibera-
tons to this tntenae1 alterations, suggested in
the first act Of the legislature, but, on the
contrary, The door opens as we enter, and the
powers conferred, seem only limited by the
Federal compact, which secures to the people
a Republican form Of government.
1t is clear the law Of the legislature con-
suggestions Of intended alterations, il
not addressed to the Convention, or binding on
it, and that they are not binding on the PEG
Pile is evident when they vote a second time
for a Convention, under a law giving it pie
nary powers
To all this, there is one answer, the people
have IN the first ~iiiBtance voted Tor tf,e call OF a.
under a law of their Ie rjslasure, |
setting forth certain intended alterations.
1t is granted The people have done this |
'nt surely no one will contend the people
nave not by their SECOND vote on the same
the right to enlarge their views and
o call a Convention TO carry them info effect.
The people are first prepared by allusions 10
alterations merely, but, the "denonc- |
nent" ia a plain open proposition, to4subutit |
o a Convention assembled by themselves, the
of a re-adoption, amendment, or
Of their Constitution.
Tue article is badly, ciumsily worded, and
Interpretation 'nay be given it. there
Will always be found, honest prejudice
enough, arrayed on the side Of those persons
Who fear to trust the people and look with ap-
'rehension to the final issue Of our experiment
n self goverfiment,sto make it a subject of
and angry disputation.
CANDfDus.
REnAaKs.-The question here introduced is
me that has been frequently rnooted in our
presence, but which, al the same time, has Al
Fafs appeared to us so clear and explicit,
bat we have never considered it worthy Of
in print. In fact, we have been at
loss, and still are, to discover how an issue
ould be made on a point that seems as def
ittely settled as any thing can be by constitn-
ion and law. But knowing the author of the
.bove to be a gentleman Of reelection, studious
nd erudlte, We viii throw aside all hasty
onciuslons, and, taking the Constitution and
ne law passed under it for our guide, care
ully consider tbs position he has assumed,
IL:
hat the Convention, when assembled, will
rltnarv, invested with all the power neces-
to modulate, az they may deem proper,
ur present constitution, or eEen to cast it
side Experimentation a new one.
This IS clearly the conclusion to which our
language leads, and to which, we be-
ieVe, he has. arrived.
70 discbafge our duty faithfully. we must
rst revert TO the constitution. The article
the manner by which that instru-
aert MAY be amended, is not literally quoted
hove, although the copy is sufficiently correct
orsoar present purposes. In it there are fire
istinct points 10 he noted. !,
lst. Ii is left 10 a majority Of the general
ssembig or legislature to determine when
experience shall have pointed GU. the neces-
ity Of amending the Constitution. q
I'd. That the general assembly, when they
ave determined on said necessity, shall pass :
law, specifying the alterations intended to +,
e made !" or in other words, the alterations
Experience has proclaimed requisite. (;
Sd. This law must be submitted to the peo-
10 be approved or ~disapprovei of at the
general election. +,
4th. Though the law be approved at the +,
rst ensuing election after It's passage, that :
is not final it must be affirmed by a
Of the electors Two years afterwards, :
r the Convention cannot be called 8
9th. This done, the Legislature announce to :
he people that a Convention has been con- /
titutionallydecided upon, and that at the next f
elections, members TO said cerven- !
on must be chosen in the same manner, at
le same time and places, and in equal NUM-
ers. that the representatives are.
These are the leading points IN the 7tb ar
Gle OF the Constitution, and winch WE pro-
ose briefly to consider in connection with the 5,
beye observations. :
The hrstzand second steps spesidcd in the
onstltutlon for It's own modification or .
nendrnent, have been alreadv taken. and. as (.
very one knows, perfectly accord with the :
ne OF procedure designated in the I'd. and Cd. .
oints above.
The IeriS1aturs nf 1871 daeiaad .h,x aax l