The Placer herald., 1866-09-15
THE NEW ORLEANS RIOT.

Gentlemen of the Grand Jury:
The riot which occurred on Monday last
has filled the breast Of every considerate mem.
Der Of society with sorrow for the un,imely
fate Of so many of our fellow beings. The
cause Of the riot has no parallel in history
1t will he remembered in 1864 convention
was called by order Of Major Genl. Banks,
general order No. 35,) commander Of this
department, for th" purpose Of amending the
constitution Of 1862 OF the State. That on
the 25lh Of July following they concluded
their Iabors by adopting The present Consti
tuition, which was submitted to The people on
the first Monday Of September, 1894, and
adopted by them.
BY the l47th article Of the Constitution
the mode Of amendment is clearly pointed
out. BY the l54h article of the Cons'i,u-
ton an election was ordered and the State
Government went Immediately into effect,
and has been in successful operation for
nearly two years, and hesitate not to say,
as Efficiently rs the most sanguine could
have expected Immediately upon the close Of
the war.
That, notwithstanding complete const.
tuition adopted by the people, portion of
The members Of the late Convention Of 1864
took it into their heads that they would as
ssemble and form themselves into conven-
ton with the avowed and previously adver'
lised purpose Of allerng the fundamental
law OF the State under resolution that was
never made par; Of The Constitution, and
consequently superseded by it, leaving them
without the slightest legal pre,ext for assem-
bling. The constitution that these men
made in 1864 contains provisions entirely
Inconsistent with the resolution under which
they pretend to have the right to meet.
In the l53d article Of the constitution a
provision is made for a proclamation of its
ratifratitn in these words: IF it shall ap-
pear at the close that majority of all votes
given in are for ralifying this constitution,
lben it shall be the dnty Of the Governor to
make proclamation of the fact, aud thence
forth this constitution shall be ordained and
established as the Constitution of the State
of Louisiana"
The proclamation was duly made.
In the 147Ih article Of the same instru,
ment the mode Of amendment is clearly
pointed out in these words:
ANY amendme, or amendments 10 this
constitution may be proposed in the Senate
or house Of Representatives, and il the same
shall be agreed TO by majority Of the mem
bers elected 10 each House, such proposed
amendment or amendments shall be entered
on their journals, with the ayes and nays
taken thereon. Such proposed amendment
or amendments shall be submitted to the
the people at an election to be ordered by
said Legislature, and held within ninety
days after the adjournment of the same. and
alter thirty days publication, according 10
law, aud it a majority Of the voters, at said
election, shall approve and raify such amend
ment or amendments, the same shall become
part of the constitution. Ifmore than one
amendment he submitted at time. they
shall he submitted in such manner and form
that people may vote for or agains. each
amendment separated"
The l54th article orders general cleo.
lion throughout The State.
The l40th article adopts the law of the
State in these words: "All laws 10 force at
The time of the adoption Of this constitution
and not inconsistent tbere~ith, shall con.
tnue as il the same had not been adopted
The second clause of the 1881 article Of
the constitution declares that 'lhe city Of
| New Orleans shall maintain police, which
Shall be uniformed with distinction OF grade
to consist cf permanent citizens Of the State
Of Louisiana" A clause unknown 10 other
constitute, n.
These words and clauses in the conslitu
ton OF 1864 not only show that the conven
,ion had completed its work when the con.
sltu,on was ra ifed by the people, but that
i, has thrown around it the strongest sate'
guard for its vindication.
With these facts existing It could not be
supposed that any people could submit to
have their fundamental law altered in any
particulars without their consent; and do moi
hesitate to say that there is not a town. city
or State throughout the length and breadth
Of these United States that could or woulu
submit to have their charter or constitution
altered without warrant Of law or consent o
the people TO be governed.
Yet, gentlemen, 10 the face Of these stub
born facts, and the natural consequences thai
would grow out Of them, few weeks ago il
WAS announced ty thirty or forty OF the late
Convention, first IN secret concIave, and at
terwards in the journals OF the city, that they
intended to meet on the 3Olb inst, for tbs
purpose Of altering the very Constitution
that they had made. and under which th'
must Of them had held office.
This, gentlemen of the Grand Jury, wa
treated tor some time by the whole commu
ni'y as the mere vspor Of disappointed AIN
bi'ion or the boast Of dementsd persons, bu
few believed that they entertained seriously
any such intention.
AS member Of the late Convention. ant
now one OF the conserva, ors of the peace,
believed Otherwise. the press believed other
wise. and every possible means Of dissuadine
the leaders Of The illegal proceedings from
proceeding further 10 an enterprise whicl
nearly ell beIisved to be mere farce, whicl