New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-07-11
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shadow of claim to represent the sovereignty
Of Louisiana. Two facts are sufficient ei1eo-
tually to dispel any such illusion-one that
the. constituency supposed to be represented
in the convention Of ga comprised far less
than majority ofthe people, or of the voters
Of the State the other that the convention
was the creature of military authority--of Am
i authority which although for a time para
4 mount within certain territorial limits, was
essentially antagonistical to the sovereignty Of
the people Of this State Any assemblage
emanating from that authority could not pos
sihly possess greater powers than those of
the originating authority and when that
lapsed, all powers emanating from it, or de
pending on it, necessarily lapsed likewise.
1t was only by the tolerance of the people Of
Louisiana that the Constitution of "a was
recognized as the fundamental law of the
State. 1t never was the fundamental law
until it had been SO recognized, through the
series of elections held under it, which had
the force Of an implied popular ratification.
The facts to which We have above alluded
are clearly set forth in pamphlet letter ad-
dressed by Mr.. Thomas D. Durant to Henry
| Winter Davis and are made the basis of the
argument BY which the former gentleman dis
poses of the pretensions of this mythical con
vention at the very moment when it was really
exercising some sort Of authority, under the
control Of military officials.
The convention in question was called into
existence not by any popular demand, not BY
any Legislative action, but by general order
No So, issued by General Banks. That
commander had declared the Constitution of
Louisiana to be still in existence, yet he called
Q convention IN manner not known to the
Constitution, and which, in the very form of
its organization was inconsistent with that
instrument Now it would be absurd to deny
that General Banks with an army and navy
at his back could violate the Constitution as
much as he chose could set it aside could
restore i'll; could abolish it that he could
translate the inmates Of the penitentiary on
the worzhouse into convention and compel
them to frame thing called.a Constitution
that he could force people to go through the
forms Of elections in the territory under his
control, and vote for any candidates he might
set up but it would be just as absurd to sup
pose that convention constituted in such
manner represented the sovereignty of Louisi-
ana, on possessed any more authority than
could be enforced BY the bayonets Of General
Bankss army.
Mr.. Durant likewise shows that when this |
pretended convention was held the federal |
forces held possession of less than one-half Of
the State, considered either as to area or as to
population and that even within the par
ishes nominally within the federal lines only
8402 persons voted on the adoption of the
Constitution, and Of these 1866 voted in the
negative So that the votes Of 1886 persons.
ont Of an aggregate Of $4,000 voters, have IN
posed Constitution on the State and the
OF a convention representing only the
servants Of military dictation, and itself the
creature Of military authority, now has the
TO claim that in its hands rests the
sovereign power of the State Nj. DID
rant intimates, what Governor Wells
has broadly asserted, that many, even,
indeed, vast majority, of the votes
returned Bers fraudulent Most Of them
were east by newcomers, and discharged
soldiers and many delegates to the CON {
7ention were chosen on board of United
states gunboats, or at some extempoIised elee- a
ion precinct. People who We're here at the t
ime had ample opportunity to witness these e
hamelsss proceedings; for very little effort a
vas made to- conceal them. They were off C
tally exposed by the report Of a committee 5
ppointad at the recent session Of the leeis- c
ature, and by Governor Wells, in previously n
letters and speeches, The dedud- #
-on from all Of this is that even at the time Il
hen, under military supervision, it con r,
'olled this portion Of the State the so-called Il
anyention Of 64 represented but an incon- fc
Iderable fraetionof our people and that the s,
ananant which is impudently claiming to Up
2ntFol supreme authority now represents t
obaay but a set of disappointed office seek S,
Is and yindictive politicians who are CON S
oiring with faction outside of the State to W
neat the people Of louisiana out Of their II
ghtg Of local self-goyernment, by means Of pl
le most extraordinary piece of political Jug oil
ery that has ever been praeti3edin the his b,
nv Of any country. Ipl
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