New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-02-06
POWBRs or rae OoNYBNTIoN.

ANHA ASo VA AAAH WIN 1M AISns
We presume that no one viii dispute the
proposition that constitutional conven-
tions, duly called and assembled, whether
in territory or a state; whether fer franz
ing an organic law alb intio, or remaking
such law de novo, are bodies vested with
authority of peculiar dignity, and with
powers of extraordinary amplitude. The
convention now holding its sessions ON
Dryades street is unquestionably within
this rule; lis authority and powers are
limited simply and solely by the constitu-
ton of the United States and the several
laws of congress knewn as the reconstruc-
ton acts. Apropos of our leading article
of yesterday, we call the attention of Our
readers to some of the features of those
acts; and with this purpose we quote briefly
therefrom, (the italics will be our OWN
aud by way of premise we take first the
closing section of the second supplement-
airy act" which reads:
SEC. IL. And be it further enacted, That
all the provisions of this act, and of the act
to which this is supplementary, shall b
construed literally, to the end that all The in
tents thereof may be fully and perfectly carried
ON.
Section two of the first supplementary
act provides for an election of delegates
to convention for the purpose of estab'
fishing constitution and civil gorernme'i
for such state loyal to the Union"
What does cipH government mere mean
but that usual machinery for state purposes
of which certain citizens of the state fern
parts, in distinction from military form Of
government as now existing? Again, sec
ton four of the same act prescribes that
these conventions, "when organized, shall
proceed to frame a constitution and ciuil
government according to the provisions Of
this act and the act to which it is supple
mentary." Indeed, these two sections last
quoted clothed the present convention, had
that body chosen so summary policy, with
abundant authority for Wholesale removal
of existing state officers, and their replace
ment by this conventions appointees. 1t
is true that the reconstruction acts nowhere
expressly make it the duty of the conven-
ton to provide for an election of state Off
GERS Simultaneous with that for the ratifca-
ton or otherwise Of the constitution, but it
is equally certain that they no.
where forbid its SO doing. While
the authority affirmative for such doing
is found in the extracts we have quoted, in
the spirit pervading all the acts referred to,
in the power admittedly inherent to such
bodies and lastly, as we asserted yesterday,
in the precedents established by every ter
ritOrial and nearly every state convention
that has ever set in the country.
As matter Of course, in the event of a
failure Of the constitution to be ratified, the
representatives who might possibly be then
elected would equally fail of their seats in
congress, and the state officers, should such
be elected, would succeed at best to the
control of merely provisional government
within the purview Of section six of the
original act, and section second of the sec
ond supplementary"
But such contingencies constitute but
feeble reply to the cogent arguments that
press fer such secondary election.