New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-09

frame and submit them 10 nonniSr vnfe tbougb "a,
Resembling implies an authority 10 propose and sBbI
amendments for popular ratification However tbisnsy
D Mr johnson opposed calling Il together BY leg
act-not as IS SHOWN, because such an act would
DC inconsistent with that CONSTITUTIONS but because II
W9nld emoarr9ss his reeol struction policy.
,f, VS. Ia Msi1h MalISu upon by tLtGe persons IRON
were advocates OF his policy IN reference to this bill lie
Tie sth Of March Cage and russ sent telegram to
member Of the Louisiana House vi Representatives, III
Aner Deries With The President and Secretary Seward
oolsy convinced ts h5,he agitation Of tie Cohensn question
Thin dispatch the result Of seyeral interviews with
Mr. johnson and Mr. Seward Secretary OF State. and
the Journal OF the ouses RepoTt D. 29J The SOLE mo-
tive OF this opposition have the fear that
the Convention might create some obstacle In the OF
that policy. The President dreaded IL because II might
hberze tho right Of suffrage toward the cOlored Union
sts, and restrict IL in reference TO Rebels lie
willing TO any such risk This was the early leading
impulse that moved him. Tho Acknowledgement OF the
blacks was ayote element IN that policy ana he was
The order OF Gen Banks of March H. 1884, directing an
election OF delegates declares that the Convention IS
be held for the revision and amendment Of the Consti-
tuition OF Louisiana and that they 10 meet al Lib
erty Hall, Executive Buildings In New-Orieans at IL
o'clock ON Wednesday, the 9th day OF April, 1864"
In ease any vacancy occurs by resignation or death,
lion shall DO Issued BY the COnyentont hi the vacancy
H.; 2S) ,,,
tainment, the General placed limit upon the length Of
their session their power over adjournments. The
whole matter left 10 their discretion and they could
be deprived Of their power only in Of three ways:
Adjournment sine die with the consent OF the commands
Ing General revocation or change OF the military
der convobng them, or the formal readmsslon Of the
Senators and Representatives into Congress.
As there is preense that any OF these cCntin
gences has happened, We conclude that the reassen
bling OF the Convention was lawful act warranted by
the order Of Gen. Banks, just referred to-
TO ascertain the powers Of the Convention in reference
10 its sittngs, and the power Of filing vacancies 1t
may not be without refer OF the principles
OF parliamentary law applicable to these subjects a
legislative body, when ouly c0nyoked, cannot be adj
journed without day dissolved but by lapse OF Time or
in the manner provided by law. The House OF ConmOns
England has exercised full control on tho subject
OF vacancies by determining when they exist. and
by taking measures TO Ill them and tbs as power
9he same foundation with tho right 10 judge
Of the elections and returns OF IT'S own mem
bers. The only termination of sitting Of Par
lament which Will constitute session, is undoubt-
edly Propagation dissolution, either by royal
thonty or by lapse OF time; and no more ADJOURNMENT
in obedience to the Kings command is sufficient for
that purpose According to the law ol Parliament no
adjournment from day TO another, however distant,
VIII constitute session: nor in the United states under
written constitutions. unless the adjournment Is accom-
panied with declaration mat 1t Is for the purpose OF
closing the session or attended with circumstances OF
equivalent character Cush. PaT Law, sections 2i,
ass, 5O9l
We do not here discuss the constitutional power OF the
General ia command 10 issue the original order for elect
Ing the Convention. That question docs not now fairly
But as there no restriction upon .is power
the sttngs OF the Conventions he could have pro-
rOgued or dissolved Whenever he should MT But ne
he bad not done aud as II had never been done and as
the Convention had not by any act of theirown terminal
eli their session. they were stl lawful body competent
to NEE. ana competent 10 act as deberatyo body Tor
the attainment Of the object menoned IN the order The
body could not dissolve Itself OF rs own vOton. IL was
constituted by law superior 10 its own viii and pleasure
for high and mpOraH. state purposes, aud could DO TO
leased from It's duties only BY the consent OF Inc power
cOnyOkng it, This consent was not given, and a duties
and its powers remained the same rs when first came
together In 6G IL quorum Was LOT present OH the day
on which 10 wa. called 90 rcasscmbc by IT. President IL
by She parliamentary law his duty 10 adjourn the
body to the next sitting day. and from day 10 day
uutiI quorum should be Ina attendance.
And the right OF the members who came on that day,
II not quorum TO meet ana TO be thus adjourned Wac
stfct legal t. II 10 be granted that the order Of Gen.
Banks legal order and constitutional foundation
for tie Convention II II was not legal order then Mr.
johnson should have hastencd 10 revoke A. This was
PLAIN duty, bat while he permitted II 10 remain II did not
become him 10 denOnnce Tie Convention as unlawful, or
To deny 10 u the power 10 regulate the time of hr own
sitings, right Of ning vacancies IN IT. own mem
bers ON these subjects he was plainly osopped by his
own acts and by his acquicscence Ia that order
On the goth OF June $780, the members Of the Conven
ton Of 1894 eassemblod and owing the absence OF Mr.
Durcll the President, chose Mr.. Howell one OF Their
number President pro Porc on Tie IN Of the follow
ing July he issued his PROCLAMATION cnlng the CoNen
ton together the S0h OF july for the revision aud
amendment OF tic Constitution oi louisiana ana calling
upon the Governor To istue te necessary NFt, OF clec
TO elect delegates 10 said Convention ~ parishes not
now represented therein" utepoIt, y co.
There appears 10 pc no want OF authority ~ the Gov
upon the call Of the Convention TO Issue these wits
OF election To MI vacancies Accordingly Mr. Ne tho
Provisional Governor, on the Ziih oi yuy Issued BIS
prOclamatOns directing elections ohc held IN twenty
seven parishes not represented ~ the Tor
the chOiee OF my dc' gaes, 10 DC hea on TIE
sd OF september following p D.. There can
be doubt that Mr. johnson had seen ne
proclamation of Mr. Howell col me IN 0l JmiJ
long before the aOh OF that month, and long before the
transmission Of his Telegram Of tie 2sh Of Jhy' about TO
be- noticed; ana there goOd GROUND loF sup3InR thA
ne was also cognzant Of the iact that GOV Wells had
issued his proclamation Of the 9th 10 ii Nacan'c. Nor
Is there reason 10 doubt thtt ne Was iu aware ." Tue
the following letter from Mayor Monroe OF Sew Orleans
10 Gen Baird, Of the 18Th Of July; ,.-..,.,.
MAyoKuGrY SEv-OhLEAN-. CIR Han, Juy -. l.'l
GrxrnsL body Of claiming - d. nfaas ~ hc '"a,'noa
g,rsncat, VII eara. assemble IN sh' Noata next
The ,s, ,'d oinssess NE eiy "1sa M o' . o. ',1s 5,
calculated disturb TIE rl. peace anl TRANQUILITY gn sna -
a,I 70 s 4,2ssa ' Is I y ri.. ~ a1f Az
embJ and Nas &c eo-or'i, hut q Tie OK a,,,.as the
provided they meet without ne sanction q TIE m .heru'' -
.s nJ act Accordingly an oeaei , nv oIsot Mao,
Br,,,, Major Gen Baird Commanding. 1e
Thus Sir johnson j. char gcable with foieknOWcdge
that the Convention was Ia assemble on HE 5oth.
Why did he not, on being advised OF Mr. HOwcHs pro
claaton of the th NJ forbid the assembling Of that
b"5v An order 10 that eject would nave rendered II
Illegal and would at have prevented a. thus re.
moving all danger from to his policy and all danger OF
"a RIOT Eut he entirely abstan,d from interfering with
H. though for three weeks ne wen Knew II was lIh'
nSnding IL he or his advisers at Washington sup
noscd Ii 10 be such Illegal and dangerous body "a
ie afterwa pretended was, WHY ms deh} when u
Va asv 10 mn n m The bnd And If he actually knew
the fact that GOV Wells had. the 9Th three days be-
fore the riot. issued his proclamation f9r me election,
why did lie not revoke or countefmand II Although
tlis might not have prevented the assembling OF the
Convention IL would at least nave been welghy dls-
coura cement Of II, and in all probability would have
stopped IT, But he still permitted the thing 10 go on, and
though lie beyond all doubt earnestly opposed 10 u,
we not aware that he as President OF the uned
States having full control over H. ever took any el-
Gent stems 10 prevent IT, IL had right To assemble,
10 consult and To vote. And, although IN 1864 II mad
framed an instrument for the political government
~ ouisana Which had been ratified by the people II IL
Illogical 10 contend that, therefore, II has used and ex-
Lausted all the powers 10 frame such one as The inter
cts of the state mgOt require VINO was 10 Judge Of the
fitness aud efficiency Of all the provisions for the govern
ncnt of that people and who could say the Convention
had done onoighi surely but the power creating
H. The provisions already adopted may have been IN
counlets and unfit Who Ia determine that the DC
fects should not be Tcmeded Had the Constitu-
tion alrerdy existing confined the right OF suffrage,
1tt q. he fe Va
NOR, numerous black loyalsts Of Louisiana, and had
the Convention proposed To admit mo mass OF as.
oyats TO that privilege, 10 may be regarded as certain
that the marty so clanOrOus against would have hailed
t with delight. They would have seen no iilegaily III
IN. reassebng OF the Convention on the 5Oth OF july,
and would have determined 10 defend III az tney
were now 10 destroy H. and Mr.. johnson would probably