The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-02
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LET us HAVE A CONVENTION.

| PROVIDENCE La. October a. 1877.
| Editor Democrdt-The subject of a new consti-
tuition for the State, or of amending the one
now existing seems to agitate the public mind
and demands discussion. In this connection,
| may premise, there is one of two questions to
be settled before proceeding any further In the
matter. The question is: /. Shall there be es-
tabished new constitution. or .. Shall the
present constitution be simply amended2 This,
of course. involves the question: Shall there be
constitutional convention. or shall the Legisla-
| ture submit amendments to the people for rati-
| fication by their votes. That our present con-
stitution Is perfect-indeed that 1t is vitality
defective not to say vicious. is scarcely co ntra
dicted by any one. and the primal issues to be
decided are as to the method an d the extent of
the necessary changes With all due difference to
| maturer minds and larger experiences, re-
spectfully assume the position that the people
should assemble in general convention and or
dain an organic law according to their own
sovereign will.
will not delay here to advance reas ons to
sustain this proposition. They are many and
sufficient. But pass to one only. which n my
opinion is ample and covers the whole ground
As the laws OF republican government. both
organic and derived, are established for the
governed. 1t seems but reasonable as well as
eminently just that the governed. or the peo-
pie. should establish them A constitution es
tablished In convention would be consttu ton
established by the people, and therefore salts
factory TO them. On the contrary. o conslitu
ton or amendments submitted by committee
clustersl than by convention, would not be q q
constitution OF the people; would be regarded
only as the opinion of a few intelligent gentie-
men. and would almost certainly fail of ratih-
cation by the voters OF the State. With these
remarks. ! pass to the proposition itself, Of
course 1t ignores all consideration of amend
ments.
lam aware of objections to forming a new
constitution mainly. think. because OF the ex-
admit that generally, and on general princi-
pies, making new or changing state constitu-
tons is not to be lightly entertained. aud that
they do always involve some expense. yet there
are exigencies in the government OF every peo-
pie which demand imperatively at their hands
lie. Money. therefore. Is Of no consideration.
and should not even be mentioned in relation
to this grave subject
But is itiso, that the expenses of a convention
would be, so rminous in amount? l think not
necessarily. The expense, would. of course.
depend on the length Of time this convention
ton, the &c, convention need not perhaps would
States have s' not avoided, and which is the B. ne
of constitutional conventions that OF establish
ing a code. instead Of ordainipg the organic
all other laws are ell minated by elaboration
and detail. My opinion is, ii the convention
would spread before them and take as their
guide and basis our constitution OF 1859, with
d few moditfca ions to- adapt 1t to the
changed state OF our pol itical and civil affairs
they wou d find their work almost ready to their
hand and their constitution satisfactory to the
people. The main and almost only changes in
the constitution of 1852 necessary to be made
would be in regard to the judiciary. Individu-
ally am in favor OF appoing the judiciary by
the Governor, with confirmation by the senate.
believe this change is abs nlutely necessary in
large portions of our State. If not in all in order
to secure and preserve an alb Q and incorrupt
Judiciary. The election of judges. a measure
the wisdom of which was always doubtful, is
now, in many portions of the State. and those
portions the weallhiest and most valuable a
positive evil. placing upon the bench men of
little capacity or character, some of them not
licensed lawyers and many of them venal.
While on the subject of the judges. would re-
specially submit in regard to their salaries,
not to run to the opposite. extreme, avoid
Scylla, run not into Charybdis. II the people
expect or desire capable lawyers to become their
Judges, they must expect and be willing to pay
them such salaries as will command their
time and talents. Then let the judges be good
men. capable men and lawyers, and our State
will feel the rebound. from time to time. Our
people remember that our State always, ante
be{ltua, paid her judges literally. and that her
Jud 'cial talent in consequence was OF nigh
order-so recognized in all the courts OF the
Union. and in Europe
Then let us have a constitutional convention,
and constitution by the people, and we are
free again. COUNTRY.