The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-28

THE FOWEM VI svNN
To the Editor OF the Democrat
Az there are many absurd opinions prevail
ing as 10 the nature and functions and power
of d constitutional convention. 1 propose,
with your permission, to discuss this ques-
tlon In few brief communications.
Under our system IL IL. not necessary TO say
10 any intelligent citizen that constitutional
convention of State represents the sover-
elgnty OF the people of State. All concede
this, but differences arise as to what such
convention may do and how II shall act. The
usu il practice has been for the Legislature
10 provide for the calling Of convention,
which. when assembled. proceeds 10 make n
new organic act or constitution for the State
or to amend the old one In certain particulars
where experience has shown defects. But
thIs Ia not absolutely essential. Ii the
methods employed by the people to change
their organic act be republican In character
and tho government which they establish b.
republican IN form, II IL not necessary that
thew should have the authority Of an act o.
,he Legislature before they can proceed. ]
am supposing Of course that no previous
regulation has been made in the old constitu-
tion. or In any statutory provision by whict
the people have limited their own mode o
acting.
II there has been any such regulation. the
adoption OF q different mode Of proceeding
would be irregular and revolutionary. Bu
even In such case, II there was practiea
unanimity among the people, SO as TO avoit
conflict and disturbance, the government
thus established would be legitinated bj
aeoulescence and its laws binding upon thu
citizens. provided that 1t be republican II
form. In the case of the Territories, which
have generally formed their State constitu
tions in pursuance Of enabling acts q Con
press. it has never been regarded as fatal U
such governments that the people proceede
to act without such enabling acts, when Cor
gress was satisfied that the people had fai
and adequate representa- ton, and the me-
State government represented tneiI E WY
Such was the case with Michigan anu Call
fornia, and there may be other Instances thai
escape my recollection. In tn celebrate
Rhode Island case (the Dorr rebellionl Il
Supreme Court Of the United States dlu ~
hold that the people might not voluntariI
proceed To change the OH government an
To frame new one, but simply that the per
ple are confined to the methods that Inc
themselves have ordained.
What have here said OF course can nae
no practical application to the present STU
tion In Louisiana, and have only referred
5 this phase Of the question TO show the powTT
of the soveT sA--nty Inherent in the people. 4
hear it said that The power OF the conventth
will be limited to the formation OF q nW
constitution, and that, being com pelled 70
submit their work to the people for ratiila,
tion. too much importance has been attacieu
10 the body which Is about to assemble IN
Loui ,iana. A double mistaGe Is made. me
convention are not bound to submit their w'rh
to the people for ratification or rejection IL
has been usual To do 81 OF late years, bu IL
has not always been done, nor Is there any.
thing tn compel 1t to be done. 1t Is right md
proper that it should be done, perhaps as
a general rule, but there may be circlm-
stances In which il would be right and proper
that II should not be done. There may 5e q
condition Of excitement and turbulence 1.-THE
community which will justify the withholding
OF the new constitution from the people fol
their action. or this the convention must n'
the nudge The power OF the convention l!
not limited to the formation OF new consti
tuition. II is usual for such bodies to do M
mora than make a new constitution or amen
the old one and then adjourn, But they ma
90 much further. The convention represent
the original sovereignfy q ,i nne ptopbbi which y
great English writer said, could DO anythln
eycant make a man woman or Wolhau
man. There are, however, three ltnp'aIIa,
limitations to the power OF sucn pooies LII u
States OF the American Uhloh. o,oota ou
l. The government WHICH iney u" " -
be republican in form. a -,
q No er post facto law can be passed. N
any law impairing the obligation oi oo
tracts. q.
g. Nothing can be done to take away , = !,
frage from the negroes, nor 10 oeny 1neAA :
equal protection OF the laws. - - !,
Under these restrictions, when are ~ -
posed by the constitution Of the UnLt
States, the convention will have apso"
power. IL, ,
It would be possible for the convention
make no constitution at all; to hanu ever
thing back to the original source OF peme ne
It could not abolish the old governLnel a.
constitute itself the governing power duril
Its pleasure, or for any term OF years, pecau
this would not be republican form. II nm
be representative government, sprlng.. !.
from the people and responsible 70 tnem, !,
government Of the people. for the peop.st pSt; Sa
by the people," as it has been well aenhe
But 1t could provide for calling tine sna 9rts,n
sovereignty of the people into existene ata..
either In mass or by representation, at sIaU
periods. and thus dispense with iegislatu