The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-07-06

The Convention was called to order at 10
o'clock, President Witt In the chair and
u quorum present -
The journal of friday was approved.
THE POWERS or THE CONVENTION.
The resolution introduced by Delegate
Hough, providing that the constitution shall
be submitted to the people for ratification,
was taken up.
Delegate Hough, in speaking In advocacy
of his resolution, cited D number OF authori-
ties to support his position. He incidentally
referred to the passage Of the resolution ap-
propriating $4,000 to pay the expenses OF the
Convention, and declared that he thought it
had no power to pass such resolution.
Delegate Leake said that he had suspected
the real nature OF the resolution and was glad
that It's introducer had so candidly explained
IL. He quoted presidents from the records OF
other conventions to define the powers OF the
Convention. He had no doubt that many Of
Til. acts Of the Convention would be repug-
nant to the gentleman Mr., Hough) and his
party.
He Tor one had come here prepared TO pay
hills own expenses when the appropriation was
exhausted. He was still prepared to do 30,
but he did not wish that the clerks and other
employees Of the Convention should be COM
pelled To serve without pay Or receive but ten
or fifteen cents On the dollar ZOE thelr War-
rants. .,,..,,
sI,e remediea, az far as he saw, would be 10
petition the. Governor to convene an extra
session Of the Legislature, when the neces-
sary funds could beappropriated. lie Thought
That tho members 10 had voted against the
ordinance would probably De as ready as any
others to draw their per diem.
Delegate Knoblock did not believe the Con-
vention had the power TO appropriate money.
iii extra session for this purpose, and was OPP
posed to adjournment until the Convention
bad. completed its labors.
Delegate Jenkins said that he had voted In
the negative upon the passage 81 tne ordl-
nance. but did not think that that vote pre-.
eluded him from drawing per diem, he had
cast his vote OH principle. He, too, had come
here prepared to pay his expenses, ana YVES
still ready to do 50.
in the affirmative upon the ordinance because
he Thought that the Convention had an In
herent right to make such an appropriation;
He referred to an article tn the Times headed
"a High Handed Measure Checked, por-
ton oil which he read. The writer Of the
article had, he said, displayed as much la
mentable ignorance as his article was repiete
with ebulIittons OF spleen and bad feeling. He
quoted from Jameson on Constitutions 70
show that other conventions had similarly
appropriated money. Two Of the presidents
cited were from Louisiana, by the COnven-
Delegate Mcconnell had opposed the reso-
luton because he Thought 1t would place the
State Treasurer and his suretles IN an aWk-
ward position, inasmueh as IL would force
them into the position assumed by Gen.
Toombs of Georgia voluntarily -that OF taking
the risk Of getting buck the money he ad-
yanced, He would vote for q resolution all
thorizIng loan to the Convention OF s25 900,
and although he was not able to advance that
amount he was willing to become one Of fifty
who would lend that amount. He was salts
fled that such d loan could be secured In q
day. .u.a u, ,,,..
ileRe He said he had been charged by the
gentleman from West Felictana with intro
duci1ar the resolution with view OF defeating
the work Of the Convention This he denied.
Delegate Leake said he drew his conclusion
from the gentleman's own remarks, and II
was q legitimate conclusion. II the resolution
was adopted, and no means provided by
which the Convention could get the money
necessary to pay it's expenses, 1t would ad-
journ within twenty-four hours.
Delegate Watkins denied the right IT. OF o leg
petuate that instrument, by limiting the time
for d Convention to sit. What was the duty
of the Convention, and why was 1t called to-
Uether2 To make o constitution. No limit
could be placed upon that duty. Inc Con-
vention could sit until Its work was performed,
and was necessarily empowered to expend
the money required for that purpose
Delegate Semme5 alluded to q precedent
not heretofore mentioned-that Of the Con-
vention OF 1882 which had borrowed $4,000
ed after d full discussion OF the question.
He coltended that the Convention had no
power to appropriate moneys and order their
payment, but they could authorize Q loan and
no subsequent Legislature would refuse to
pay 1t. The equities Of the case would de-
mand this, and the people would insist
upon II.
tute for the resolution Of Delegate Hough:
Whereas, the labors Of this Convention. In
framing a new constitution. are unfinished.
Whereas, the appropriation made to pay the
expenses Of this Convention has been exhausted;
Whereas, the officers Of the Executive De
ra .tment Of the government refuset r5 p oct r
oh " the ordinances OF this Convent -; pfoyid-
Ingifor the payment per diem Of the delegates
and current expenses Of It's otficels and en-
ployes: and.
Whereas. IT is impossible. under the present
circumstances. for this Convention to proceed
In the work Of framing and completing new
constitution OF thu State: therefore BE- 1t
RESOLVED, That this Convention DO ADJOURN at
July. 1879. to reassembie In the city Of New Or
leans, at the State Honse. on the first Monday
In January A. ID. 1880 at u O'Clock m.
Delegate Land commended for the power OF
the Convention to make an absolute appro-
priation or perform any other function of
government From the revolution down to
the present time precedent after precedent,
In overwhelming force, had established the
absolute authority Of a constitutional conven-
ton, not only to adopt constitution,
but to overturn the whole State gov
eminent. Since this petty power Of the
Convention to appropriate money was de-
MED, he hoped the body would adjourn to
meet again IN January with the Legislature,
and then 1t would be seen il officers or the
State government could set It's authority and
power at defiance and would continue to do so.
Delegate Caffrey insisted that the powers
OF the Convention were limited and prescribed
in the act Of the Legislature calling it to-
gether. That act prescribed that the mem
bers should receive no per diem after a SEES
sion OF sixty days. This was a mandate
which could not be dsregarded. He believed
that II 1t should contract a loan for the pur-