The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-30
TRIPLE SHEET
DELEGATES In THE CONVENTION.

We bhihH that our esteemed correspondent
s'B. !. ~" In radically In error ma 10 the asaIi-
locations Of n citizen for the position Of dele
gate In the constitutional convention. II Ia
quite possible that Judge Pardee. Judge
tHough. District Attorney Steele and !. n
Matthew's clerk of district court, could
better serve their constituencies by remaining
81 home and attending to The duties Of their
Offices. But II majority Of their fellow.
citizens desire that they shall represent them
IN the convention they have n perfect right b
send them there. Any citizen Of the State Ia
eligible to a seat In the constitutional conyen-
ton. If the people Of h.s parish had desired
Che Governor to represent them IN that body
they would have had perfect right 10 pend
him there, ana tho same may be said NJ tho
Chief Justice or Of any other citizen, wheth-
or he occupies n private or official position.
A constitutional convention represents tho
sovereignty Of the people, and It 10 in no re-
speet OF manner Under the control Of the OK.
listing governmental authority. Indeed Ito
very object II to do away with existing insti-
tutions: it ID the supreme power and IA law
unto itself.
Our correspondent speaks Of d writ Of man
.damus TO prevent certain officials from leav-
Ing their OH eial duties 10 serve In the eonven
tiun. With all due respect to him, we must
cay that seems absurd % us. How can tho
Judiciary BY mandamus change the member
ship Of q convention Of the people, or IN any
wise control its organization, when the con
vention may In an hour extermlnnte thecsist-
ina judiciary How can tho inferior control.
or direct. or influence the superior power
How can court created and controlled by an
organic law control a power called into ae-
tivity, designed and authorized TO wipe out of
existence that and all other existing oourts2
When the Georgia convention had organ
lied member Of that body moved that the
Governor be Informed Of tho organization and
notified that tho convention was ready
10 receive any communication from him. This
absurd motion was never put TO vote, Judge
Jenkins, the president Of the convention, for
merly member Of tho Supreme Court of
Georgia and one Of the first jurlsia In the
country. to use vulgar expression.
s'aauelehed IT," without putting tho motion.
Judge Jenkins arose and briefly addressed
the convention. After expressing his respect
for the Governor Of the State and for the
mover of the absurd resolution, he said
nothing 90 do with this movement of the poo
pie; no more than tho members Of the Judi
ciary department not one whit. II
This, sir," continued he, ia convention of
The people Of Georgia, and the only reason
why they are not all here IN that, while IL IL |
impossible, IL would be inoonvenient for the |
purpose Of making constitution. but their |
delegates are here. and the moment they or |
ganiEe they have no sort of connection or |
communication with the different depart |
ments Of the government now organized UNI
der the existing constitution"
The resolution was laid on tho table by an |
almost unanimous vote. Judge Jenkins In
these brief sentences, presented tho truo
theory OF n constitutional convention a body |
separate and distinct from the cxsting gov
eminent representing the sovereignty of the
people and supreme In authority. No citizen
can be ineligible to n seat in IT, because there
are no rules, laws or regulations governing
Its organization save the will of tho people
III the proposition of our esteemed and able
who IL one of the first political
writer's OF the time were correct, the oonsiitu-
tional convention, called avowedly to do away
with the existing organic law, would be
largely under the influence and control OF
the functionaries created and existing under
that instrument, and who may reasonably be
to be hostile to new order OF
things To hold, therefore, that the cxecu-
tive, the judiciary or the legislative depart
ment, or all OF these departments Of the exist
Ing government can exercise any legitimate
authority over the convention, or that they
can have any official intercourse or legitimate
with IL, seems TO us preposterous.
We quite agree with our friend and CORE
spondent that Pardee. Hough and Matthews
might better have remained at home and at
tended TO their business. But that Is the af-
sair OF their constituencies and, II we admit
the right OF the oour S to interfere In this
matter and control sardee, Hough and
Matthews, we must conCS 'de the power Of the
courts TO exclude from The convention every
person elected as delegate who holds q
public position under the existing constitu-
tion, hence, in great measure. TO con-
troll the organization OF the convention.
and possibly to defeat the will Of
the majority Of the people in the construc
lion OF new constitution. For instance. IF
rardee, Hough and Matthews NAV 10 ov-
Guided by the courts from seats In tho con-
sonlon because they hold certain Offices ca
aus, .so may Lieut.. Gov. Witt, State Senators
aa,. sew ?. HERON and G. A. Breaux. Repre.
- a sssses 1oung and Lyons, and a number
rhs representatives and parish officials
rarrass,,. =, lave elected these gentlemen 70 i.
,fhav ra.. h lh this SOVEREIGN hodz. ana .
naon,a the views and wishes os>,ho
Tnaaa, ~ power can or dares intaryanaaNI
nr,,,s "ohe we To admit that the o1eAl
s soala intervene in this matter ny :. Judiciary IA
!. 80 10. 70 conoede that a corrunt would
= isnt upset all the ends of this craa. court
Len % The people and subject the stst move ~,