St. Landry democrat., 1879-03-08
The Power of the Convention
From the n. Q. Democrat
- T,i;+,, rf tho npInnep0t

The Power of the Convention
From the n. 0. Democrat
To the Editor of the Democrat;
As there are many absurd opinions
prevailing as to the nature and func-
lions and power OF constitutional
convention, propose, with your per
mission, to discuss this question in a
few brief communications.
Under our system it is not necessary
to say to any intelligent citizen that a
constitutional convention of State
represents the sovereignty OF the people
of State. All concede this, but differ
ences arise as to what such convention
may do, and how it shall act. The
usual practice has been for the Legisla-
ture to provide for the calling OF a con-
vention, when assembled, proceeds to
make a new organic act OF constitution
for the State, or to amend the old one
in certain particulars where experience
has shown defects. But this is not alb
solutely essential. Ii the methods en-
ployed by the people to change their
organic act be republican in character
and the government which they !estao-
lish be republican in form, it is not
necessary that they should have the
authority OF an act of the Legislature
before they can proceed. | am suppos-
ing Of course that no previous regula-
tons, or in any statutory provision by
which the people have limited their
own mode OF acting.
If there has been any such regulation,
the adoption of different mode OF pro-
ceedng would be irregular and revolt
tionary. But even in such a case, il
there was practical unanimity among
the people, SO as to avoid conflict and
disturbance, the government thus es
tablished would be legitimated by acqui-
essence and its laws binding upon the
citizens, provided that it be republican
in form. In the case of the Territories,
| which have generally formed their State
constitutions in pursuance OF enabling
acts of Congress, it has never been re-
garded us fatal to such governments
that the people proceeded to act without
such enabling acts, when Congress was
satisfied that the people had a lair and
adequate representation, and the new
| State government represented their will
| Such was the case with Michigan and
| California, and there may be other i'll
stances that escape my recollection. In
the celebrated Rhode Island case (the
Dorr rebellion) the Supreme Court of
the United States did not hold that the
people might not voluntarily proceed to
| change the old governmental and to frame
a new one, but simply that the people
are confined to the methods that they
themselves have ordained.
What have here said of course can
have no practical application to the
present situation in Louisiana, and l
have only referred to this phase of the
question to show the power OF the SOW
ereignty Inherent in the people. l hear
it said that the power of the convention
will be limited to the formation OF a
new constitution, and that, being com
PEELED to submit their wor k to the people
for ratification, too much Importance
has been attached to the body which is
about to assemble III Louisiana. A
double mistake is made. The conven-
ton are not bound to submit their work
to the people for ratification or rejection
1t has been usual to do so OF late years,
but it has not always been done, nor is
there anything to compel it to be done
1t is right and proper that it should be
done, perhaps, as a general rule, out
there may be circumstances IN winch It
would be right and proper that it should
not be done. There may be condI-
ton of excitement and turbulence in
the community which will justify the
withholding of the new constitution
from the people for their action. OF
this the convention must be the judge
The power of the convention is not
limited to the formation of a new con-
stitution. It 10 usual for such bodies tt
do no more than make new constltu-
ton or amend the old one, and then
adjourn. But they may go much further
The convention represents the orlgIna
sovereignty of the people; it is like the
| oe Do I'll W Ipit c
great English writer said, could dc
anything except make man a woman
or a woman man. There are, how
ever, three important limitations to thf
power of such bodies in tile States OF
the American Union.
1. The government which they create
must be republican in form.
3. No eg post fflcto law can be passed
nor any law impairing the obligation o
contacts. 4
8. Nothing can be done to take away
suffrage from the negroes, nor to den.
them the equal protection of the laws.
Under these restrictions, which arr
imposed by the constitution Of. thu
United States, the convention will have
absolute power.
It would be possible for the conVen
ton to make no constitution at all; tt
hand everything back to the origina
. source of power, 1t could not abolish
the old government and constitute 1t
self the governing power during it
pleasure, or for any term of years, be
cause this would not be republican
, form, It must be representative gov
eminent, springiDg from the people ant
responsible to them a government o
the people, for the people and by tn,
u &c II h,c hoon we'll defined
But it could provide for calling tn
,, original sovereignty of the people int
.. existence either In mass OR by represen
.. tation, at stated periods, and thus dis
pense with a legislature altogether
Why not2 Such a government Woul'
conform with the requirement OF tn
constitution of the United States. N
State constitution would be required
because the will of the body would b
, it's law, subject to the limitations abov
: mentioned. No legislature would b.
needed because all legislative powe
J would rest with this body. There nee
be no Governor. Such convention
: could substitute some other executiv
} power, without violating the principl
e of republicanism, A suitable judiclar
could be established for the citizens, a
the convention might deem tit ant
: convenient.
Such a method of government ha
8 never been adopted in this country
!, but there is no reason why it might no
be done if thought desirable. ! do no
3 pretend to advance it, because the pres
5 ent system of having a written consti
3 tuition as a perpetual guide and restrain
: of power and the division into co-ordl
nate departments of the Legislative
e4es4tiye and judicial is the best an