The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1885-09-26
MODE OF REVISING STATE
CONSTITUTIONS.


what it chooses to term the "anar.
chistic resolution" introduced in the
Dakota constitutional convention by
Gen. Hugh j. Campbell, recOg-
MIXING the right Of the people OF a
state Sat all times to alter, reform or
abolish their form Of government in
such manner as they may think
prOper,n Is unfortunate in assuming
that while he undoubtedly acted
upon admitted Louisiana prece
dents, yet such precedents were
those only recognized while the
state governments of Louisiana
"were organized mobs and mobs
were incarnation of sovereignty"
during which time only Gen Camp
bell was O resident of this state; but
that during all other periods, the
people of Louisiana have recognized
as an automatic rule, governing all
revision OF the state constitution,
that in the language OF our con-
temporary:
"If state wishes to change its constitution,
1t must do so in accordance with the nations
consultation, and not in disregard thereof
Moreover. 1t can only change its constitution
~ strict conformity Nth The prOpisieas IN H. pro
Uiding for change"
Aud the complaint against Gen.
Campbell, i'll the language of the
PicayWHe, is, that his resolution ''is
in effect proposing that such alter
alton, reform or abolition may be in
disregard of existing FORMS"
1t is not the HERALD'S present
desire to discuss the better mode fol-
revising the organic laws of states
or tho extent to which the rights Of
the people of a succeeding genera
ton to alter them may he restrictetl
by provisions engraited into a con
stitution by proceeding generations
FOR how, or by whom the manner
form and extent of such change is
to be determined. Our desire is
simply to draw attention to the
peculiar, and, apparently, the irreg
ular, ic not unconstitutional, man
ner in which the various e0nstitu
| tons OF Louisiana have beenrevised
and how little ground there is to b.
found in the political history of oul
state for our contemporaries criti
ciSm of the action of Gen. Campbell
in the Dakota constitutional cOnven
ton, or its severe language az to tin
source of power under which reyis
ions in our constitution were mad,
during the period tho latter resided
here. re
The first constitution oil the stat
WAS that which in 1912 was framed
4 by a convention Of delegates chospl
by the electors OF the several coun
ties Of the Territory Of Orleans, il
virtue Of n previous act of Congress
entitled tan Act to enable the PEG
Pile of the Territory of Orleans te
| form a constitution and State Gov
ernment." ''t3# - -
| This constitution became effective
on its approval by Congress.
i BY its Article VII, special pro
visions were made for its revision
| 1t declared that: :
"When experience shall pOiat out the neces
sity Of amending this constitution, and
moj0rity OF all the members elected to eael
| House OF tho General Assembly shall. within
the first twenty days of their stated annua
session, concur in passing law, specifying tn
alterations intended to DO made, tor taking TIL
sense of the good people Of this state, as to tb
necessity ana expediency of calling cUnven
tion,it shall pc the duty of The several peturnin
officers, at the next general election which shal
be held for RepresentatiI cs after the passag
Of such II law, to open poll for, and max
return to the Secretary for the time being, q
the names Of all these entitled to vote Tor Rel
resentatives, who have voted for calling
convention; and II therenpnp. it shall appea
that majority of all the citizens of this stat
entitled to vote for Representntiyes,ha have vote
tor n convention, the General Assembly sha,
Direct that similar poll shall be opened, an
taken for the next year; and il thereupOn,
shall appear that . majority of all the citizen
of this state entitled to vote for Representative
have Voted for u convention, the General Al
sembly shall, at their next session, call
convention, to consist OF ns many members q
there shall be In the General Assembly, an
no more, to be chosen In the same name
and proportion, at the same places and at tn
same time that Representatives are, by cit
zAna entitled to vote for Representatives; an
to meet within three months after the sal
election, for the purpose of Fe0d0pti1sg, amend
ing, or changing thia Constitution, But il
shall appear by the vote of eitAer year, a
aforesaid, that majority of all Ghe citizen
entitled to vote tor Representatives,, did not vOt
for u convention, convention shall not
eallod,n
!, Iakcn in connection with th
modes provided In subsequent stat
constitutions for their revision, tw,
) features in the above are noticeable
First, that the people primarily AN,
by two several expressions of thei
will, are to determine upon tn
necessity OF a convention; and, sec
Ond, that no other mode of revision
was provided than that of a cOnven
: ton, and no restriction as to tn
character aud extent of such revis
iOn,is placed upon the people, excep
Ms determined by their conventions
delegates.
For near thirty years this Cor
StitutiOn remained intact, with n
apparent desire for it's amend
ment, In 184l, by act of January q
the Legislature submitted the qucl
ton of u Convention to the people
aud majority of the voters of tn
| &fafa huN.inn, dofeInroH In a. E,rn,