Year: 1866

Constitution and people Of the State.


Youts, respectfully, &. ABELL
Having been a member of the convention Of
1861, am frequently asked whether, in my opin-
ion, that convention will be reconvened. / have
never thought it Of sufficient importance to give it
much consideration. am of the mind that there
IS no such convention. 1t ceased to exist with the
ratification by the people of the Constitution made
by IL This, think, will clearly appear by fair
construction Of the Constitution and the resolu-
tions by which the right to call it IS claimed.
1t certainly could notperpetuate itself by mere
resolution; it has not pretended to do so by any
clause in the Constitution.


The resolutions relied on, were offered by Hon
r, King Cutler, and passed by vote Of 50 to IA.
See journal Of the convention, p. TO- The first
clause reads;


ResOge1 That when the convention adlOurng it
shall be at the call OF the president whose duty it
shall be to reG0nvoke the convention for auP
cause or in case the Constitution should not be
ratified, for the purpose OF taking such measures
as may be necessary for the formation Of q civil
government for the state of Louisiana. He shall
als0 10 that case call upon the proper officers of
the state TO cause elections 70 be held to ill any
vacancies that may exist in the convention, Ia
parishes where tie same may be practicable.


This clause provides for the contingency Of re-
lection Of the Constitution, and nothing more
The second clause of the resolution, with a state
ment Of It's object by Mr. Cutler, the mover
clearly shows that to be the meaning Of tie reso-
luton. 1t reads:


That il case of the ratification Of the Consttr
ton u shall be in the power Of the Legislature at
its tlrst session, to recOnvOke the convention in
like manner, in case it should be deemed eyne-
dent or necessary, for the purpose of making
amendments Or additions to the Constitution, thai
may, IN ne opinion Of a legislature, require
redSsentb3og Of the contention, or in case Of
the occurrence of any emergency requiring its
action.


1t is clear, blythe words and sense of this reso-
luton, that all the powers Of the convention were
passed by it to the legislature, and placed exclu-
sively under its control and direction. This CON
struction s fortified by the statement of the object
Of the resolution by its mover, Mr.. Cutler who,
after regretting the absence of General Banks,
ETC., tsee debates of the convention, D. Ga, }
said


But this ia not the object Of the resolutions my
object IN offering them is that we may keep a
Watchtul eye over the work OF the people, and
when this work is completed there will be NO
longer any necessity for the existence of this
body but until il is done, until the Constitution
tS adopted, until t'Ie people haze ratified it, there
should be a remedy IN case its enemies should
De hkesy to- proUe successful in defeating H."


It's enemies, of whom was one, did not defeat
it. The Constitution ratified and the object of
the resolution accomplished. The people have
accepted the Constitution, and organized govern
ment under it. 1t is their property and they alone
have right to alter or amend it,


1t is clear to my mind that the resolutions never
contemplated any further action by the convention,
after the ratification of the Constitution by the peo-
pie. Itismanifes from the following clause and sec
tion of the Constitution that the convention di-
vested itself of all power to act from the very mo-
ment that the Constitution was ratified by the
people. One Of the clauses Of the l53d article Of
the Constitution, after specifying the manner of
holding the election, counting the votes, ETC.,
says And if it shall appear at the close that q
majority of the votes given is for ratfyng the
Constitution then it shall be the duty of the gov
ernor to make proclamation of the fact, and
henceforth this Constitution shall be ordained and
established as the Constitution Of the State of LOU
isiana." No power is here or elsewhere reserved
to the convention by the Constitution. In order
that no ambiguity ght exist, the mode of amend
ment is most clearly pointed out and defined by
+ the 147th article of the Constitution, which de-
7 clares that


ANY amendment or amendments to this Cousti-
tuition may be proposed in the Senate House
of Representatives and if the same shall be agreed
to by a majority of the members elected to
each house, such proposed amendment or





nails, with the yeas and nays taken thereon.
Such proposed amendment or amendments shall be
submitted to the people, at an election to be or
dered by said legislature, and held within ninety
days after the adjournment of the same and after
thirty days publication according to law and if
majority of voters at said election shall approve
and ratify such amendment or amendments the
same shall become part of the Constitution. If
more than one amendment be submitted at a time
they shall be submitted in such manner and form
that the people may vote for against each
amendment separately.


It will be perceived that all power passed from
the control of the convention to the Legislature
and people of the State; that the Constitution nc
where recognizes the existence of the convention
after its ratification; and neither the legislature
the executive of the State the president Of The
late convention, has power to reGonYeue it. The
right to amend is clearly pointed out and defined
and is securely guarded by express words and
clauses Of the Constitution.


The resolution of Mr., Cutler not being part Of
the Constitution, is controlled by it, and is inope.
ratiYe and void.


The convention, as a body, was elected by but
few voters, large portion of them soldiers and
other transient persons; some elected by few
soldiers and sailors on gunboats, or in secluded
places unknown to the people of the parish. Sew
eral Of the number were nonresidents of the State
OF Louisiana. The convention was not represen.
ta.ion Of the State and people and l think self
respect and proper regard for republican princi-
Piles forbid any attempt at further action on its
part III the premises The interest Of the State
demands repose. Commerce, agriculture and
social order require it. The convention of 1854
made the Constitution. We have had successful
} government under it for nearly two years. II
never met my appreciation but deny the right to
tozch it. The proposition to recall the convention
appears to be visionary, unwarranted by good
precedent illegal and unjust to the people and
State of Louisiana, and if persisted in, will be a
convention without legal existence usurpers with
out power authority, servants without pay, it
having by the Constitution of their own make,
passed the treasury to the State government. The
treasurer must be controlled by law.


I am clearly of the mind that the convention
of 1864 has filed its mission and is
q lifeless body, and that it cannot and will not be
; reassembled by constitutional authority. But if
without constitutional or legal authority it should
doEo will then, as [ ROW do, protest in the name
of the people and State of Louisiana against
touching the Constitution of 1864 without the CON
sent of the people, expressed at the ballot box or
by the legislature as pointed out in the l47th art