scribed by that instrument, the very business of a Convention is to change those forms and boundaries as the public interests may seem to require. A Convention is not a government measure, but a movement of the people, having for its object a change, either in whole or in part, of the existing form of government. As the people have not only omitted to confer any power on the legislature to call a Convention but have also prescribed another mode of amending the organic law, we are unable to see that the Act of 1845 had any obligatory force at the time of its enactment. It could only operate by way of advice or recommendation, and not as a law. It amounted to nothing more than a proposition or suggestion to the people to decide whether they would or would not have a Convention. That question the people have settled in the affirmative, and the law derives its obligation from that act and not from the power of the legislature to pass it.

The people have not only decided in favor of a Convention, but they have determined that it shall be held in accordance with the provisions of the Act of 1845. No other proposition was before them, and of course their votes could have had reference to nothing else. They have decided on the time and manner of electing delegates and how they shall be apportioned among the several counties.

If the Act of the last session is not a law of the legislature but a law made by the people themselves, the conclusion is obvious that the legislature cannot annul it nor make any substantial change in its provisions. If the legislature can alter the rule of representation it can repeal the law altogether, and thus defeat a measure which has been willed by a higher power.

A change in the fundamental law, when not made in the form which that law has prescribed, must always be a work of the utmost delicacy. Under any other form of government than our own, it could amount to nothing less than a revolution. The greatest care should, therefore, be taken that nothing be done which can give rise to doubts or difficulties in the choice of delegates or the harmonious organization and action of the Convention. A controversy about the number of delegates to which any county is entitled may lead to irregular and disorderly proceedings at the election, and an imperfect expression of the will of the electors in the choice of delegates. It may embarrass the inspectors of elections and the canvassers of votes. It may also tend to disorder in the Convention, where the question must finally be settled who are and who are not members of the body. In the strife of parties, if there should be parties in the Convention and they should be nearly balanced, the body may either be broken up or the moral force of its acts be greatly impaired. As a question of expediency, therefore, as well as of power, we think it the safest course to leave the iaw as it now is.

If, however, the Assembly should think otherwise, it is then proper that we should take some notice of the bill which has been referred for our consideration.

The first section of the bill is in the following words:
:-

"Sec. 1. The true intent and meaning of so much of the seventh section of an Act, entitled, 'An Act recommending a Convention of the people of this State,' passed May 13, 1845, as relates to the number of delegates to be chosen to the said Convention in and by the respective cities and counties of this State,

is, that the number of delegates to be chosen to the said Convention, in and by the said cities and counties respectively, shall be the same as the number of members of the Assembly which the said cities and counties will respectively be entitled to elect according to the census of the inhabitants of this State taken in the year 1845."

We have already expressed the opinion that such is not "the true intent and meaning" of the law. It is proper to add that, as the section merely professes to declare what the law now is, without either proposing to alter it or commanding any thing in particular to be done or omitted, it cannot change the legal effect of the existing statute. The legislature has no judicial power. Although its opinions are entitled to great consideration, they cannot have the force of a law. If, therefore, it is deemed expedient to legislate on the subject, it is submitted that there should be a positive enactment instead of a mere declaration of opinion.

The second section of the bill goes beyond a mere declaration, and provides that the number of delegates to be chosen to the Convention "is hereby declared to be and shall be as follows," [specifying the number to be elected in each county.] The words "shall be" give this section the force of a command, and, if the section should be enacted, it will have the effect of altering the Convention law, if the legislature has any power over the subject.

The two remaining sections of the bill call for no remark.

In this discussion we have assumed, without intending to express any opinion on the subject, that the Constitution can be amended in a different way from that which has been prescribed by the people in the instrument itself.

We cannot close this communication without expressing our regret that questions of so much delicacy and importance should be presented under circumstances which have given us but a few hours for conferring together and reducing our opinion to writing. Neither of us had either examined or thought of the questions until after the reference was made; and it was not until this day that we were able to meet and consult together on the subject.

ALBANY, April 14, 1846.

Respectfully submitted,

GREENE C. BRONSON,
SAMUEL BEARDSLEY,
F. G. JEWETT.

E.

THE official proceedings culminating in the reassembling of the Louisiana Convention of 1864 are shown by the following documents:

I.

MINUTES OF THE CAUCUS OF MEMBERS OF THE LOUISIANA CONVENTION
OF 1864, BY WHICH THE PRESIDENT OF THAT BODY WAS REMOVED, AND
A PRESIDENT PRO TEM. APPOINTED, AS PUBLISHED BY ITS SECRETARY.
NEW ORLEANS, June 26, 1866.
In pursuance of the following invitation, a meeting of members of the Con-
stitutional Convention of the State of Louisiana, was held at the State House.

NEW ORLEANS, June 23, 1866. SIR, Several members of the Convention, as well as the Executive, request you to attend a meeting of the members of the Constitutional Convention of the State of Louisiana, at the Mechanics' Institute, New Orleans, on Tuesday, 26th inst., at 2 o'clock, P. M. JOHN E. NEELIS, Secretary.

On motion of Mr. Cutler, Hon. R. K. Howell was called to the chair. The roll being called, the following members responded to their names, viz.: Messrs. Jno. T. Barrett, Jos. G. Baum, Robt. B. Bell, Jos. V. Bofill, J. R. Bromley, Jno. Buckley, Jr., Terrence Cook, Benj. Campbell, F. M. Crozat, R. King Cutler, Jno. L. Davies, James Duane, W. R. Fish, G. H. Flagg, Edmond Flood, Louis Gastinel, C. H. L. Gruneberg, Edward Hart, P. Harnan, J. J. Healy, Jno. Henderson, Jr., Wm. H. Hire, R. K. Howell, Geo. Howes, H. Maas, Robert Morris, P. K. O'Conner, John Payne, O. H. Poynot, John Purcell, Alfred Shaw, Charles Smith, C. W. Stauffer, Jno. A. Spellicy, Robert W. Taliaferro, J. Randall Terry, W. H. Waters, and Ernest J. Weck.

On motion of Hon. R. K. Cutler, Mr. J. K. Belden, having had his credentials approved by the Committee on Credentials previous to the adjournment of the Convention in 1864, was admitted to a seat as a member of this body.

On motion of Mr. Fish, Maj. J. H. Andem was appointed official reporter. On motion of Hon. Chas. Smith, Mr. Shelley was invited to a seat within the bar.

Mr. Cutler offered the following preamble and resolutions:

Whereas, The Constitutional Convention of the State of Louisiana, when it adjourned in 1864, adjourned subject to call, in case of any emergency prior to the admission of this State into the Federal Union;

Whereas, The Civil Rights Bill has become a law, and certain amendments to the Constitution of the United States have passed both Houses of Congress, and now await the ratification of loyal legislatures of the several States;

Whereas, In the opinion of all the powers of the General Government, of the Executive of the State of Louisiana, of all the members of said Convention, and of all the loyal citizens of the State of Louisiana, there is sufficient cause, and the emergency does exist for the reconvocation and action of said Constitutional Convention;

Whereas, His Excellency, the Governor of the State of Louisiana, and a large number of the members of said Constitutional Convention, have personally and collectively, and at divers times within the past two months, waited upon, conversed with, and demanded of the Hon. E. H. Durell, President of said Convention, to issue his proclamation to reconvoke said Convention, or resign his position and office of president of said body; and

Whereas, The said E. H. Durell, president as aforesaid, did continually refuse, and now peremptorily refuses, to either issue his proclamation to reconvoke said Convention, or to resign his office of president thereof;

Be it therefore Resolved, That the said E. H. Durell is no longer entitled to the confidence of the members of the Constitutional Convention of Louisiana, or of the loyal people of the State of Louisiana, or of the General Govern

ment.

Be it therefore Resolved, That the office of President of the Constitutional

Convention of the State of Louisiana, for the purposes of reconvoking and properly organizing said Convention be, and the same is hereby declared

vacant.

purpose of recon

:

Be it further Resolved, That this body do now proceed to elect a president pro tem. of the Constitutional Convention of Louisiana, for the voking and permanently organizing for action said Convention. For the foregoing, Mr. Smith offered the following substitute: Resolved, That a committee of five members — including the president of this meeting as chairman - be appointed to call upon Hon. E. H. Durell, President of the Constitutional Convention of Louisiana, and request him to issue his official call for its reconvocation.

On motion of Mr. Fish, the substitute was laid on the table.

Mr. Smith then moved that a committee of seven members be appointed to wait on Judge Durell, and ascertain his views relative to calling the Convention together, and report within one hour.

The motion was adopted, and the president appointed the following members to compose said committee, viz. : —

Messrs. Smith, Poynot, Purcell, Stauffer, O'Conner, Harnan, and Barrett. On motion of Hon. R. K. Cutler, the president of this meeting was added to said committee.

The Convention then took a recess of one hour, in order to allow the committee time to report.

On reassembling, Mr. Smith, on behalf of the committee appointed to wait on Judge Durell, verbally reported that the committee had discharged its duty, and that Judge Durell declined to issue a call reconvening the Convention, alleging as his reasons fears that he would not be sustained in doing so, and also his distrust of the Governor of Louisiana. On motion, the report was received, and the committee discharged.

The yeas and nays were then demanded on the adoption of Mr. Cutler's preamble and resolutions. The roll being called, the following members voted yea:

Messrs. Barrett, Baum, Bell, Belden, Cook, Cutler, Duane, Davies, Fish, Flagg, Flood, Hart, Henderson, Howell, Howes, Healey, Maas, O'Conner, Payne, Poynot, Spellicy, Stauffer, Terry, and Waters — 24.

The following members voted nay, viz. :—

Messrs. Bofill, Hire, Morris, Shaw, and Smith - 5.

Whereupon the president declared the preamble and resolutions adopted. In accordance with the foregoing resolutions, nominations were declared open for President pro tem. of the Convention. Hon. R. K. Howell was nominated by Mr. Shaw. No other nominations being made, Mr. Cutler moved that the Hon. R. K. Howell be unanimously declared the President pro tem. of the Convention.

The secretary submitted the name of Mr. Howell, and he was unanimously elected. Mr. Cutler offered the following resolutions: —

Resolved, That it is the earnest desire of the members of the Constitutional Convention and all loyal citizens of the State of Louisiana, that the Hon. R. K Howell, this day elected president pro tem. of this Convention, in conjunction with His Excellency the Governor of the State, do immediately issue their

respective proclamations reconvoking said Convention, and ordering elections to fill vacancies to said Convention.

Resolved, further, That it is the earnest desire of the members of the Constitutional Convention of the State of Louisiana now assembled, that the said Convention should assemble, and said elections be held, within the shortest delay possible.

The foregoing resolutions were unanimously adopted, and the Convention adjourned subject to the call of the president pro tem.

JOHN E. NEELIS, Secretary.

II.

PROCLAMATION,

BY R. K. HOWELL, PRESIDENT PRO TEM. OF THE CONVENTION FOR THE REVISION AND AMENDMENT OF THE CONSTITUTION OF LOUISIANA.

Whereas, By the wise, just, and patriotic policy developed by the Congress now in session, it is essential that the organic law of the State of Louisiana should be revised and amended so as to form a civil government in this State in harmony with the General Government, establish impartial justice, insure domestic tranquillity, secure the blessings of liberty to all citizens alike, and restore the State to a proper and permanent position in the great Union of States, with ample guarantees against any future disturbance of that Union.

And whereas, It is provided by resolution adopted on the 25th day of July, 1864, by the Convention for the revision and amendment of the Constitution of Louisiana, that when said Convention adjourns it shall be at the call of the presi ident, whose duty it shall be to reconvoke the Convention for any cause.

And whereas, further, It is important that the proposed amendments to the Constitution of the United States should be acted upon in this State within the shortest delay practicable; and that he shall also, in that case, call upon the proper officers of the State to cause elections to be held to fill any vacancies that may exist in the Convention, in parishes where the same may be practicable. And whereas, at a meeting held in New Orleans on the 26th June, 1866, the members of said Convention recognized the existence of the contingency provided for in said resolutions, expressed their belief that the wishes and interests of the loyal people of this State demand the reassembling of the said Convention, and requested and duly authorized the undersigned to act as president pro tem. for the purpose of reconvoking said Convention, and in conjunction with His Excellency the Governor of the State, to issue the requisite proclamation reconvoking said Convention, and ordering the necessary elections as soon as possible;

Now, therefore, I, Rufus K. Howell, president pro tem. of the Convention as aforesaid, by virtue of the power and authority thus conferred on me, and in pursuance of the aforesaid resolutions of adjournment, do issue this my proclamation reconvoking the said Convention, for the revision and amendment of the Constitution of Louisiana; and I do hereby notify and request all the