LOUISIANA. 





Much di--.i',i-t'action \v;is felt, both ill tlioLo- 



gislatmv and el \\iththe (-institution 



'.I, ;in instrument which had been ratified 



i! ji:irt of the. citi/.ens of the 



Accordingly, early in this sc-simi of 



Mr. McConncll, of tho Iloii-c 



ntatives. set on f,.,,i ;t plan providing 



convention to revise the constitution. 



; ill introduced for this purpose, Ity tho 



I'ommitrc.' in whom Mr. McConiU'll's resolution 



on tin- -iil'j.rt had been referred, provided that 



as the people of the State had had no opportu- 



nity since the dose of the war to remodel their 



as to adapt it to the great 



ehaiiLT'-s which had taken plar", the question 



of holding u convention to effect that object. 



should ho suhinitted to a general vote of all 



iho-c entitled hy law to vote for members of 



I Assembly. The vote was to be 



i on the second Monday in April for a 



(''invention " or "No Convention, ''and dele- 



gates were to 1-e roted lor at the same election, 



ts of ballot-boxes being provided to ef- 



ins double purpose. It was further pro- 



vided that, in case the election resulted in favor 



of holding the proposed convention, the dele- 



1 assemble at New Orleans on the 



' ! Hiday in May. The issuing of the writs 



of election and the proclamation announcing 



the result of the vote were to be made by the 



; try of State instead of the Governor. 



The bill passed both Houses with very little op- 



po-ition. but was promptly vetoed by the Gov- 



ernor, on the ground that it was unconstitution- 



al, as ho considered that tho question of hold- 



inir a convention and the election of delegates 



for that convention as distinct and separate ob- 



. not to be voted on at the same time ; he 



led it an invasion of his constitu- 



tional o provide that another officer 



should perform the functions which regularly 



heliiired to the Executive in regard to calling 



an election. Hi; furthermore said : 



I am justified in believing, from events transpiring 



in Congress, that a convention of the people, as pro- 



vi.lnl tor in tho bill under consideration, would not 



be permitted or recognized ; whether, in view of this 



ulmo.st certain uiul tixeil laet, it is expedient or politic 



ist in the enactment of a law that cannot be 



< d, is a question I leave to tho consideration of 



the Legislature. 



Tho bill was, however, passed over the Gov- 



ernor's veto; bnt the military reconstruction 



ires of Congress soon followed, and placed 



1 ;ite in a position so entirely new, that the 



ion was subsequently reconsidered. On 



that mva^ion Mr. Fenncr, of the House, pro- 



! to incorporate into the Convention I Sill 



..nchi-e clause of the Congressional ineas- 



nre. With this suggestion the subject was 



! to the Joint Committee on Federal Il- 

 lations. and a ne\v bill was reported by the 

 committee, substantially reenacting the first, 

 with a postponement of the election to 

 temper, und of tho convention to October. 

 \Vlu- 1 . measure came before the Sen- 



ate. a tiiird bill was offered by Mr. Gray, re- 



poaling tho entire action of tho Legislature on 

 ije< t. This repeal was finally agreed to 

 in both H<> 



The Military Reconstruction Act of Congrew 

 i of March, and Louisiana 

 thereby joined with Texas to form the 

 Di>trict. While this measure 

 >.t under con.-iderution at Washington, 

 the following resolution was introduced in the 

 Louisiana Assembly : 



Be it waived by the Senate and HOUM of Kepre- 

 es of the Mate of Louisiana, in General At- 

 i convened, That the Judiciary Committee of 

 t!if House and Senate be instructed to investigate 

 jointly, and report as early a* practicable, the best 

 and most expedition* method ot' testing before the 

 Supreme Court of the United States the constitu- 

 tionality of any act which has been or may be passed 

 by Congress, infringing upon the rights of Louisiana 

 as a sovereign and duly-organized State. 



An amendment confined the operation of the 

 resolution to the particular act then before the 

 President for his signature, and in that form 

 was adopted. Meantime, the Congressional 

 measure became a law, and Mr. Hough, of the 

 Senate, proposed that the Legislature adjourn 

 sine die on the 15th of March. Mr. Palfrey 

 opposed any such action before the subject of 

 the constitutionality of the reconstruction law 

 was put in the way of a thorough test, and a 

 remonstrance was framed against what he 

 styled the " usurpation of Congress." The 

 resolution looking to adjournment on the 15th 

 was lost. 



On the llth the following resolutions were 

 referred by the Senate to the Committee on 

 Federal Relations : 



Wliereas, The fundamental doctrine of American 

 constitutional law is, that the General Government 

 has only such rights and powers as are delegated to 

 it by the Constitution of the United States ; while 

 all other rights aud powers not delegated are ex- 

 pressly reserved to the several States or the Union ; 

 Whereas, The law of the United States entitled 

 " an act for the more efficient government of the 

 rebel States" is unconstitutional in several respects, 

 but more especially in the following particulars, to 

 wit : it ignores the legal existence ot ten States, 

 forming an integral part of the Union ; it declares 

 that not only the State governments of the States are 

 provisional and de facto, but that they are subject to 

 the absolute control of the General Government ; it 

 interferes with the right of suffrage and eligibility to 

 office in State elections ; it deprives the said States 

 of all participation in the rights and privileges of the 

 (iv mral Government, whilst they are made to share 

 all its burdens, including full taxation without repre- 

 sentation ; and lastly, in time of universal tranquilli- 

 ty, it delivers over, even unto death, to irresponsible 

 commissions, armed with inquisitorial powers t a 

 whole people for moro than eighteen months ddi- 

 <r< ntly pursuing the a vacations of pence, and yielding 

 full and cheerful obedience to the General Govcni- 

 . uient; 



.vat, The peopb of the aforesaid ten States 

 owe to themselves and to their posterity, to int. r 

 all leiral obstacles to the enforcement of a law which in 

 its consummation must inevitably subvert their liber- 

 ties, and ultimately tho liberties of the other States 

 of this Union ; be it resolved : 



SEC. 1. That the people of the State of Louisiana 

 do enter this their solemn protest a-jninst the en- 

 < orcement within the limits of this State of the law 



