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The Constitutional Convention in New Orleans in 1866 was deemed an unlawful assembly primarily because it was convened without the authorization of Congress, which had control over Reconstruction in the Southern states. The convention sought to draft a new state constitution that would restore the pre-war political order, undermining the federal government's efforts to reshape Southern governance. Additionally, it was viewed as a reactionary response to the Reconstruction Acts, which aimed to ensure civil rights and political representation for formerly enslaved individuals. This context led to the perception that the convention was illegitimate and counterproductive to national reconciliation efforts.

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