The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-11-01

into II the provisions OF the act OF 1888 and COPY
ing substantially the words of the act were aware
OF the construction they had uniformly received,
and intended that in the Constitution they should
have the same meaning But each citizen ia nf
at liberty to construe the Constitution for himself.
He must take it as it is judcially interpreted: and
our present Supreme Court have decided that in
criminal cases, questions of continuance and new
trial are purely questions Of discretion which thev
have not the power to review
In the case of a man who was prosecuted for
MURDER where II appeared on the affidavit OF Mr. B.
B. Lee that the accused had been forced into trial
without an opportunity Of summonng his witnesses
or preparing his defence, and where the Jury
after Judge McHenry, eager for conviction, had
comfslled them by species of duress to render
verdict" recommended him to the mercy Of the
Court on the ground of the prisoner not being pre-
pared for trial !" .he Supreme Court refused to in
ierere, and adhered to its iron rule. That man,
whether innocent gnilty, is now a convict in
the State peneDtiary, without having had an op-
portunity of defending himself. The Judiciary De-
partment, therefore, fellow. citizens, has failed
from defect In its structure I; it is incapable Of
settling principles and Of establishing tie law in
cases within its acknowledged jurisdiction and it
has heen denied by the construction of the Court,
the exercise of the power absolutely necessary for
the protection of the fe the liberty, the reputation
and the property of the citizen. | speak with the
freedom of history, and | hope without offence
But speak regardless Of the consequences of of.
ience-determinsd as free to give free utter
ancr to my candid opinions and Judgment, when
speaking 10 you on matters of high public impor-
tance. The Judiciary Department. then, of our
government, like the Legislative Department Of
the government, has proved an entire failure. The
only remedy is in the overthrow of the constitution
The constitution must be abolished.
Fellow citzens-I have already detained you so
long that will trouble you with only few re.
marks on the Executive Department of our govern
ment. The structure of that department e less de-
fectve than that of either Of the other departments.
The principal Objection to it as it at present exists
Is the immense patronage attached b it, through
tue power OF appointing to Office; and this defect,
has been and still is in the power of the Legisa-
ture, IN some measure, to correct by exercising
their constitutional right to prescribe the mode Of
appointment to Offices established by law But
the Legislature has failed in this part as in other
| parts of their duty.
need not speak to you, fellow citizens, of the
manner in which the appointing power has been
exercised under the present constitution. Several
persons here called out-Go on i; go on. Let us
hear Let us hear hoD 1t has been esercised The
| speaker resumed.] Look. fellow citizens, at your
Judiciary. See the persons that have been ap-
pointed Judges in the city of NewOrleans-the
| four Judges of your Supreme Court-the Judges OF
your District Courts Extend your view further,
and see the other District Judges throughout the
entire State Have they not been appointed in
! the main on party grounds and by way of reward.
ing parry services9 Is this right. The office of
judge is of a pure and sacred nature. 1t ought
TO be the reward Of learning, virtue and ability,
and not the prize of partisan labors Look next 10
the appointment Of Noaries in this city. Is it not
| we'll known that men were appointed who were
| utterly Incompetent 10 discharge their duties
men, some of whom could not draw the most COM
| mon act, had never read a book of law, and were
| actually incapable of even undertaking the bus-
ness of the offices to which they were appointed
This was surely gross abuse of the executive
power, and all candid men who reflect upon the
subject must admit that the Executive Department
OF the government has been badly administered.
have endeavored, fellow citizens, to point out
clearly and distinctly some of the leading defects
in the Constitution of the State, and in the legisla-
ton under it, And l declare that, in my best
Judgment, that constitution and that Legislation
| have been injurious TO the best interests of the
State and of the city, and that those interests will
be still further injured and the prosperity Of New
Orleans altogether sacrificed, unless the people
shall come to the rescue - and can see no means
| of effecting change from our present condition
constitution. You must select for your representa-
tives in the State Legislature and in the National
Legislature, men of enlarged and enlightened
views, who are not behind the times, who are at
tached to the Union, and will promote Internal
| Improvement. In selecting your representatives in
Congress, you should should be particularly careful
TO choose those who will endeavor to obtain from
Congress appropriations to aid Internal improve
ment for the benefit of this State and OF the other
States. The United States are large owners of
1
acres in Louisiana alone. As these public lands
are benefited by the construction of roads, Con
gress has pursued wise and liberal system of do
mating alternate sections 10 their aid. And the re
| is no reason why Louisiana should not, in common
with other States, participate in The benefit of the
| system,
And now, fellow-citizens, while the wings are
advocating the system of reform and progress-o
reform in the Constitution and laws remedyng
injustice; removing unwise and illiberal restric
1 fnna upI prnhIh H.
modelling and rendering efficient the Judiciary de-
partment = diminishing the power Of the Execu.
tive by deprving it of patronage corruptng ant
debasing in its tendences-protectng and advanc
| ing the interests OF commerce promoting and
| extending internal improvements calling forth
and putting into useful action the now dormant en-
erges and resources Of the State--reviving credit
| and inviting capital among us-stimulating, cheer.
| ing and rewardlng labor - protecting the home
stead Of the poor man from the hand OF oppression
and providing more perfect system of public ed.
ucaton-Mr. Taylor, leading member Of the de.
mocratc party, sneers at them as being conserva
tive ) because they are attached to the Fundamental
principles of American liberty, and can recognize
no action as truly progressive which is opposed tc
those principles. And he vauntingly proclaim.
that he and his party are the only progressive party
OF this State. Impudent assertion! Progressive
In what In removing the restrictions and injus
, tice of the present Constitution No. Stan,
fast. The Constitution is good enough for him
In introducing the benefits OF a Free Banking sys
, tenn? No. Stand fast. We already enioy a Ere,
Banking system. In advancing the cause of inter
nal Improvements Alas the wings recommen,
it. Progressive in what then j? In that only
, which leads to ruin. l cannot believe that tn
great body Of the democratic party avors such pro
gress as Mr.. Taylor seems to contemplate. Am
bilious men, anxious to display zeal which ma,
| recommend them to the favor Of party, and burn
ing with the desire to become prominent leaders
frequently lose sight Of the safe ground on whicl
they should entrench themselves and runnin.
ahead, or more properly speaking, running ava,
from the people, assume positions untenabIe an,
| ruinous.
Mr.. Soue, in his speech delivered last month Il
t Opelousas, declared that :" there cannot be tw
, opinions among sensible men as to the absolut
| right of State to secede from the Union, if sh
, chooses and he quotes Gen. jackson as sustain
ing, in what he (Mr. S. calls his Counter Pro
| cidmdtion,' the right of secession But you al
, know, fellow citizens, that Gen. jackson in hi
y proclamation expressly denied the right of Stat
to secede, and declared that to call it a Consttu
tional right, can only be done through gross error
or to deceive those who are willing to assert righ
but would pause before they make revolution, q
incur the penalties consequent on failure"
, The speech of the Senator at Opelousas, and hi
. speech on the admission of California into tn
, Union, are indeed extraordinary productions, an
contain opinions and doctrines directly a, war wit
, the great principles of the Democratic party.
his speech upon the admission of California int
!, the Union, he declared that if the people of III
South quietly submitted TO the measure. then mn
" would those masters of slaves deserve to
slaves themselves; that they could bs reconcile
. a haR tn, ,t~.,..