New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-25


committee, they could not give this body more
lucid report than had been presented by tht
committee.
| Mr.. PRICE presumed that the committee hat
done full justice to the subject. 1t is evident
| that they have had very important labor tt
perform, and the report shows that great care
has been bestowed upon it. If the Convention
believed this, it was its duty to the committee
| to adopt the report. He did not think that the
delegate from Jefferson desired to impugn the
motives or action of the committee, in his sug-
geston that another committee by appointed
but that gentleman would see that such a pro-
cecding would be constructive, if not direct
censure of the committee. The experience Of
practical printers in this Convention had shown
that the rates are not unusually large The
committee had acted with caution and good
judgment, and had taken all the advice that
they could get, and it was due to them that the
report be adopted.
Mr.. BEsANcoN explained that his object in
suggesting another committee was, that such a
full report might be presented as would save
discussion on this floor. He certainly did not
design to impugn the motives of the committee,
and now withdrew his motion
On Mr. Risks motion to lay on the table the
substitute offered by Mr.. Sandidge, the yeas
and nays were called, and the substitute was
laid on the table by vote of SO yeas, 18 nays.
Inc report Jnen prevailed.
IMPEACHMENT OF STATE AUDITOR.
Impeachment of the Governor, Lieutenant
Governor, Attorney General, Secretary of State,
State Treasurer, and Judges of the District
Courts shall be tried by the Senate. The Chief
justices of the Supreme Court, or the Senior
Judge thereof, shall preside during the trial Of
such impeachment, etc.
Mr. ErsTls offered to amend by inserting
s' State Auditor after estate Treasurer
Mr. DuFouR opposed the amendment because
the office of State Auditor is not created or re-
cognized by the Constitution
The amendment was withdrawn
Mr.. BEsANcoN renewed it. 1t was we'll known
that we had the office of Auditor. All the Off
GERS would now be elected by the people They
ought to be placed together
Mr.. RICHARDSON, Of Ouachita, moved to lay
the subject the table Which motion pre-
vailed
THE OFFICIAL OATII-DuELLNG.
Article 49, Members of the General Assem-
bly,, and all officers, before they enter upon the
duties of their offices, shall take the following
oath or affirmation
Z" "a B do solemnly swear (or affirm) that
will faithfully discharge and perform all the
duties incumbent on me as -, according to
the best of my abilities and understanding,
agreeably to the Constitution and Laws of the
United States and Of this State And further
soemnly swear (or affrm) that since the adop-
tion Of the present Constitution. ! being citi-
zen of this State, have not fought duel with
deadly weapons within the State, nor out of it,
with citizen of this State; nor have | sent or
accepted a challenge to fight duel with deadly
weapons with a citizen of this State nor have /
aided or assisted any person thus offending, so
help me Cod
Mr.. PREAEx offered the following substitute
to the above article
's Article SO. Members of the General Assem-
bly,, and all officers, before they enter upon the
duties of their Offices, shall take the following
oath or affirmation:
| "a. b. do solemnly swear Tor affirm) that |
will faithfully and impartally discharge all the
duties incumbent on me as =, according to
the best OF my abilities and understandings
agreeably to the Constitution and Laws of the
United States and of this State and that will
support the Constitution of the United States
And do further solemnly swear (or affirm) that
since the adoption of the present Constitution
being citizen of this State, have not fought a
duel with deadly weapons within this State or
out OF it, with a citizen of this State; nor have
| sent OF accepted a challenge to fight duel
with deadly weapons with citizen of this State;
nor have acted as second in carrying chal-
lenge, or aided, advised or assisted any persons
thus offending. do further solemnly swear,
that | have never knowingly provoked any fell
low-citizen to send me challenge by striking
him or by gravely insulting him or his mother
sister, wife or child, nor by any other act cal
culated to provoke duel So help me God''
Mr.. PREAuX said that as a man he was op-
posed to the custom of duelling, and he believed
that there was no sensible man who was not
opposed to such barbarous custom But
although opposed to it, he had lived long enough
in society to know that there were wrongs, many
times, inflicted upon men which it was out Of
the power of the law to redress-wrongs which
the law could not even touch, but which so
deeply wounded the feelings of imam that while
they were ranking in his bosom, life was of no
yalue-hte was an agony.
The Constitution of lS45 article 1870, has nro-
vided that ''Any citizen of this State who shall,
after the adoption of this Constitution, fight
duel with deadly weapons with a citizen of this
State, or send or accept challenge to fight
duel with deadly weapons either within this State
or out Of it, with citizen of this State, or who
shall act as second or knowingly aid and assist
in any manner those thus offending, shall be
deprived of holding any office of profit and of
enjoying the right of suffrage under this Con-
sttution.''
BY this provision of our Constitution, the citi-
zen who sends the challenge is disfranchised,
while the person who proyokes the challenge is
not touched. The one who sends the challenge
the one who has received the injury, meets with
all the punishment, while the one who inflicts
the injury, however great, is not punished
at all.
He would suppose the case, that he, peace
able man, was slapped by another man, and
that he desired to punish him--what would the
law do to solace his wounded feelings: What
punishment would it infiict on the man who had
given him such great offence? This has been
so often tried that the extent of what the law
will do for the injured man is well known.
The greatest punishment inflicted upon the Of
fender is one months imprisonment or fine of
$25 Such punishment as that, so disproportion-
ate to the offence, the offender could we'll afford
to laugh at.
But, in the meantime, what would be the con-
dltlon OF has teelings-what would be the effect
OF the fragrant insult offered to hi,n-what in
fuence would it have on his social position
Ii he did not challenge the man who had slapped
him, he would be stigmatized as a coward ; yes,
even by those who approve of the article against
dueling in the Constitution of the State. Even
his friends who knew that he did not approve of
the practice of duelling, would think that he
had not the self-respect and pride of character
which they believed him to have before. And
the person who was most attached to him, his
wife, would be ashamed that persons should have
1t IN their power to say that her husband was
coward. There would therefore, be nothing
left for him if he was possessed of the right feel
lngs OF man, but to challenge the person who
had slapped him and be disfranchised, while
his aggressor would escape from the difficulty
with one months imprisonment or a fine of sos
He would ask if this was fair'
Jo Oh