New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-06

4 on end to this obnoxious practice of duelling.
She has emblazoned her veto power against it
in the 130th Article of her Constitution. There
it stands in the face Of the world as living
monument cf her bold declarations Sir,
trust, ll"e, that it may stand there until
TING -S.iGli he no more. There it stands, as q
btnc'ih- I'gst to her sons to warn them to spurn
thar oiieRs custom of dueling, at the peril Of
Their most sacred rights. ..
Louisiana, by cmbodying this Article in her
Constitution, has excited the admiration of the
world, and the States of this glorious Union
/ point to her, MS to an example worthy of imi-
tation by them all. This Article has been pro-
ductive of great good, exercising at all times a
| most salutary influence, and trust that it may
be permitted 10 stand in the Constitution, to
shed its light and influence upon those who are
to come after us-on our sons and sons of sons,
as they rise up and lean to respect it, We live
| in an age of unparalleled progress and improve
ment, and it is an object near my heart to see
our moral standard rise to the highest degree of
| excellence. Sir, the gentleman has said that
| we were inconsistent in our course in this Con-
yention. l presume that we all have acted as
faithful public servants in the discharge of our
duties, being prompted by none other than hon
est and correct motives; and trust that all of
| us will be able to give faithful account of our
stewardship. But l think that gentlemen in
| this Convention mistake qualification for re-
strction, and thus confound the true argument,
which, have no doubt, it is their desire to elu-
cidate. And now, Mr. President, have done;
but L cannot take my seat without reiterating
the sentiment, that my voice shall ever be lifted
in opposition to the barbarous custom of duel
ing. | therefore trust, and confidently hope,
that the gentleman's resolution may not pre-
/ vail.
The substitute of Mr.. Castellanos was laid
j upon the table,
/ The Dueling Article was then adopted, with
out amendment, and SO nearly unanimous was
the vote, that a motion to call the yeas and
nays was unsuccessful
Messrs Preaux Hernandez and Staes asked
leave to have their votes recorded, against the
adoption of the article, which was ordered
MIR. PREAux gave in the following explana-
tion of his views and vote: I vote ssno," be-
cause I consider Article 130 of the Constitu-
tion Of 1915, as penal statute, and that the
guilty party is placed in the situation of being
compelled to give evidence against himself, and
to support the chances of the sentence of dis
franchisement, without fair hearing of his
case, which effects are, in my opinion, contrary
to the true principles of Republican Govern.
ment
Article 130 having been adopted, Article 80
which had been postponed with Mr.. Preaux:
substitute, was next taken up.
Mir. CoTToN moved to lay the substitute OF
:. the table The motion prevailed.
Mr.. JONES proposed to amend Article 80, a:
follows: l farther do solemnly swear that
have not procured any appointment or election
by bribery or the purchase of votes, neither di
| rectly nor indirectly. .
!, The amendment was rejected.
Mr. GuIoN moved to amend the oath by add.
t ing, 81 will support the Constitution of the
United States, and this State
Mr. DuFoUR thought the amendment super.
: huous, because the party already swears to dc
his duty agreeably to the Constitution and laws
of the United States, and of this State. The
whole object was already embraced.
Mr.. GuIoN-The objection of the gentleman
is not tenable. want all officers, both fedora
and State, to take an oath to support the Con.
stitutions, not only in the line of their officia
duty, hut in all their actions in life
f MIR. BENJAM1N-When the FIRST Governor wa
sworn in under the Constitution of this State
: Judge Martin, then Supreme Judge, took tn
n Act OF Congress and the Constitution Of thi
: State, and made him take the oath of fidelity
It both, giving it as his opinion that the oath |
). observe both was necessary. | think that til
3 amendment of the gentleman from Lafourche
y clearly proper.
, Mr.. HUNT-The Constitution of the Unite
:. States requires that all officers shall take th
C oath. My colleague is right. The act wa
l passed by the first Congress, and the oath re
| terred to has been required ever since.
Mr.. GUIoN's amendment was adopted
|
article, which reads thus:
Article -. The people of this State have tht
sole and exclusive right of governing themselves
' as free, sovereign and independent State, ant
OF exercising each and every power. jurisdiction
t and right pertaining thereto, which is not, OIL
may not hereafter be, by them expressly dele
gated to the Government of the United States
Mr.. DELoNY-TI desire to advance only few
, words in support of this resolution There ar,
a variety of powers claimed by large portion
e of the people of the United States as belonging
to Congress We find ourselves continual,
4 disputing rs to the rights of Congress. Yher
are implied powers and there are necessary
powers, and there are powers in Congress:
to carry out specific purposes. Now, my
| desire is that the Constitution which VIZ
9 are now framing for the State of Louisiana
will express itself most clearly that the State O
Louisiana claims for itself, and reserves tt
itself, the right to exercise all powers which il
f has not expressly delegated to the General Gov
ernment. These are my reasons for placin.
| this resolution before the Convention.
2 The article was rejected.
SWAMP LAND DONATION.
Mr.. BENJAMIN offered the following additiona
5 article, under the title of General Provisions
f Article -. None of the lands granted by
Congress to the State of Louisiana for aiding il
III constructing the necessary leyees and drains
> to reclaim the swamp and overflowed lands il
this State, shall be diverted from the purposes
for which they were granted.
Mr.. BENJAMlN-Mr. President, my reason fol
offering this article is to prevent any casual lie
gislative authority from diverting the purpose
, of this grant. l hold in my hand the act o
Congress which makes the grant. 1t is ex
pressly designed to aid the State of Louisiana il
constructing the necessary levees and drains t.
reclaim the overflowed lands therein The gran
V was a just one, and all of us know the reason
The citizens OF the low lands had at their owl
t expense, through series of years, reclaimed
vast portion OF the overfowed lands of this Statt
and the greatest part of the benefit resulting
| from their act went to the General Government
+ the improvement bringing large additiona
quantity of lands into successful cultivation
There was yet an immense quantity of land t.
reclaim, and as Congress could not reclaim it il
c the condition Of things, it made grant Of min
millions of acres to this State, that the peopl
! of the State might do the beneficial work. Now
sir, l believe that none Of us desire to see tina
grant diverted to other purposes, but the tim
n may come when o Legislature may feel disposed
2 to divert portion of that magnificent grant t.
: the purposes of improvement in other portion
k of the State. / therefore hope that the plaii
j design of the grant by Congress may be incor
If porated in the organic law, so that the Legis
!, lature may be restrained from applying an,
t portion of the grant to other purposes thai
o those for which they were intended.
S Mr. HUNT will vote for the article intro
: duced by my colleague, although its incorpora
l. tion in the Constitution would seem to imply