New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-06
OFFICIAL. -. w. :
DEBATES OF THE STATE CONVENTION !.
OF LOUISIANA.

JURISDICTION OF JusrIcEs. :. :.

Fn,pAy, July 10, 1s52
5.l. JURISDICTION OF JusTIcEs. :. !. n, 4.
Mr.. IsAAcKs offered the following Article:
'Tho Legislature shall have authority to
extend jurisdiction to Justices Of the. Peace Of
all minor crimes and offences
Mn IsAAcKs--I submit that II will be q pro.
per act Of this Convention to relieve the pa
rishes in this State Of the immense tax to which
they are subjected in the necessity to summon
juries for the trial Of petty crimes and offences
The present mode of procedure imposes not only
q heavy tax, but also large amount of trouble
which is wholly unnecessary. Any one familiar
with the present mode Of trial of these minor
cases, knows that the expense is great and op-
pressive, and that it is also unnecessary. 1t
may be said that the Article which / now offer
will deprive citizens of their rights But an
swer that objection by saying that, instead of
depriving them of their rights, it gives them
their rights at once. The report of the Judi
ciary Committee sets forth that Justices of the
Peace :" shall be elected by the qualified voters
OF each parish, for the term of two years, and
shall have such criminal jurisdiction as shall
other day that the Chairman of the Judiciary
Committee told us that he was opposed to a
similar Article in relation to the city of New
Orleans, because it affected the right of trial
by jury. This carries the very strong inference
that the Chairman of the Judiciary Committee
does not think that the Legislature should give
to Magistrates the right Of trial in any cases
without the intervention of q jury. While on
this subject, | may notice another objection
which l have to the report of the Judiciary
Committee 1t is not sufficiently distinct in re-
lation to the nature of crimes to be tried before
Justices Of the Peace. The Chairman of the
Judiciary Committee has explained to us, at
length, his views as to what constitute msde-
meanors, and it is evident that he does not in
t,,1 ~, r .,I, =
provision for the trial of the large number of
cases which he classed under that name,
although, at the same time, he argued that
there was a good deal of difficulty in defining
the nature of the jurisdiction that a Magistrate
might safely have. / apprehend that the Arti-
Gle which have just offered is not SO compre-
hensive MS to give to Magistrates improper
jurisdiction, while it is sufficiently restrictive to
limit them to safe jurisdiction in all minor
crimes and offences.
MR.. PREAuX moved that the farther conside-
ration of the Article offered by Mr. Isaacks
should be postponed until Tuesday, the Goth
inst, to be then taken up with the report Of the
Committee on the judiciary
The motion prevailed.
Mr. OLIVIER, of ST. Mary, having voted in the
majority, yesterday, on the substitute for Art;-
ele 10S, offered by Mr.. Eustis, and adopted,
moved a reconsideration of the vote, which was
granted
Mr. v... ilsfsA@I uesire to offer an amendment
to the substitute offered yesterday by the dele
gate from Orleans have the same object in
view as that delegate; but his substitute does
not cover the whole ground. / wish that SUBJ
stitute to be now read, that there may be no
mistake as to the nature of my amendment:
"All persons shall be bailable, by sufficient
sureties, unless for capital offences, where the
proof is evident or presumption great, or unless
after conviction by petty jury for any offence
or crime punishable with death or Imprisonment
at hard labor The privilege of the writ of
haGeus corpus shall not be suspended, unless
when in case of rebellion or invasion the public
safety may require it,
man may be convicted of crime punisha-
Bile with imprisonment in the penitentiary, and
yet may not be convicted s'by q petty iury'
/ do not think that when q man is arraigned
the law makes it obligatory on him to be tried
by jury of hispeers. He might, then, if he
waived the trial by jury, be pardoned under
this substitute article, after conviction of an
offence punishable with Imprisonment and hard
labor. 1t is not my purpose to restrict the priv
ileges guaranteed to the Governor, by Article
AZ of the Constellation, nor to affect his rights
under that article. But | wish the law of the
land to be so plain, that the decisions of our
Courts may not, under any circumstances, be
set at naught. Under the operation of this sub
slilute, Ile tEue lHlenblOH Vi tii0 law may De
violated. The Governor may do this The pre-
sent Governor has shown that he would be in
clined to act against the spirit of this substi-
tute Article, if it shall not be so carefully
guarded as to restrain the Executive preroga-
tive. 1t was only the other day, in my own
district, that a man was convicted of man
slaughter, in the District Court He appealed
to the Supreme Court, and although his case
was advocated by some of the most able law
in the State the Suprnna Court al 1p1
the decision of the District Court. Yet, he was
reprieyed by the Governor, with this provision
that he should enter into bond for $40 600, lest
his reprievc by the Governor should not be con-
firmed by the Senate. The Senate refused to
confirm, and the criminal is now fugitive from
justice. Here is solemn decision of our Su.
preme Court, confirming decision Of conviction
by the District Court, set at naught. This is a
disgrace to the State of Louisiana. 1t would be
reproach upon this Convention We're we to be
so lax in our provisions for the punishment o
crime as to leave in this important Article room
for a possibility, that solemn decisions of our
Supreme Court might be eyaded under it. If a
man can be convicted otherwise than 'by q
petty Jury it is clear that the insertion Of
these words in the Article is unnecessarily mar.
rowing the scope of our own views, and restrict
ing the operation of a constitutional provision
on which so much depends, for the safety anC
we'll being of our people, and the honor of our
State. l shall, therefore, move to strike ou
the words ''by petty jury" Had been here
on Monday, when Article Al was under consid-
Grafton, should have moved, that in all cases
where an appeal may be taken, the crimina
shall remain in the hands of the Sheriff, from
the time of conviction, until the appeal shall b,
disposed Of lam satisfied that that is the trut
kind of bail which will effectually prevent tn,
evasion of punishment.
Mr.. DuFouR.-Thc gentleman's object woule
be accomplished, by striking out the words ''by
petty jury" Conviction for all offences sucl
as are excepted by Article 10S, as adopted
yesterday, would thus preclude bail. 1t mat
ters not whether the prisoner may waive n tria
by jury, or not He may stand convicted
either by his own confession or by the decision
of petty jury. If prisoner pleads guilty
he is convicted to all intents and purposes. Or
prisoner being arraigned, and confessng, hi
stands convicted without any decision, so tha
by leaving out the words. ''by a petty jury
the operation of the Article will be free fron
exception or evasion.
Mr.. 0IIyIEE.--Before the vote shall be ia
ken on my amendment Will remark, that al
though it is perfectly clear that the Governo
has no right to order party to give bonds
lest the Senate may not confirm his act of re
prieyc, yet, this has been done, and may b
done again; and although the Sheriff has n
right to take such bonds, yet Sheriffs have ia
4 ken them; and we know that when commando
by the Chief Executive Of the State, they ma
do the same thing again. [ wish to see th