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

our language As we are now making a Con
stitution which we hope will last for at least one
hundred years, ] am anxious that the Constitu-
tion may show that we have now made such
progress in the American language that it is
not deemed necessary to publish anything in
the French language, that il may be under
stood in any part Of this State.
i Mr.. CoLIENs-The gentIeiaar's amendment
is against reason and againat facts. 1t has
nothing to support it. l therefore move that it
be laid on the table.
| Mr.. Thompsons amendment was laid on the
table. The article was adopted.
EXECUTIVE OFFICERS.
Mr.. DUFoUR novel to add to the title &c Ex-
ecutive Department." the following articles:
Article =. There shall be Treasurer of the
State, who shall hold his Office during the term
of two years.
Article =. The Secretary Of State and Treas
urer of State shall be elected by the qualified
electors of the State.
i And in case Of any vacancies caused by the
death, resignation or absence of the Treasurer
or Secretary of State, the Governor shall order
an election to fill said vacancy.
Mr.. DuFoUR said that the Convention had
passed over the consideration of the official po-
sition of Treasurer, and also of Secretary of
State. The object was that they might be
placed by the Convention into strictly the Ex-
ecutive Department He, therefore, offered the
above resolutions.
Mr.. BENJAMIN. asked to know if his colleague
had any objections to another resolution,
! making the Auditor of Public Accounts also an
Executive officer.
: Mr. HEBRON offered the following additional
, article to the above articles: fsr
Article -. There shall be an Auditor of Pub
lie Accounts, elected by the qualified voters of
the State, who shall hold his office during the
term of two years r.rg b, .3-7.5as
MIR. WADDILI objected to making the Auditor
| a oil a1,r1J
that at the very first meeting of the Legislature
it would be found that the office was unnecessary
and would be abolished.
} Mr. RICHARDSON, of Ouachita, hoped that the
motion of the delegate from Neworlcans would
not prevail. 1t was only since the year 1S47
that the Office of Auditor Of Public Accounts
was known in Louisiana. Previously to that
e time, the duties now performed by the Auditor
were discharged by the Treasurer. Whether
4 that officer may remain by the voice of the peo-
Pile and the vote Of the Legislature, it is not
$ necessary to inquire. Sufficient is it to know
that large portion of the people always have
thought, and still think, the office an unneces-
sary one, and it may be made SO. The greatest
J, evil which has afflicted the State of Louisiana
S is that we have had too many ofices-that thu
officers have been too well paid; and that is on,
n great cause why many of the people of thi
State desired to call this Convention. They de-
s sired reform-reform in the construction OF th
oluSeS tuit uTdiueu 81 luuCu liOHey ITuu III
n State, The office of Auditor of Public Account
: can be carried on without the Office being mad
n Constitutional one. He thought that undel
the circumstances, the Constitution ought not t,
: be saddled with that office. Certainly such
e movement would be against the popular wish
He hoped that the motion would not prevail
: Mr.. HERRoN's additional article was rejected
o The resolutions by Mr.. Dufour were adopted
q JUSTICES OF THE PEACE.
Mr.. PARHAM offered the following article, t
,, come under the head of ssGeneral Provisions
:, | wit:
- The Legislature shall have power to confe
i jurisdiction on Justices of the Peace, for tn
trial without jury of all petty offences; pro
g vided that the accused shall not be imprisone
a for more than ten days, nor fined more than fift
:, dollars, at the discretion of the Justice of til
- Peace.
to Mr.. PARHAM would ground the justice of tn
w w resolution ON Articles 80 and 107 of the Const
Wv tuition. Taking these two Articles together, IL
is last Legislature thought that justices had N
the power to act without summoning iur
,d During the Legislature number of petition
~, came in to that effect from Police Juries in ii
70 State. These Police Jurors thought that a la
- in conformity with the above resolution ougl
to be passed. The sources of remonstran nc
were certainly entitled to respect. 1t was NO
Il the proper time to inquire and ascertain ho,
V far the provision would operate justly. He be
IiSNcA tiidt IL WOulu IllS oDjeCt III uueTlHI Tn
s resolution to have Constitutional provision o.
i the subject was that there might be no differ
:, ence or conflict Of opinion as to the powers 0
- - the Legislature over the subject in the future
= Mr.. IsAACKs--I call the attention of the dele
gate from Madison to the fact that this morning
n, r. offered a resolution giving authority to tn,
" Legislature to extend the Jurisdiction of Jus
- tces of the Peace in the trial of all minor crime
- - and offences. The resolution of the delegat
. from Madison must be produced as either al
. = amendment or substitute to his own; and he de
" sired to know which he proposed it to be- TIL
y resolution presented by himself (Nr Isaacks
- had, on motion of Mr.. Preaux, been postpone
: till the Convention should take up the report o
= the Judiciary Committee, which, by resolution
f. of the Convention, would be takenup on Tuesda,
. next. So he preferred that if his resolution dit
= not cover the whole ground, that now offered b,
y the delegate from Madison must be consdere'
:. and received as substitute resolution: but, j
e his resolution of the morning was deemed sufTi
cient, it would be we'll to defer the consideration
of the gentleman's resolution also, until the Ju
i dietary report came up 1t was the opinion o
'. . some that, in the event of the change ben
- made, it would be the Magistrates prerogativ
;, to summon juries, but much as he disiked tn
y present system, he preferred it to that sugges
- :, ton, for the reason that it would augment th
&c expensesof each parish in the State, if the Mags
trate were clothed with such authority, becaus
=, Magistrates would summon juries to try al
: causes where an affidavit had been made the
,s not having the means to ascertain whether ther
# was probable ground Of guilt or innocence befor
:. the case was put to the jury. On the othe
;, hand, the Grand Jury, under the present system
- interviewed, as were, between the Court and til
~ ~ accused, and established probable ground G
- guilt before the party was arraigned for trial
:, - and frivolous and malicious cases were thus ia
u u checked and prevented from becoming a tax an
" an annoyance to the District Courts. For the
y, reasons, prefer the present District Court sys
+ ! ten to that of Magistrate with power to sum
i mon juries. But the power of Magistrates. j
~ an important subject for the consideration {
= y this Convention, and at the proper time l hop
~ ~ it will receive the attention that it merits
- - On motion of Mr.. Benjamin, the subject wa
y postponed until Tuesday, the 10th, to be take
~ up with the report of the Judiciary Committee
It THE ELECTORAL FRANCHISE
e The Convention then took up for consideratio
d the majority and minority reports of the Con
% mittee on the Electoral Franchise
is Mr.. WADDElL. moved topostpone the corsider5
n ton of the reports, and moved to have the san
printed for the of this Convention, which m,
j. ton was lost
y Mr.. BYRNE moved to take up as a substitu
n to the first Article, reported by the maicrit
the Article reported by the minority of sa
j. committee, which reads as follows to-wit:
l. Article 10. Every free white male, who h
a attained the age of twenty one years, and wi