New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-11-02
THE DELTA ON THE CO.NSTYTU
TON AGAIN

Not content with its Mondays display from
the woolsack, the Evening Delta again puts on,
yesterday, its ermine and its wig, and pro-
nounces an iteration of its late pretorian edict
against q Registry Law and the Constitution,
| as follows:
The Crescent is full of editorial 1t continues its able
and luminous article Epistoary Politics. and
rays the Delta rs the Constitution relative to the Regis
try Law. few words will suffice to neighbours
argument The constitutional phrase directing the egis-
lature pass Registry Lawke similar phrases in the
Federal Constitution such the clause directing
gress to pass uniform laws on the subject of
lis merely directory and necessarily leaves the exped
ency and of executing such provision to the
erection Of the Legislature.
We begin to doubt whether the Delta had ever,
before writing against Registry law, looked at
the clause of the Constitution which requires it.
For nothing can be clearer tn IN that it has neg
lected to refer to the very clause in the Federal
Constitution, to which it now appeals with such
confidence, as an example in its favor That
| clause is as follows:
The Congress shall have power to establish an uniform
rule of naturalization and uniform laws the subject
| bankruptcies throughout the United States.
Now who, on comparing these words with the
Deltas article, will not see, at once, beyond a
possibility of doubt, that it could never have ap-
pealed to this instance, if it had first read what
it attempts to cite For not only is it some
thing quite different from what the Delta sup
poses, but it really oAers strong case in point
against the Delta itself As thus
Suppose, instead of saying "The Congress
shall have power to establish" ETC., the Federal
Constitution had said, " The Congress shall es-
tablish" etc. Who does not see that as, in the
first case, discretionary power has been grant
ed so, in the second case, there would have been
imposed duty beyond any discretion
Now, the terms of our own Constitution are
precisely like these last: "The Legislature
shall provide by law that the names and resi-.
dence Of all qualified electors of the city of New
Orleans shall be registered, in order to entitls
them to vote'
But further as to the right which the Delta
argues for the Legislature, of rostponing al
their pleasure, this constitutional requisition
Does not the Delta perceive that no such libert,
can be admitted For that if you give il to thu
years Legislature, you cannot withhold lik,
licence from nert years, nor from all succeed
ing Legislatures 80 that, in effect, the duty lait
upon each and all Legislatures, SO long as THU
provision of theConstitution remains unexecut
ed, might be legally postponed forever
On the other hand, what is plainly the tru,
doctrine in this matter? We answer, without
hesitation, thus:
The constitutional obligation to pass Regis
; try law such as was meant by the 18th sector
rested, by oath, upon every member of the las
Legislature, as soon as he had sworn in. Il
continued to rest upon him, until the close o.
the session. If such law was proposed and h,
endeavored to get it passed, he stands absolved
If he voted against such law, he perjured him
self And all this will recur, as to every mem
Der of each Legislature, just SO long as their in
| dispensable duty shall remain unperformed
But, besides the guilt Of breaking their oaths
and the Constitution, such men as did it in any
party view are answerable for all the frauds
which, for want of such law, are about to be
perpetrated in this city, at the coming election.