New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1855-12-22
OFFICIAL JOURNAL.
THE COMMON COUNCIL.
BOARD or ALDERMEN.

BOARD on ALDEhhiEA.
TUESDAY, December IS, 1866.
The Board met this day pursuant to adjourn
zaant. Z,
Deuegre. Culbertson, Dupre, Gilmore, Con
verse. Pride, Price and Tompkins 10.
Mr.. culbertson was called to the chair.
The reading Of the minutes was, on motion
dispensed with.
The following message was read:
MAYORALTY OF NEW ORLEANS, /
CRY HAIL, Dec. Il, 1855 J
OF the Board of Aldermen:
GeHfiegfe,,-l have received for approval an ordi.
uaase originating III your body having Tor object the
iasming or leasing of the City Work House for the
space Of three years.
CANNOT approve the ordinance for various reasons,
Whatever difference Of opinion may exis, TO The
right OF the Council lease out certain branches OF
sSe city revenue calm reflection arprehend there
can be no two opinions as 10 the right of leasing
out an inssitatiou, which, from its nature, was never
Sateuded as source OF revenue, being solely OF a
nffmiljve character, and intended, by example and
Sunishen1 10 restrain the vicious and indolent and
Teier others from becoming objects Of punishment
Such Institutions, creyed for wholesome purposes
Sould have been Expected 10 De made sources Of
pro6t and revenue tokhe public.
4 The fourth satticE OF The ordinance. which SHAY
quote, reads as folSows
The labor of the prisoners shall be for the benefit
of the lessee and the said prisoners may be employed
in any mechanical other labor, The option of the
lessee provided il shall not be of nature injurious 10
tina health of the prisoners, dangerous to their secu
xityr
BY this article, the prisoner who has committed no
other offence than being vagrant, drankaTd dam
gsrous or suspicious character, in many cases made
appear by interested yndiclive feelings on the
pari Of his accuser, is made bondsman of his ser
vices adjudged 10 stranger TO The body polIuc, an
irresponsible party, without even having undergone
the necessary legal ormaiies for depfiving aim OF
Ais social stains.
Industry If
a freeman, can certainly not be sustained by law or
precedent In This country at oil events.
Supposng, however, that it be legal, what might be
the Consequences which could fairly be considered 10
dow thereffon it unfortunately it should happen that
the lessee should be devoid of some of the natural
feelings OF humanity and should enter upon his BUSH
ness with his mind enRrossed by the mpla-
gon of dollars and censs Night he not under that arii-
Gle and the Of his lease. ener into open eompe
wits II he Work House Il strikes me- ihere being
Nd stipulatons 10 the contrary he nigh, easily do so
without being legally OF technically considered as vio-
Satiag his contract
Agan whois to supervise The lessee in the faithful
and just performance Of his contract The nth arii-
Gle certainly provides that the Committee of the Com
mon Council Work House and Prisons shall at all
times have free TO the rk-House and shall
have the power enforce all the existing regulations
But even with This check, the only one which find
la the ordinances is that sufficient, Nc doubt The
tee Of the present Council interested for their own
sake in closely following up this supervision, and
kig just PRIDE in doing, may soc6nduct matters
rs cause them ioproceed properly and smoothly for
the present, hut who can answer for those who may
come after YOU? Will they take upon themselves the
game trouble and annoyance We all have had more
or less experience in such matters and il is
lsto 10 predict that they will not. Moreover, it may
become Important and absolutely necessary, during the
Of three years, 10 alter, amend abolish
many Of the regulations now existing. No reservation
on this point has been made
By article 7ih, athe present officers and employees
continued in Office until their terms expire, or they
Sc discharged oy cause the subsequent ones to be an
adj nbeIff
IL clearly gal The direction, control and manag
sf the and comms stoned officers the city
be placed In the hands of person entirely uncohed
with any public authority. Besides, the amendments
Co the lily Charter passed in 1855 provide how such
Aypoin,mentsare 10 be made.
Some of the foregoing objections, perhaps, may ba
considered technical but the real and substantial
objection TO this proceeding, which my mind is in
&uperabe, and must prevail, is that Of uconstutie.
ssiity
The power TO establish and regulates warehouses;
and prisons, which is a sovereign power has been
delegated by the Legislature 10 the ely authorities
part and parcel Of THE sSvernmen-thIs power 10 be
used and enforced according law, by the party 10
which, for wise, Just and humane purposes OF public
oIcy and morality II has been enoined upon and This
power sovereign attribute, earnestly contend can.
not aad must not be delegated to athifd party.
In support Of this position, take the liberty ofquot
Eng the following paragraph from avery able veto
uessage Of the present Governor Of Louisiana 10 the
last Legislature against the project Of farming ont The
State Peniientiary which veto was acquesced in,
and The Peniienary placed in the hands and under The
control ptfhe Siate, where il should ever remain
Governor HebeTl observes:
ait is too ateo reopen, either by word or deed the
discussion of the great moral and social maxims
which have, during the century in which we live been
slowly but percepliby moulding into new forms and
directing TO nober and benevolent aims The crm-
1nsl legislation Of the civilized states OF the world
Derived from the pgrest and august sources they
aye received the communication of The
enthusiastic practical support of the phauthropis and
the sanction of The legislator, They have come down
10 our generation impressed with the seal of human
4and divine authority, as The common law of mankind
ttsnnn
own interests and in The name OF common humanity
the duty of furnishing the offender with Justice and
discrimination, and The task of reforming and reclam-
aug him him .,,uh,.a., a...,..a. - ,,.,.,,.
seieneHs performances of that iask-nyolve the con-
sideraon of delicate and difficult questions of penal e
and prison discipline, The solution and proper
zreatneatof which belong xclusyels the sovereign,
4,nd cannot, with safety 10 the prisoner and with
1T fore, This doctrine Is correct and thai The State
vaxs not the right delegate this power private in
lrlduas, the right Of the City Council, which is but
creature Of the law 10 do the sumo thing, must
1xiniy be denied.
Respectfully submitted.
JOHN L.LEWIs, Mayor.
A motion to persist in the adoption of the
~sordinance to provide for the sale Of the lease
of the City Work house" Notwithstanding the
veto of the Mayor, was carried by the following
vote
Peas Messrs. Bailey, Culbertson, Denegre,
Dupre. Gilmore, Converse, Price, Pride and
Tompkins---9.
Oh motion, the Assistant Board Of Aldermen
YES informed by message of the action OF the
Board of Aldermen on the foregoing ordinance
The following messages we're read:
BOARD OF ASSISTANT ALDERMEN,
New Orleans, Dec l2th, 1855.
10 the President and Members Of the Y
Board Of Aldermen,
Gentlemen have the honor to inform You thai the
following resolutions adopted by your honorable body
were concnrred III by this Board:
v a resolution TO pay Jas. H Wing6eld s245, balance
due four horses purchased for the use of the steam
6rc engine Young America.
A resolution appointing joint committee in cons
5anction with the Surveyor 10 confer with Mr. Com
xuny, the Engineer OF the n. o Canal and Nayiga-
Company In Iegardo The removal and
ton ofihe bridges across Canal Carondeet
The amendment of your honorable body to the fol-
lowing resolution was concnrred in;
resolution authorizing the Street Commits sioner 10
A&se constructed flag ing the junction OF Old
and New Magazine streets 10 Felicity Road.
,55ass Very respectfully,
JAMES A. HOPKINS, Secretary.
BOARD OF ASSISTANT ALDERMEN
New Orleans, Dee IL, 1855.
10 the President and Members OF the
Board of Aldermen:
6eatfssntn--l have The honor to inform you that
the following resolution adopted by your honorable
ssody, was concurred IN BY this Board:
A resolution approving of the adjudication made bv
ahe Comptroller 10 the Firemens Charitable Assoeia
sion, and accepting their securities.
Your concurrence is respectfully solicited in the fol-
Sowing resolution
! A. resolution appointing joint committee TO make