New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-03-30

1
exercise and that the people of New Orleans might
be aroused to proper sense of indignation at the
outrages they have long tolerated and induced to
become parsans of ORDER the expense Of the measure
should be borne by the taxpayers of that city. A
few short months would produce reaction so favora.
bic to peace that the law might be repealed and the
expense terminated
Such were the views which led to the adoption of
the election bill, and which prove with the pro.
visions Of the bill tselthe character of the force to
be created by the bill 1t is military billa bill "to
take charge of elections"-' no halfway measure y
a bill to control and punish the people of New Or
leans-a bill to tax them and to make them feel the
rod until they kiss obeience-a bill to commit their
liberties and rights the days of election to the sus
PIGEONS, the fears. the tyrannical will of military
partisan, under the control of Board of party des-
pots, called Central Board of Commissioners It is
an unconstitutional bill creating an army to act to the
exclusion of the constitutional aoce power of the city,
and it should be added to the exclusion also of the
constitutional police power of the State itself within
the limits of the city for under the exclusive powers
vested in the Superintendent, power is well denied
to the Sheriff. constitutional onicer-as to the
Mayor of the city, for the conservation of the public
peace.
1t creates military partisan army to overawe the
people ofNew Orleans, and to influence the elections
held in the city, in contradstincton to police force
for the preservation of the public peace and the main
tenance Of the rights OF electors The false represen
taton in the act that the object of the powers vested
in the Superintendent is to take care that the privi
lege of free suffrage may be supported etc. can de-
ceive no one.
The Act provides for two classes of forces-one
strictly military the other under military direction
but constabuary in its functions. The military force
is composed of the Superintendent and four Chief
Deputies-salared offcers-and of the privates or
deputies-a paid body of men. The Superinten-
dent is authorized and empowered to employ any
number of persons the Governor may think necessary
as his deputies for such time previous to any election
as the Governor may direct and the said deputies
shall be organised by said Superintendent in such
manner as he may think proper and adequate for the
occasions and the said deputies on the day of cleo
ton and during their term of service shall be subject
to the order and direction of said Superintendent,
and obey all lawful commands issued by him.
The army may or may not be secretly armed as the
Superintendent may think proper. Their organza-
ton before the election-their arms, their training
their equipment their military disposition for action
all this is left to the Superntendent-th generaliss
mo of the legion of mercenaries. The number of the
army is to depend on the will of the Governor. The
time of their service is uncertain 1t may be for such
time previous to the election as the Governor may
direct The whole city is to be military district sub
ject to the command of the Superintendent His com
mission is in the largest terms of tyranny. He with
his subordinates is to have exclusive authority to
preserve tranquility and order during elections to
prevent and suppress riots tumult violence, disorder
and any other practice tending to the intimidation of
voters or the disturbance of electonsn He is to be
the judge in all these cases. and to act of his own
will and power without affidavit Or warrant of arrest
in regard to them; to send any citizen whom he may
deem disoya and refractory, under his view of dis
turbance of the election, to Jail, and to let him out
afterwards, too, during the day, if he will become
conformist. See Section 90 1t is true that in the
description of the duties of the Superintendent in the
10th Section, he is authorized =" to take charge and
superntend under the control of the Central Board of
Commissioners, and to the exclusion of all others''
But it seems to be universally conceded, that the
Board is not to interfere with the military operations
for any purpose of restraint check. The members
of the Board to be ocemen and to lie safe with
in the entertainment of the Council Chamber.
The constabulary force is to consist of citizens to
| be impressed by the Superintendent
Sec. %. Be it farther enacted &C., That the said
Superintendent of Elections shall have the power to
appoint any number OF extraordinary deputies from
amongst the citizens of the parish of Orleans to pro-
tect the approaches to the polls keep order thereat
and secure free access to and egress from said polls
and any citizen between the age of twenty0ne and
nifty years refusing to perform such duty whenever
thereunto summoned, shall be subject to a fine of not
less than one hundred, more than five hundred
dollars, recoverable before any court OF competent
jurisdiction, in the name and for the benefit of the
State OF Louisiana and in default of payment thereof
said citizen shall stand committed in the parish Jail
Tor term not exceeding sixty days.
citizen called upon by the Superintendent to act
as one of these special constabes and refusing to
obey the call, is to be subjected to fine of not less
than one hundred dollars more than five hundred
If he is poor and unable to pay the fine he is to be
sent to Jail for term not exceeding sixty days. If
he is rich, he may pay the fine and remain free from
Imprisonment. Any ctzen-a minister of the gospel
under this provision Of the law, may be summoned
to act as one of these special constables or extra
ordinary deputies, as theyare called These extra
ordinary deputies not of the army and are not to
receive any pay for their services See section o.
From this examination Of the BILL it is manifest
that the provisions for the creation of the Superin
tendent and the Army of Deputies are intended for
military display and action to influence the elections
IN New Orleans and to set aside the police govern
ment of the CITY, 1t is therefore submitted that these
provisions are unconstitutional. Article 93d of the
Constitution ordains, that the privilege of free suf-
age shall be supported by laws regulating elections
and PROHIBITING under adequate penalties, ALL IN
DUE INFLUENCE THEREON FROM POWER, bribery, tu-
multi Or other improper practice" The law in question
not only does not prohibit but it directly and posi-
lively authorizes and sanctions by penalties undue in
huence upon the elections of the city. Considered in
this light, the military provisions in the election bill
are clearly unconstitutional as bringing an undue in
auence from power to bear on the freedom of cleo.
tons.
The partisan character of the bill is distinctly ex-
hlblted in the Constitution of the Central Board of
Commissioners. The Board is to consist of five mem
bers, four anti-city men, and the fifth Gas has been
observed in one Of the papers of the city, by way
mockery to the people of New Orleans their Mayor.
1t was not even intended that the Mayor thus named
as member should in that capacity for there
is no penalty for his refusing to do So and it was well
understood that he would not voluntarily so stigma
tie and degrade himself The Board then is partisan
board the Attorney General las has been seem the
father of the coerciye plan the Register of Votes
and two salaried Commissioners, to be appointed by