New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-04-02

erintendent to employ the nuzaber the Governor may
hnk necessary, for such time previous to any, cleo
ion as the Governor may direct, and the said depu
les shall be organized by said Superintendent in such
manner as be may think proper and adequate for 81
he OCCASION" One week woald be the shortest time
bat any at all acquainted with the business of
organizing and disciplinng men for any important
operations of force, would assign for very i'm
perfect organization Of the army Of deputies By the
18th section of the BILL each deputy" or soldier
shall be entitled to receive DURING THE TINE HE Is
IN ACTUAL SERVICE (the language of all our military
acts undes the command and direction of the Super
ntendent ten dollars for each day Of actual service
superintendent chief derates 70S
'.a.. s--'' sn7,oo
The bill says nothing Of the subsistence Of the
troops. The price Of subsistence for men actual
service cannot be less than that allowed for the keep
ing of ouy State prisoners, 20 cents per day.
Subsistence of 5000 for days 20 per 20
The army is to be organized in such manner as the
Superintendent may think proper and adequate for
the OCCASION" The soldiers must be armed and
equipped for actual service" Each soldier will be
furnished with revolver or musket, ETC., etc. The
Act makes no provision for this necessary expense
which may be fairly set down at $40 per man; for
5000 men 100000.
Nor does the Act say anything Of barracks tents
not without importance in looking to the safety of
the men not duty and their availability readiness
for action upon sudden call.
Such is to be the probable cost of the army. We
are to enquire how this expense is to be met. and
who are ultimately to pay it?
In the first place, the State is to pay the expense
out of the money in the Treasury raised by its sover
egn power of taxation but it is afterwards to cause
| ,r 1oLo hoa into hvt
accursed or doomed city of New Orleans.
SEC. 80. Be it further enacted, &C., That one
half of the expense incurred for the purpose OF carry
ing into effect the provisions of this Act except those
otherwise provided for, shall be charged to and be
paid by the city of New Orleans, and the Treasurer
Of the State is hereby authorized and required the
1st day Of January Of each and every year. to demand
of the city of New Orleans the payment Of one half of
whatever appropriation may be expended for the
salaries of the deputies and officers aforesaid. :
The Act then stands as an act condemning the city
of New Orleans to pay half the amount of an appro-
priaon made by the State to carry into effect one of
her Acts. Is this act Constitutional?
Article l23 of the Constitution of the State Of
Louisiana ordains: Taxation shall be equal and
uniform throughout the State.'
If the expense of the Act were to be paid wholly
and exclusively ont of the money in the State Trea
sury put there by constitutional taxation then the eff
feet would be alike equal and uniform towards the
citizens of New Orleans and the citizens of the other
portions OF the State The portion of the tax borne
by New Orleans in such q case would be upwards of
onethird of the amount drawn from the treasury But
the provision of the Act requiring the Treasurer of
the State to demand of the city of New Orleans the
payment of one-ha!f of whatever appropriation may
be expended for the salaries of the deputies and Off
GERS aforesaid is eXaction from the city to that
amount of larger portion than is imposed on her as
taxpayer by the equal principles of the Costiuton
The Act in question, then, makes one rule for the
citizens of New Orleans and another and different
rule for the citizens of the other portions of the State.
1t imposes on New Orleans an extraordinary burden
"a heavier burden than is imposed on any other por-
ton Of the State. The Act in this view, is unconsti
tutona and unjust and to the last degree oppressive
The exacton Of undue sum from the city, strictly
speaking is not tax but a penalty-the vain SEN
ence of an ignorant and factous body of usurpers
not the living and effective legislation of patriotic
9 and enlightened American State Legislature. The
citizens of New Orleans cheerfuy bear their ustpor
tion of the expenses for the support of the State
government but they will not submit to an unconst
tutona tax laid upon them to despol them of theil
propertyto take away their city government and tc
t rob them of their liberties.
s The injustice done to New Orleans is extended tt
the citizens on the right bank of the river Missssip
p who have been included with the citizens of New
Orleans in the same act of tyranny and oppression.
A close examination and scrutiny of the Election
= Act has brought to the conclusion that the Gov
ernor of the State cannot, now constitutionaly ap
. point the Superintendent of Elections contemplated
- by the Act:
Z Sec l6. Be it further enacted, &c. That the Gov
ernor shall BY and cih the adrice and consent OF IN
Senate. appoint discreet citizen, who has reside
n in the State at least four years, whose duty it sha
be to superntend all elections held in the city of Nel
u Orleans and who shall be styled the Superntend
e, of Elections" who shall hold his office for til
a, term Of two years, unless sooner removed.
to The Election Bill was signed by the Governor an
became an Act on the 18th March last-the las
night of the session. The Governor did not max
~ any nomination of a Superintendent of Election
IL while the Senate in session. 1t is seen that tn
ie Act declares that the Governor shall, by and wit
Is the advice and consent of the Senate" appoint
nc Superintendent of Elections and that it does N
&c authorize him to appoint in any other way. II
o' 4Sth Article of the Constitution of the State is fl
w lows:
se 1.-THE Governor shall have power to fill vacanci
that may happen during the recess of the Senate,
granting commissions, which shall expire at the el
of Of the next session. unless otherwise provided for
,r this Constitution
10 This clause in our State Constitution correspond
for the purposes of correct constitutional intarp
~ aton of the power to appoint, substantially with
no following clause in the Constitution of the Unit
- States:
"The President shall have power to ill up all '
caneies that may happen during the recess OF t
. Senate, by granting commissions, which shall exp
vi at the end OF their next session.
ne The meaning OF this clause has been settled by t
us Judgment the Senate and the practice OF the exec
MS. tive under it. Judge Story, in the third volume
s' his Commentaries on the Constitution, says On Ap
my the GOTH 1872 the Senate seem distinctly to have III
LII that the President could not create the office OF NJ
lister and make appointments to such an ohee aufi
md the recess without the consent of the Senate.
,c "vAcANcIES they understood to be meant Vaeanc
49,, occurring from death, resignation promotions or
tba moval The word happen" had relation to SO
hc casualty not provided for by law. If The Senate
in session ,chen officers are created by ato, trh
,oir hare not as yet been filled, and nominations are
then made to them by the President, he caanot aPpt
10 s,tch Offices during the recess Of the Senate
ter many instances, where officers are created by
special power is on this very account given to
President to fill them during the recess; and it