New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-01-12
FUTILITY OF Laws AGAINST POPULAR
( r. SENTIMENT.

from the teachings of experience but the number is
lamentably small when compared with those who do
not. OF this latter class we think Louisiana has
more than her full SHARE and the sooner she insists
upon an equitable division the better. ssgs g.
The Legislature of this State has, itAm time to
time enacted many wise and wholesome statutes, but
most of that which is wise and wholesome has been
smothered under mountains of foolish, nonsensical,
mpracticable and contradictory laws until it keeps
our most experienced lawyers at hard study all the
time to ascertain what the law reayis Our statutes
have been digested time after time: thousands and
tens of thousands Of dollars have been paid the
dgesteis but the otener the digestion process has
been gone through WITH the more crude and ndiges-
tibe, the more shapeless and deformed the product
Each last digest has been worse than the former and
now it only remains to have one more similar to its
predecessors to utterly confound the men OF law,
drive our District Judges to distraction, and make the
supreme judicial Interpreters of the commonwealth
fit subjects for lunatc asylum, if they have not
steeled their minds against any legal nionstrosity in
the shape Of Revised Statutes the Legislature of
the State in the profundty of its wisdom, may pro-
vide for their entertainment.
Although this is point upon which we might
date to almost any length still we did not commence
this article with that view, and what we have said
must suffice for the present On some future occasion
we may take the subject up and treat it at length
commensurate with its importance to the taxpayers
and its relation to the community at large But the
idea Of this ARTICLES to illustrate the wording of its
caption The Futilty of Laws against Popular Sen
tinlent .....
Such laws are never enforced. They never Will be
enforced. They never can be enforced and, II the
theory of our government is correct, laws that con-
trayene the evident wishes Of the majority should
not be allowed to cunlber the official records OF any
State They not only useless, but they are worse
than useless they stimulate spirit OF nsubordl-
nation to all law which is calculated to lead to serl-
GUS dangers to good order and to well regulated
society. The weak the reckless, the deprayed, see
their betters continually violating the express letter Of
the law without notice or punishment following such
violation and they very naturally argue that of right
the same immunity should be, extended to them.
Neither are their premises or their corularies wholly
unfounded. The arm of the law to be respected and
obeyed, must fall with unvarying impartality upon
all alike. The least deviation from this rule brings
the majesty of the law into disrepute especially with
those who have most to fear from its operation.
we hold to the opinion that all laws of whatsoever
nature or kind that cannot he enforced according to
their spirit and letter. should be forthwith expunged
the extreme measure of calling convention to re-
model the Constitution to enable us to accomplish
that necessary object. Let US have fewer laws and
laws that meet with the concurrence OF tie masses OF
the people, instead of encountelng their opposition,
and then they will be obeyed and respected as they
deserve to be respected and obeyed and the feeling
of characterization to- and contempt of all law which
is obtaining to fearful extent throughout the United
srriU 6a lapis he md q
peace, quiet and obedience will speedily resume its
accustomed sway.
We have an instance in point Article No ll3 Of
the Constitution of Louisiana reads as follows
l3. No lottery shall be authorized by this State, and
the buying and selling of lottery tickets within tie State is pro
Now, here is the absolute mandate of the organic
law of the commonwealth prohibiting the Legislature
from authorizing lotteries, and prohibiting the pur
chase or sale of lottery tickets. So strongly opposed
to lotteries and the buying and selling of lottery
tickets were the trainers of the present Constitution
that they took the matter entirely out of the hands Of
the representatives of the peopereused TO trust tbs
people their representatives with future Legislation
on the subject-and Incorporated the above peremp
| tory article in the highest authority known to TIT
State. No doubt the motives that actuated the mem
bers of the Constitutional Convention were of tx
purest character, but-what has been the result!
We have only to deal with results for we hearth,
despise resdltess speculatiens and theories. bat
| law is known by its bad results, and n good law il
1 known by its good results. Now, how has this con
stitutonal law quoted above, resulted-heneGciall,
or detrimentally That is the only question to b.
considered. We contend that it has operated injuri
ousy throughout; that it has led to severe annua
drains of our currency to benefit foreigners which
might have been saved at home and that it has
without producing one solitary good effect, superin
duced nnumerable evil ones, choicest among which il
contempt for the wholesome restraints of statutory
| laws growing out of the continued violation of tl
organic law by almost the entire community! The
law is violated every day-we might say, each houl
of each day, without laying ourselves liable to the
charge of extravagance-and we verify believe ma
orty of voters are participants in the violation.
Let US investigate this subject still further, tina
| the public may obtain proper appreciation of tn
/ workings Of the system we reprobate The Bee
few days ago. referred to it in an interesting artcl
I'from which we draw some valuable information.
j appears there are twenty drawings of the Royal HG
vana Lottery each year. Well informed persons est
mate that from 500 to 1000 tickets are vended j
this city each drawing, sold for twenty dollars eacl
Taking the lowest estimate 500 tckets-and til
sum would reach $50 600. Multiply this sum by tn
4 twenty annual drawings, at twenty dollars per tickle
and We have the enormous amount Of $4,000 e.
pended by Louisiana every year in the Havana Lo
terry Assuming it for granted, which is perfect
reasonable, that the Alabama, Georgia and Marylap
Lotteries combined, only sell as many tickets il tl
State as the Havana Lottery, and we have the in
mense sum of Sl,440,000 as the contribution OF OF
people towards the support of foreign and State 10
terry schemes, IN which we possess no particle
interest.
!, If this large sum could be taxed to subserve an
useful purpose if it could he made to contribute t.
wards tightening the burdens upon property Or
any portion of it went into the State city treasure
or helped any charitable institution the matter woul
not so bad an aspect. But, as the question no
. stands, our peope-men, women and childrep-lear
how to continually infringe the highest known Ia
of the State aceustom themselves to become habita
Iawbreakers while contracting pernicious and expe
sive habits and all fer the benefit Of those who
little or nothing for us. except our money! We thin
we have shown concusvely that the effect of the la
is alike demoazing and impoverishing, and that Il
public interests and the public morals demand i
early abrogaton.
y The conclusion of the Bees article is 50 apposi
that we quote it entire
Lotteries drawn in Louisiana but lottery tickets