New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-02-28
VOLUME XIV.
WEDNESDAY MORNING, FEBRUARY IS, 1866.
TUESDAY, FEBRUARY 9TH, 1866.

| hles presiding.
On the roll being called, twenty-nine member
responded.
Prayer was offered by the Rey. Mr. Beckwith,
The journal of yesterdays proceedings was reat
and approved. # .
The following Senators were present during The
proceedings: Messrs. Abney, Anderson, Arm
stong, Brownlee, Brusl6, Burthe, Campbell, Cooley
Duvigneaud, Egan, Ellis, Fellowes Foute, Gibson
, Eordon, Hough, Kavanagh, Kenner, Lapeyre
Lott, Mohan, Munday, Nelson, Newton of Jack
son, Newton of Morehouse, Pafrey, Poche, Pur-
cell, scruggs, Taylor, Welch and Wilcoxon.
message was received from the House of Rep.
resentatves, through Mr.. Halsey, Assistant Clerk
1t asked the signature of the President to the joint
resolution granting leave Of absence to the State
| Treasurer, and it asked the concurrence of the
Senate in the following bills
bill for the relief of J. H. Rils Assistant Clerk
OF the House in 1861 bill to incorporate the
town Of Monroe, in the parish, of Ouachita bill
to authorize the election and commissioning by the
| Governor of an additional justice of the peace
and constable for the town of Monroe, in the par
lsh of Onachita; bill to lease the ferry across
the Atchafalaya at Simmsport to Mrs Boone; a
bill to incorporate the town of Vienna, in the par
sh of Jackson bill relative to police jury wards
in the parish of Avoyelles and bill for the relief
Of Ursn Jacob former sheriff and State tax col
lector for the parish Of st. John the Baptist.
| The order of the day was called for-the CON
sideration of the Governors veto of bill repeating
an act granting to certain persons the right to con-
struct canal from VermiIlion Bay to the Sabine
river. The message Of the Governor having been
| read,
| Mr.. Palfrey stated as on former occasions, the
objections to the original bill, which he read sec
ton by section, and commented on. He pointed
out that the line of the canal not indicated in
the bill and that therefore, the grantees would be
at liberty to locate it as far north they pleased
and so extend the lands which would be granted
| to them by hundreds of thousands or millions of
acres beyond what had been calculated on the
suppostlon that they might run it directly from
terminus to terminus, He contended that these
parties had no vested rights under the BILL because
they were required by it to commence work upon
the canal within four months after the termination
OF the war. The war closed in May last with the
surrender Of Kirby Smiths army; and they had
not commenced the work eight months after that
That the war did end at the time he had indicated
aobody on that floor could question. Even Sena-
tor 1rumbull, one Of the most radical of the rad
cal members of the United States Congress, and
Chairman of the Committee on the Judiciary
admitted that in the United States Senate
az the gentleman quoted to show. Beyond
all doubt, the original bill was unconstitutional
because by article l27 of the Constitution it is pro-
Vded that none of the lands granted by Congress
TO the state or Louisiana for aiding in construct
ing the necessary levees and drains, to reclaim the
swamp and oyerf1owcd lands in the State, shall be
diverted from the the purposes for which. they were
granted. The Senator then showed that such is
the character of Vermillion bay, that the canal
could be of no important benefit. 1t is exceed
lngly shallow and full of oyster reefs, so that no
vessels OF any size can navigate it at any time
while in winter it is so shallow that when north
wind blows, no vessels at all could reach the
mouth of the canal-a gull could wade it. He had
great respect for the veto power. 1t prevents
hasty and imprudent, or improper legislation. If
the original bill had been vetoed, the act would
have been applauded from one end of the State to
the other. But the clause of the bill repeating that
one was at least unwise aud injudcious. He was
not obJecting to the veto on any factious or cap
tous grounds. Hsrelations with the Executive were
most agreeable, and he hoped they would continue
so. Governor Wells has done the State some SER
vice AZ time3When il was much needed, he had
iaro#n oil . e1 TIC Eaters tI,s sen,
aaorl had never ydtea for any enc with greater
pleasure than he had for Governor Wells at the
last election. He had no doubt the Governor was
actuated by the best motives, as he himself was
but viewing the matter as he did, he felt it to be
paramount duty to endeavor to have the veto
set aside He therefore moved that the bill be
passed. notwithstanding the veto of the Governor,
Mr.. Duvigneaud said he did not intend to make
d Speech or to make any serious opposition to the
moton, but he must be allowed to make few re-
MARKS upon the subject of the alleged unconstitu-
uonallty OF the bill. The Senator then proceeded
to argue that it was not the duty of the legislature
to undertake to divest anybody of vested rights.
lhas was Tor the courts to do. There alone could
the facts and the law be properly examined and
aeclaed upon 1t could not be properly done by
the legislature, nor is it within the province of the
legislature.
Mr.. Scruggs regarded the original act as uncon.
shtuuonal 1t was true, the legislature had urfor.
tunately come in conflict with the executive on
previous occasions; but with no desire to do so
either then or now. He, for one and he was salts
fed it was the same with every other Senator,
would never vote to carry a. measure against the
veto of the executive, unless for the most cogentt
of reasons. He had long enjoyed the personal
liieAuonlP Va NofeIuoF W els ulQ so now and |
he hoped long to continue to do so. But that
could not prevent him from performing his public
duties; and on this occasion he believed it to be
solemn and an imperative duty to sustain this mo-
ton against the veto of the Governor. The Sena-
tor then proceeded to urge the unconstitutionaty
and the shameful character of the original bill, as
already enforced by other Senator'S
On motion of Mr. Mohan, the roll was then
Called and it was found there were 27 Senators
present.
Mr.. Mohan said he had found no good resulting
rom passing bills against the Governors veto, al
housh they had done so two or three times, and
eemed only to be laughed to scorn for it, He
vas, consequently, in such frame of mind that
lie did not know how to act. If he were to vote
galnst the veto, he did not know what would be-
ONE OF the law Under these circumstances he
'ouid ask the Senate to. excuse him from voting,
Mr.. Brusle moved that the Senator be excused
ON voting.
Mr.. kenner and Mr.. Gibson objected.
Mr.. Mohan said if he were compelled to vote. he
lould vote as he had before-against the veto.
The question was then put on Mr.. Palfrey's mo-
on to pass the bill the veto, and resulted in
e following vote: h
feas-Messrs. Brusle, Cooley, Egan, Ellis, Eel n
ives, Foute, Gibson, Kenner, Lapeyre. Lott :.
No1c Dali