New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-02-21

would secure city election, as desired by the As
sembly, and restore harmony between the legis-
lative and executive branches Of the government.
like measure was being prepared to obviate the
difficulty in regard to parochal elections.
Mr.. Solomon was gratified to see this concession
to the minority who sustained the Governor in his
veto hut regretted the confession of error had
been made at the proper time and in the proper
manner, by adopting such measure az this instead
of persistng in BILL over the Governors object
ions, which bill gentlemen now facility confessed
was unconstitutional q &C. Lf1 'i5 rs
Mr.. Jonas would offer no serious objections to
the bill under consideration, but protested against
its passage being regarded as an acknowledgment
of error on the part of the House. He, for one, 4
would not admit that the Governor was the law
making power Of the State to set aaide or dictate
laws at his pleasure. He regretted, therefore, the
intimation conveyed to the House that this bill had
been submitted to executive examination before
its introduction. While he was indisposed 70 do
aught that might continue the existing difficulties
his course should not be influenced by executive
dictation. This bill had been confessedy brought
in to conciliate executive favor and he should ask
a mature consideration of the measure upon its
merits independent Of anticipatory gubernatorial
approval. The House should not rush into the
passage of measures to procure the enforcement
OF, laws, concerning which the Governor was dis
regarding his constitutional obligations in failing to
put into operation. This bill had not been before
any committee. The Committee on Amendments
to the City Charter had not deemed it necessary to
report such measure, and the Judiciary Commit
tee had pronounced the bill vetoed by the Cover
nor free from constitutional objection. This bill
was, therefore, an oblation to the Governor to
enable him to escape his constitutional duty in re-
gard to the law already passed. Mr.. Jonas pro-
posed that the bill be referred to the Committee
on Amendments to the Charter. ... ,s
Mr.. Solomon repeated that to pass this bill was
an acknowledgment of error, as he had previously
indicated. He would support the motion to
commit. ~. -"- "' s~5r .a i.@& ..,,-r
Mr.. Bailey could not vote for the bill until he
knew more about it. 1t had been hastily got up,
to obvate notion of the Governor that an order
for election was en- amendment to the city
charter. The only object of that order was to
place the people of New Orleans in possession Of
their own government under the charter in
accordance with the policy of President Johnson,
and not to change the charter in single feature.
The bill should be committed; and whatever its
fate might be, the action of the House could not
be justly regarded either as maintenance or con-
fession of error. r.nr 81 % a..';.e -"t,E.
! Mr. Fenner thought the most polite course
would be to pass the bill Immediately. There was
nothing difficult to understand in it.
| Mr.. Mcconnell fully coneurred with Mr. Jonas
as to their duty of maintaining the dignity and
constitutional prerogatives- of the law-lnaking
branch Of the Government. e The constitutional
| objection which had been SO obscurely mentioned
by the Governor, and was first clearly made known
| by members Of the Assembly, was not worthy of
serious attention. The whole Judiciary Commit
| tee, and every other lawyer in the House, had
pronounced the objection puerile. If any good
could come out of this Senate bill, it should be
| passed; but if its passage was to be regarded as
a confession Of error, he (NIr. McC.) should not
support it, however DESTROYS he might be and was
to procure harmony. .ilEl; r.r..
| Mr.. Stille was not lawyer, bnt considered him
self well qualified to judge of the applicability
of plain provision of the Constitution as any
lawyer in the House. The minority who sustained
the Governors veto should not be sneered at set
of fools and jackasses, because they had exercised
their common sense.
| Mr.. Mcconnell, calling the gentleman to order,
denied that anything he had said justified the
coarse comparison attributed to him by the gen
| tleman.
|
| Mr.. Solomon was correct, if the passage of this
bill Was to be confession of error-a sop to Cerbe
rus-he should not vote for it. Granted gentlemen
of the minority had sense enough to understand
the Constitution, yet they did not constitute the
| whole wisdom of the House; nor did they possess
all the constitutional lore in it. Whether the
Governor was originally right or wrong in his con-
stitutonal objection, his constitutional obligation
| no
bly, had, in the exercise of a constitutional func-
ton, passed over his Veto The Constitution did
not authorize the Executive to suppress laws, but
on the contrary enjoined upon him the execution
of the laws. Nor was it his province to decide
judicial questions. There another branch OF
the government to perform that function. If the
city charter needed amendment let it be amended
but let it not be amended to propitiate the Execu
tive to discharge of his constitutional duties.
Mr.. Walker regretted this discussion had taker
f so unfortunate turn. All private and persona
feeling should be discarded. As one of those who
had voted to sustain the veto, he had no DISPOSE
ton to raise his finger in disapproval Of those who
differed from him. Whilst the Governor though
he was right doubtless those who disagreed viii
him were equally conscientious, Pride of opinion
should be yielded, however, for good of country
f If compromise could be Effected let it be. on
whole system Of government was made up of com
g promises. IS oS ,EN55E&
n Mr.. Mcconnell agreed with Mr.. Walker as to til
0 propriety of concession and compromise, not in
f volving sacrifice of principle. Mr.. McC. depre
j Gated the constructonput upon his remarks by MI
ste as being personally offensive. He should al
e ways do his best in argument, but never descent
= to personalities, and particularly in reference t
o so small minority as was represented by the gen
teman from Sabine. z,.,e 4t= F
. Mr.. Waggaman likewise regretted the turn tn
: discussion had taken. He had voted to sustain tn
|. veto with pain and regret, in finding himself op
e posed to so many gentlemen whose judgment an
recttude he esteemed; but painful as it was, unde
j. the same circumstances he should do itagain fo
it awas wasvworse than impotic for this Hons
which did not yet represent al soyereig
State, to throw defiance at the Administration.
> was bringing humiliation upon their heads. De
iance should not be given unless there was powe
to maintain it. When we could not demand W
. had to ask, and when we had to ask we could nc
be arrogant. ,..s.. .5,~-.s
. Mr.. Fagot as voter against the veto, lnair
tanned that he was right, and as he was agains
yielding to the Governor, he moved to lay the bill
on the table.
The motion was withdrawn, however, to allo,
hG, ia