The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-20

privilege OF self government I am sstonished,
sir in greater measure, that such bill - this
such celebrity and determination, CLatin quota
toni without the delay Of moment in IL
progress, except. however. one Of the party
with which the gentleman acts, d anxious
=: soa h: ."sh.s !, read h.,: section ~ section
a. not to apply to his own parish other wise,
suppose, IL would be rushed through without
even the pretext Of an examination Of the law By
which constitutional officer is to be deprived Of
bis functions, and they given TO On officer who il
not recognized BY the Constitution ss having any
existence at all. Now. sir, I have done. Do
what you please. Pass it through. But, I say to
you here, that If you go on, step by step. rob-
eps pS %
the aid Of your governor, all the powers which
the people should exercise under the Constitution
in electipg their officers. you cannot hold them.
Mr.. Rsy--Mr. President. the senator VINO mas
jest taken his seat raises question Of constitu-
tionaliy, and another Of policy. The hrst ques-
tion If there is any force in it, ought to be con-
sidered. 1t is true that the State authorizes the
election Of sheriff; but, believe. 1t Is equally
true that the Legislature has the power to define
the duties of that officer. There ia no duty per-
formed by any sheriff that ID fixed BY the Consti-
tuition at all. flEl
Mr.. Futch-The Constitution says " There shall
also be elected by the qualified electors Of the
parish at large, one sheriff, who shall be the
executive officer of the civil courts. and who shall
perform all other duties now devolving upon the
sheriff Of the parish Of Orleans" ~
Mr.. Ray-That article Of the Constitution Is ir-
relevant to the subject, Mr.. President The object
of q sherin 10 to perform executive duties. but
these executive duties are prescribed BY the Legis
lature. Now, it was never intended BY the Con-
sttution, nor will the wording justify the interpre
tstion that the duties of the sber oud never be
changed by the Legislature. But In this Law there
is nothing abrdging the duties Of the sheriff at all;
It merely prescribes the method ty which the
ties. II Is perfectly competent for the Legislature
to take away from sheriffs the pswer Of calling
ont posses or Of appointing deputies, II necessary.
The sheriff appoints deputies, not by virtue
Of the Consultation, but BY virtue Of
which the Constitution does not pretend to inter.
fere. Now. the object and purpose of this
law are to assist the sheriff in the execution Of his
duties. He is required. when it becomes mecca
sary, to apply to the Metropolitan Police Board
for additional aid to execute the duties of his
Office, and it is made the duty of that board to fur.
nish the aid he demands. Is thsre anything un-
constitutional, or that abridges the rights vested
in the sheriff by the Constitution In that! II there
anything that will prevent the execution Of any
law required to be executed by the sheriff! None;
and no pretext can be sustained that this section
interferes with the Constitution. The right Of the
sheriff to call out Q posse was conferred
by special act OF the Legislature. In this law
it is merely proposed to change the mode by
which, when the sheriff Of his own power cannot
execute q writ, he shall be aided in doing so.
When We take into consideration the object of
the metropolitan police bill, the wisdom Of this
provision is seen. 1t does not propose to take
awsy the right to elect the sheriff. or to interfere
with him in the execution of his duties, but to
give him the additional right to call for all the
power requisite for that purpose. If he requires
ten men, or fifty, or thousand, all he has to do
is to apply to the metropolitan police officer, and
the necessary assistance is afforded. As under
stand the object of the metropolitan police, 1t Is
an organized body-not an army. 1t has its
organization complete as police force. Then
where can q sheriff better 60. when he has
not the power to enforce certain writs, than
to that organized body? Instead of calling Q
posse or swearing in additional sherifs here is an
organization Of men sufficient for all such pur-
poses, and the sheriff has only to make an applioa-
ton to the head of that force and the proper
assistance will be given him, just al he would
one here under the charge of the governor-the
military would be sent out to assist the sheriff 10
the execution OF that writ. The principle 10 Just
the same. Here is q police Organization to ex.
ecute the law and keep order, and II the sheriff
needs any aid there is the place to 90 for it.
On motion Of Mr.. Campbell the motion to strike
out was laid on the table and section adopted.
Section having been read, Mr.. Todd moved to
strike 1t out, which motion was tabled.
Section having been read
Mr. Todd move to strike it out. The people
OF the City of Jefferson are not rioters or cut
throats. The senator from Ouachita says we can
call on the metropolitan police. We are law
abiding citizens in that community, and the citi-
zeDs themselves have never failed to respond
when called upon to assist in keeping the peace.
Mr.. Bacon-Mr. President, the senator from
Onachita, in reply to the remarks that made q
few minutes ago, criticised the application of
what then said to the second section, but the
senator had himself, Immediately after the FIRST
section was read. said that the whole object of
the bill was expressed in it that ii did not subject
lice, but simply gave the sherifs the power to OBJ.
tain assistance from the police. but he admitted
that 1t deprived the sheris of all authority over
elections, power which they had hitherto pos
sessed and abused. If / extended my remarks
upon the ,, second section beyond its mere YER
subsequently to be found in the BILL in the section
Just read, and directed my remarks more to that
provision than the one under immediate consider.
alton. had precedent for it in the senator's
does make these officers who are elected under
the Constitution subject to the metropolitan police
commissioners, created by an act If the Legisla-
ture and appointed by the governor, having less
rightful authority, in parish, most assuredly,
than he whose warrant of authority comes from
the Constitution and the election by the whole
people of an extensive and populous parish, such
as this. This, sir, of itself, il an outrage, and
approaches as near the unconstitutional exercise
of power as q subordinate authority could ever
undertake. II say, sir, that this Legislature, and
this governor are inferior TO the people. say that
the laws of this Legislature are inferior to the Con-
stitution, and that an officer whose power and dig
nifty are given him by the Constitution IL higher
than any whom we can create, and when this bill
In this section undertakes to subject the sheriff
elected by the people of the parish Of Orleans
TO commissioners selected through the authority
of this Legislature by the governor, 1t IL an act
in violation of the principles Of the
Constitution which the people have . right
to resist. The gentleman says that although
sherifis are authorized by the Constitu.
ton they have no special powers or duties as.
signed them save. what are delegated by the
Legislature-that the Legislature can take from
or give them a. much power as 1t sees fit. do
not so understand 1t. understand that the Con.
stitution creates these officers for the purpose Of
exercising certain functions which from time i'm
memorial have devolved upon sherifs. The
Legislature may define or qualify them,
but l do not think It can make them
to officers whom the Legislature itself
creates. The Legislature thereby places itself
above the charter under which it acts. Why. sir,
this Legislature has no more lawful existence than
the sheriff Of the parish Of Orleans. 1t Ia created
by the Constitution. SO is the Office of sheriff.
And this metropolitan board Of police IL bastard
in comparison with the sheriff Of the parish of
Orleans. Mr.. President, the principle of this bill
Is that the people shall not choose their officers;
shall not govern themselves but shall be governed