New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-28
THE GOVERNORS VETO,

In the debate in the House last Satur-
day, which ensued upon the receipt Of ne
Governors veto message IN relation to the
,'Civil Rights Bill, the real point at issue
seems to have been misapprehended. The
remarks on both sides of the question seem
to have been based upon the assumption
that the Executive had called In question
the rights and privileges set forth in the bill,
and had refused to sanction any means for
securing these rights, or remedies for their
Infringement
Such an assumption, as we think, did the
Governor the gravest injustice.
The equality of title in "all persons
without regard to race, color or previous
condition" to the enjoyment of the rights
and privileges in contemplation, and OF
remedial measures for their security, it
would be idle and futile for any one to
deny. Not only would Governor War
moth be the last to deny them, but his veto
message expressly recognizes their exist
ence and full establishment in the organic
law of the State by the second and thir-
teenth articles of the Constitution.
His objections to the bill are directed
almost exclusively to the fourth section.
This is his language:
The means, however, proposed in the
fourth section of the bill for enforcing
Z booo rirhya aro in ind mani mt Ynara
ly novel and Unprecedented, but impraer
that crime which has never to my
knowledge been so considered in those
where the highest regard is
paid to the personal rights of all men.
In other words, penal remedies are not
the proper ones to invoke in such matters.
They are not to be found in any Of the
statute books in this or any other country.
Even in those communities where the
rights under consideration are most jeal-
onsly guarded and most scrupulously
Legislatures have not found it
Just and correct in principle, or likely to
be eApedient or efficacious in practice. to
meet with penal remedies-with fines and
and imprisonment-acts which are destitute
Of the essential elements Of crime. A lie
yislature has the power, undoubtedly, to
add to the list of punishable offenses, and
thereby TO declare as crimes and to provide
for their punishment, acts which are not so
considered at common law, but 1t is GER
tainly question worthy of careful consid-
grafton, whether, as the Governor suggests,
he present is not highly Hniavorable
lime for new experiments in legislation
lpon matters which, under the most favor
bile auspices, require cautious and deli
ate handling, and in which mistakes in
egislation are especially to be a7oided at
his time when class prejudices are unnatu-
ally inhamed.
The Governor declares his opinion that
nch legislation would tend rather to sub
ert than to promote the ends apparently
ad in view in this bill. II
In brief, the Governor urges the Legis-
lture to adhere to the civil remedies in
lese cases and not cucumber our statute i
Ook with further penal legislation. His
Jews, as usual, are frankly stated and
ught to be carefully considered. We trust
lie Legislature will give the subject can
id attention, and that those who are in
lined to question the good faith of the
overnor will reconsider their too hasty
,nclusions. H.H Ia