New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-03
ORLEANS SATURDAY EVENING. OCTOBER s. 1868


grant to save us this day from the fist of the
| wicked and the wrath and menaces of the
men of Belial. Save Us, LORD, and we
will bless thee for thy great salvation for
ever and ever. Amen.
An act for the relief of W. W. Handlin
came up on its second reading.
| Mr.. Lewis: Mr.. President the facts of the
case, as understand them, are that Judge
Handlin WAS permitted to exercise the duties
of ais office until the whole business season
was over, up to the time his successor was
| appointed and qualified. The time that he
asks to be paid 1or is the vacant time that
no judge was drawing salary. He was
turned out by the caprice Of man who
had the power to do it when the business
| season was over and as lawyer he could
have nothing TO do. Now, sir, that bill
states that he was discharged from office
without being notified of it, and also set
| forth that 1t was upon the decision, sir, that
| he rendered as judicial officer, being
| sworn to render that decision according to
law and justice and in obedience to the con-
| stitutlon. He could do nothing else, sir.
! The duty he owed TO himself and TO his God
| compelled him to give it according to the
| dictates of his own judgment. and for so
doing, by the caprice of this Governor who
had the power to do it, he was dismissed
without being given any notice of an inten-
| tion SO to do, and at time when any Judge
could have nothing to do either as judge
or rs lawyer, and appointed another Judge
| just as soon as business commenced. Judge
Hand in asks only for pay during the blank
space that there was nc Judge at all.
Mr. Lewis here read the following extract
from the New Orleans Era of July 8, 1864,
being extracts from the report of the case
of 0smond VS.. Roman: ......
This is case that came from Judge
lZards Court on an appeal made by the de-
fendant. The case grew out of the action
by plaintiff to recover certain articles Of
furniture which Judge lizard decided in
her favor and against her former owners.
The case came up yesterday morning in the
Third District Court, Judge Handlin pre-
siding. @ y
After the Attorney General had concluded
Judge Handlin said that he knew of no
disposition on the part of the Judges to
disregard the military laws of the land. For
his part 1t was his desire to facilitate justice
wherever the law was clear and explicit.
But beyond this he did think it the duty of
the court to go. The court could not legis-
late--it was not expected that the court
should make law. He thought in the pres
ent case that the military orders were
deficient in regard to these people that had
formerly been held as slaves. He thought
that an enabling act or order was necessary
defining their rights"
Now, sir, when he made this decision he
felt conscientously bound by his oath to de
eide according to the law as it was, and moi
as he desired 1t to be. He clearly set forth
in his reasons that he rendered for his de
csion that his sympathies were in behalf oi
the persons whom he rendered judgment
against. But, sir, being bound by the laws
of the land, which he had sworn to admin.
lister according to the best of his ability, he
could not conscientiously give any other
decision. When Judge Handlin was dis
missed from office, Judge Howell, now one
of the Supreme Judges of the State, resigned
his seat upon the judges bench because ht
felt the iniusticG OF the decision Of the Gov
, ernor in dismlssing Judge Handlin by sucl
preteXts and nn1er such circumstances
Now these are facts, and believe that Sena
{ tors on this floor will be willing to give HI,
) Just dues to Judge Handlin, aud with thi.
f explanation l will leave it to their decision.
ask that the bill be considered engrossed
, Mr.. Lynch: Mr.. President, | shall have Il
object. This is a private bill and more es-
peCially interests some of the Senators who
are not present. The explanation of the
Senator would weigh very much with me
| have high respect for him, but Il am no
prepared to vote upon this or any othel
claim of the Kind until l understand it more
fully. If we establish precedent l feal
f there is no stopping it. Governor Welli
comes in for his salary for the unexpiret
vi III VI MS OiuGGi luu GNGIN ICIS0u llldI Dd
, been displaced by the overturning of affair
in this Slate will claim the amount of hi
9 uneNpired term, and certainly the Finance
Committee of the Senate has been forced t
report about such cases and do not speal
about this particular claim. am opposed
to the principle Of voting before know any
, thing about the gentleman or the Justice o
his claim, but am opposed to establishing
such precedent, which consistency viii
obhge US to follow.
The bill was then referred to the judiciary
f Committee.
The joint resolution that the Senate take
a recess from October 2, being under con
sideration-
Mr.. Wittgenstein: I move to amend tha
the recess be until twenty-fourth October
instead of twenty seventh November.
Mr.. Lynch: can see no good to be ac
comphshed by meeting again before elec
, tion. 1t may be an easy matter for thos
who live near the city to come here at an,
time, but for others who live at a distanc
it will be utterly impossible. The gentle
tleman's explanation is made that seyera
\ memoirs may come here and adjourn from
time to time. by this means continuing tn
: expenses of the General Assembly the who'll
time, and am opposed to it on thes
r grounds.
Mr.. Bacon: am opposed to adiournint
at all. We have important business befor
US relative to the tiuances of the State an,
city. l regard it extremely important
g in the present condition of our fnanC es
not to adjourn on the second.
: Mr.. Wilcox: 1 move that the resolution
5 be laid on the table subject to call | be
lieve it is premature to Tx time for ou
t adjournment now. 1t can be decided upol
/ al any time hereafter.
The President: The Chair will state tina
, many things have as yet been unprovide(
9 for. The bill providing for the appointment
S of Board of Public Work has been passed
= but the Governor, l am informed, declines
appointing a Board until the finances are
! provided for. am informed that the brok
ers have no confidence in the city admins
tration and will not lend them any money
also that capitalists at the North and Wes,
refuse to lend our State any money until the
, election is over; things are so unsettled
: Both municipal and State affairs are in 8
| critical condition. We have agitators all
l., through the city and State that are keep
ing up excitement, and riot is anticipated
by some. So far as | am personally con.
i cerned, | do not see why there should be.
: have no apprehensions of riot. | am will
ing to 60 through any portion of the city al
any time of night or day. feel conscIou:
that ] have done nothing to injure any man
Democrat or Republican. In the honorable
position have occupied have tried to give
e satisfaction to all, and believe have done
/. so, unless it may be in some trivia
matters. But we are in terrible
condition, and think this Senate before
s 1t adjourns, should adopt some mode by
: which we can establish tranquility, not onll
L in the city, but throughout the State.
:: know we can do it, If we SO determine
i Let US call upon the city press TO aid us il