New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-22

aee es Inc sheriff Is not con-
makes him so; he only executes Tie ,vr;t ssA ~
tne law. Every judge and magistrate Il =
conserVat0r OF the peace, but the eherssf -
mere executive officer; If he has a writ r..
execute and needs aid, it is for him to anuSx
The proper authority Is the netronolitsr
peace. - suo
MI Todd; l move to strike out the word
JEFFERSON wherever it occurs in this bill.
III, III sne reason that we have a Sheriff there
WIZ was elected by the Republicans ana
VINO served in the United States army. and
whenever you take away the powers which 3
are delegated to him by the laws of the
oeate, you paralyze him. He can scarcely
Inesoo1a supper as tbs. If you strike out
bill. o"lecHon 10 inc
Mr. Ray: It seems to me the reason as.
signed by the Senator from Jefferson ia not a
gooo one whether the Sheriff of any mar
ticular parish is Democrat or a Rappnh-
lican is no reason why the law shonld he
passed. There is little or no profit derived
| Dy the Sheriff from experimenting an cleo
tlon; at any rate, l believe the election law
We We nave passed and the registration law
| t shnI sne whole subject of elections out of
ene hands of the sheriffs throughout the
o.ate This law is to place this subject of
electlons within the control of municinal
olhceTs IN this parish, jefferson ST. Bernard
s gnu the same as in the other portions of the
t"noL t nney nave abused the privilege so
nlucI On heretofore that it is regarded as better
10 take 1t out of their hands altogetber' 7
move to lay the motion to amend on the
| table. 0Au oh 'nS
The motion to table was adopted and ON
motion of Mr.. Ray the bill was taken nm
section by section.
Mr.. Plnchback: 1Ir. President, am Glad
the OH mas been taken up section by sec
tlon. heard the Senator from Jeiferson
Say t9aG ~ was taxing away the constitu-
| tlonal rights OF sheriffs, and want to ex-
| anime 1t and hear it discussed, to see
whether IL does so or not. find, however
nothing of the kind in it from reading il
over. ~
Mr.. Bacon: | move to strike out section
second. And now wish to say here. that
| II IL De the design of this Legislature to de-
! pTlve the parishes of Louisiana of the right
to choose their officers, and to invest it i'm
the Governor, whose appointments are to
De connrmed by this Senate, and to impose
upon the people of those parishes officers
not elected by them, who are TO hold in
| their bands almost the lives and liberties of
the people, |, for one, as representative of
this parish, will tell yeu that it shonId not
| be submitted to.
Mr.. Campbell called Mr. Bacon to order
as using inflammatory and unparliamentary
language.
| The President called both Senators to
order, and requested Mr.. Bacon to confne
his remarks to the discussion of the merits
OF the section.
Mr.. Bacon: l say this, sir as to the III
| constitutional exercise of power bv this
Legislature-itisr obbing the people of those
rights guaranteedl them by this Constitu-
ton, and as the Constitution is higher than
any law which this Legislature can make
Wheu say that the people will not submit to
| such laws mean that the Constitution is
| higher than any law which this legislature
can enact 40 not say, sir, that the peo-
| pie will not obey the laws, but saw thew
will not obey unconstitutional enactments
| falsely called laws; and, sir, it is idle for us
to talk here of any quietude in this COM
munity or in any other; to pray for it, to
| WORK LOT IL, TO counsel it, to urge men not
| to indulge in violent feelings nor to do vio-
lent acts, when every provocation is given
| to act otherwise. And the gentleman Dre-
sumes to call this law. l say sir, it has
none OF the characteristics of law; it is
merely partisan effort at usurpation; it is
| usurplng power and then calling it law.
The Constitution of the State declares that
there shall be sheriff elected in every
parish. What is that sheriff for2 His duties
have been defined from time immemorial
and they are defined now in the existing
laws. In England, and in every other State,
and in this State since its first existence
| there is the grand conservator of the peace
the sheriff. He is at the head of the police
of his parish or his county, as the case
may be; interior policemen are to re-
| port to him and he is to com
mand them all. And yet, sir we are told
that the sheriffs of the parishes of Orleans
| and Jefferson must go to these Governor
| created officers for their instructions. Now.
! sir, 1 ask the people of the parish of Or
leans to adhere TO the law and to execute
the law-the law which is higher than any
law which this Legislature can make This
bill, and all similar ones, are introduced for
the purpose of creating and exercising a
power for which there is no authority in
the Constitution, and which will override
the Constitution and destroy the rights of
the people. 1t is to make this Legislature
part of which holds its power for two years
and part for four years together with theGov-
ernor the masters OF the people; although
| they may show by their suffrages that they
have no confidence in it, yet they must be
ruled by it. This is not legal nor constitu-
tional. would ask legislators who desire
peace if there be any such here, to look
calmly at this matter and see whether they
are attempting to create, as the Senator
from Carroll said the other day, another
Ireland, where man is not safe unless
he is guarded by strong body of
his own or the soldiers of the
queen. We, sir. should not under
take to produce such antagonisms as this, if
we wish to see peace in this community and
the proper laws obeyed. We should try to
assuage all these difficulties and differences,
and not produce new Ones / am astonished,
sir, to see gentlemen of good sense and IN
telllgence, and who must know the people
who have so long exercised the right of suf-
trage, undertake here things which would
not be countenanced for a moment in any
Northern State, or any State which has like
us, the right, upon paper at least, of enjoy
ing the privilege Of selfgovernment. am
astonished, sir in greater measure, that
such bill as this should be introduced aud
pushed through with such celebrity and de-
termination, Latin quotation] without the
delay of moment iii its progress, except,
however, one of the party with which the
gentleman acts is anxious to have it read
section by section, and another to have it
amended SO far as not to apply to his
own parish otherwise | suppose it
would be rushed through without
even the pretext of an examination of the
law by which constitutional officer is to
be deprived of his functions and they given
to an officer who is not recognized by the
Constitution as having any existence at all.
Now, sir, have done. Do what you please.
Pass 1t through. But, l say to you here,
that If you go on, step by step, robDing the
people of the little power left them, and are
giving to yourselves, as Legislature, with
the aid OF your Governor, all the powers
which the people should exercise under the
Constitution in electing their officers, you
can not hold them.
Mr.. Ray: Mr.. President, the Senator who
has just taken his seat raises question of
eonstltutionality and another Of policy.