The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-06-10
Protest of the stase OF Leuisians 90 the
Senate OF the Unitea STATES.

The white people OF the State OF LouiBiana,
h5opsn asas Sv
10 force upon them, as the fundamental Law Of
Louisiana, the Constitution framed under the mill
rary bills. e..f 49,.
their protest That body has yet revisonsry control
over this Constitution and upon trests the inalre
sponsibilify for this legislation. Though 1t has
but concurrent authority In the enactment OF
laws, greater wisdom Is supposed to reside 10 its
deliberations. As the equal assembly OF the
States, charged 70 preserve the residuary sover-
eighty of the States its dignity, the sense OF its
responsibilities and its superior statesmanship, en-
able Il 70 check the Legislative power Of = sup
posed majority Of the people Of the United States.
When the social, educational aud governmental
institutions Of State are imperiiled BY inconsid-
crate legislation, the Senate, recalling the orgi
nal purpose Of its creation to protect the weaker
quences of its legislation. The Judgment Of pes
terity will be the Judgment Of the present gener.
ation-that the true source OF the grievances and
of the degradation Of the white race Is the egis-
lation of Congress. The forms Of State conven-
tons, acting as the agents Of Congress. win not
mitigate your responsibility to the country.
When our future deplorable condition shall have
made manifest the evil consequences Of your
laws it will be too late for remedial legislation.
The claims Of civilization, the interests Of human
ity and the cause of good government suggest that
| II is wiser economy 10 prevent those evils now
than to attempt to avert them hereafter.
|
fciendy records their protest against the mode by
| which the convention was made to exist. We
| now protest against the Constitution framed by
| that convention, because its purpose is and its
effect will be to subject the white race to the
| domination OF the negro.
That we but anticipate the results intended by
this CONSTITUTION viii appear BY considering Few
| Of its provisions. -7''.al
| "ARrIcLK Is. All persons shall enjoy equal
rights and privileges upon any conveyance Of
public character and all places Of business, or
of public resort, for which license s required
| by either State, parish or municipal authority,
shall be deemed places Of public character, and
shall be opened TO the accommodation and patron
| age OF all persons, without distinction or dis.
elimination on account of race or color"
An effort was made in the convention 10 limit
| this indiscrminate patronage only to business
thstwould be licensed. Bynot requiring license,
the Legislature could then have allowed to the peo-
| pie that modicum Of personal right recognized
| even under every absolute monarchy. The negro
element would permit no protective barrier against
his conceit for supremacy. BY asserting his power
to invade and destroy the commonest rights Of
| the white rsce-he understanding the practical
| working Of this provision-at the time when his
| right to vote had not been permanently secured
10 him, when he was standing on the threshold Of
| his political existence, we see him struggle for
supremacy and carry his point. Is IL not reason
able to predict that all subsequent legislation will
| be inspired by that dnirnus Of antagonism, that
| frenzied demand for supremacy, to enable him to
| gather the fruits of his fatal triumph it
Articles 81 and So establish parish court in
| each parish, which have probate jurisdiction 10
| which all SUGGESTIONS shall be opened and finally
settled. This court is also invested with impof-
tsnt criminal jurisdiction. The vast and intricate
| interests Of SUGGESTIONS, involving the grsvest
questions of law and the estates of widows and
phans, are TO be settled by the parish judges. The
rights Of personal liberty are placed within their
| cognzauce. Who are TO be the parish judges !,
| The negroes. No qualification, except citizen
| ship, Is prescribed. The proposed vague qualii-
| cation of learned In the lawn was rejected. A
| delegate has published, over bis own signature,
| that he "heard delegates say that this was done
| TO enable freedmen TO hold the place Of parish
\ judges"
TITLE vrr-PUBLIc EDUCATION.
"ART. l35. The General Assembly shall estsb-
fish at least one free public school in every parish
throughout the State, and shall provide for its
| support by taxation or otherwise. All children
of this State, between the ages of ak (6) and
/ twenty.one (2l) shall be admitted to the public
schools other institutions Of learning sustsine
/ or established by the State, in common, without
distinction Of race, color or previous condition.
There shall be no separate schools or institutions
of learning established exclusively for any race by
| the State Of Louisiana.
| ART 1885, No municipal corporation shall
| make any rules or regulations contrary to the
| spirit and intention of article one hundred and
/ thirty-fve (l35)."
ARr, l42. A university shall be establihe a
and maintained in the City Of New Orleans. 1t
L
legiate department, each with appropriate fscul.
ties. The general assembly shah provide by law
for its organization and maintenance; PROVIDED,
That TALL departments Of this Institution Of
learning shall be opened in common to all Students
capable of matriculating. Norules orregulations
shall be made by the trustees, faculties, or other
officers of said Institution OF learning, nor shall
any laws be made by the general assembly viola
Ting the letter spirit of the articles under this
! title" .-..-..l.....l.. 80 1900. .,.,.
The attempt to establish separate schools, which
would have secured education to both races
failed. The white people generally pay the taxes
for public education. They are thus practically
debsrred from the privilege Of educating their
upon this question OF mixed schools the people Of
this State share the pride and inherit the tradi-
tons of the Northern people. ..-..l. .,..
"ART. 80. The following persons shall be pro.
hibited from voting or from holding any Office
All persons who shall have been convicted OF
treason, Of perjury, forgery, bribery, or other
crimes punishable in the penitentiary, and per-
sons under introduction. -..r- III ..g... .-..r
the right Of suffrage by abjuring their allegiance
to the United States government, by notoriously
levying war against 1t. or adhering to its enemies
giving them aid or comfort, but who have not ex.
patriated themselves, nor have been convicted OF
any Of the crimes mentioned In the first para
graph Of this article. are hereby restored TO the
said right, except the following: Those who
held Office, civil or military, for one year more
| uncer tne OrganizduOn ttyieu Inc OOnieuertte
States of America; > those who registered them
selves as enemies of the United states those who
acted as leaders of guerilla bands during the late
rebellion; those who. in the advocacy Of treason
wrote or published newspaper articles or preached
sermons during the late rebellion; and those who
voted for and signed an ordinance OF secession 10
any State. No person included in these excep-
tons shall either vote hold Office until he shall
have relieved himself by voluntary writing aud
signing certificate setting forth that he scknow
leges the late rebellion to have been morally and
politically wrong, and that he regrets any aid and
comfort he may have given it I; and he shall file
the certificate in the Office of the secretary Of
state and il shall be published in the oficia
| journal; Provided That no person who, prior to
the first Of January, eighteen hundred and sixty
eight. favored the execution of the laws Of the
United States, popularity known as the recon
struction acts OF Congress, and openly and se
lively assisted the loyal of the State in then
efforts to restore Louisiana TO her position in the
Union, shall be held TO be included among those
herein excepted. Registrars Of voters shall take
the oath Of any such person as prinsG Jdcie evil
dence Of the fact that he IL entitled to the bene