New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-03-10

neau, Blackburn, Blsndin, Bonnefoi, Brown,
Burrel, Butler, Crane. Cromwell, CHney,
Depasseau, p, G. Deslende, Joseph Des-
londe, Donate, Douglass, G. Duparte, ..
Dupart, Dnplessis, Esnard, FRANCOIS, Full
Ter, Gardiner, Guichard, Harper. Harris,
Hampstead, Ingraham, R. II. Isabelle,
Thomas Isabelle, jackson, Jones, Kelso,
Lange, Leroy, j. B. Lewis, Richard Lewis,
Marie, Martin, Massicot, Meadows, Nc
Leran, Norris, Moses, Mushaway, Myers,
Newshan, Oliver, Packard, Pierce, Pinch
back, Poindexter, Pollard, Reagan, Reese,
Riard, Riggs, Rodriguez, Schwab, Snaer,
Thibaut, Fwitehell, Underwood, Valfrsit,
Vidal, NAPLES, WicklifFe; Williams, Wilson
II yeas.
Nays Cooley. Crawford, bearing, Fer
gusOn, Harrison, Vandergrif-6 nays.
The yeas and nays being called up
on the adoption of the constitution as
a whole, Mr.. Blackburn, of Claiborne,
voted "yes," with the following pro-
test against some of of its features:
PROTEST.
| Mr.. PRESIDENT | desire to give some
reasons for dissenting from portions of the
constitution now about to be submitted to
the people for their approval or rejection,
while at the same time / shall agree to vote
for the adoption, and sign the instrument
as whole. and recommend its ratification;
and what l say may not be entirely orig
inal in either thought or language, but is
nevertheless gathered from mature medi-
tation upon what have read and ex-
perienced, and will, l trust be deemed
appropriate, and worthy to be spread upon
the journal Of the convention.
Then, Mr., President and gentlemen of
the convention, allow me to say in the
forcible and telling language of one of the
ablest writers of the age, that the great
false idea from which we have suffered and
are suffering so much, viz "That if you
can only get certain law or constitutional
provision passed, your object will be &C
complished," is an idea drawn from aristo-
cratic societies. and has in truth neither use
nor practical application in this country.
In aristocracies the opinions of but few
men are expressed in legislation and they
are generally maturely weighed, and form
part of deliberately framed policy be-
fore they are embodied in legislation. The
| acts in which they are clothed are therefore
| likely to stand, and do stand, and often
work important social changes, no mat
people think of them. But in democracy
like ours, there is no use in legisating in
advance of the popular sentiment, by which
l mean patriotic and enlightened public
sentiment. True, the legislator may be a
better man than his fellows, and he may
seem to have a splendid opportunity Of
setting the world to rights. and it may be
that he is only trying to enforce some prin-
ciple to which, though the people may not
be prepared for it yet they VIII one day
work up; but he will, under such circum-
stances, not only not help the cause he has
at heart, but hinder it, if he seeks to base
his legislation on simply his own ideas of
right, and not on firm popular and we'll
matured public coRUiction.
If there is enc thing which experience is
teaching modern nations more thoroughly
than another it is the comparative worth.
lessness of all mere political arrangements
on paper, whether constitutions, treaties,
or legislative acts. The mere fact that
they are laws passed and recorded with
the proper formalities seems of itself
TO gain for them neither durableness
nor authority. l believe / alluded to
this fact, and instanced the practical fu-
tility of the Civil Rights bill in localities
where the popular sentiment is opposed to
its execution, in discussing an Important
provision in the Constitution which was
passed against my solemn protestation and
earnest advice-a provision, the " impor-
| lance" of which, l may say, consists in its
folly and impracticability. The pages of
our legislation are dotted and marrcd
everywhere with those worthless and mis-
chievous paper guarantees, formed in folly
and against reason and the public appro-
baton. Ofall the treaties which have been
made between civilized nations since 1850,
not one has the least force except what it
draws from the support and approval Of
public opinion at the present day. The
treaties of 1915 were supposed to have made
the settlement Of Europe, arranged in that
year, perpetual. They began to be rent in
twain, however, fifteen years later, and now
not shred remains. The treaty of Paris
was supposed to have driven Russia out of
the Black Sea and settled the Eastern
Question" But what is the treaty worth
to-day?
Forty years ago, about the time when
the British and American Constitutions
were furnishing models for "ohartersn to
such of the other nations Of the earth as
longed for constitutional government, there
was widespread belief among politicians
that if you oaiy gave a country well
drawn constitution, properly engrossed,
attested, and sworn to, its happiness was
sure. France, Greece, Belgium, and the
Spanish and American republics all sought
this imaginary, short, and easy road to lib
erty and prosperity. And dnring the anti
slavery struggle in this country, each side
| fiattered itself that if 1t could oRly procure
the embodiment of its views in an act of
| Congress, or in a Judicial decision, the
struggle would be ever. When the or
dinance Of 1889 was passed, the Northwest
was supposed to be henceforward scared
to freedom. WheB the Missouri compro-
mise was made, the conflict between the
rival systems of labor was believed by the
authors of the measure, and by large por-
tien of the public, to be at an end The
Fugitive Slave Law was looked upon as
another great quieter of controversy. But
none of these measures could compare
with the bred Scott decisionl We all
know the shouts Of triumph that came
from the throats of tho devotees OF
slavery, as that was hurled at the
heads of Republicans. There it was,
duly rendered in full court on final
appeal, with reasons given, and every
form complied with; what was there
| left for the friends Of freedom to dc
but to submit and be silent! But
where are all these settlements
now? And the temperance reformers
all over the North have for many years
been fully satisfied that If they could
only get drinking prohibited BY law