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

with which the Constitution does not pre-
tend to interfere. Now, the object and pur'
pose of this law are to assist the sheriff IN
the execution of his duties. He is required,
when it becomes necessary, to apply to the
METROPOLITAN Police Board for additional
aid to execute the duties Of his office, ana
It is made the duty of that board TO furnish
the aid he demands. Is there anything IN
constitutional, or that abridges the rlghts
vested in the sheriff by the Constitution III
that? Is there anything that will prevent
the execution of any law required 10 De eX-
ecuted by the sheriff? None; and no pre-
text can be sustained that this section IN
terferes with the Constitution. The right
of the sheriff to call out a posse was con-
ferred by a special act OF the Legislature.
In this law it is merely proposed to change
the mode by which, when the sheriff of
his own power can not execute a
writ, he shall be aided in doing so. When
we take into consideration the object of
the Metropolitan Police bill, the wisdom oil
this provision is seen. 1t does not propose
to take away the right to elect the sheriff.
or to interfere with him in the execution OF
his duties, but to give him the additional
right to call for all the power requisite Tor
that purpose. If he requires ten men, OF
fifty, or a thousand, all he has to do Is to
apply TO the Metropolitan Police olhcer, ana
the necessary assistance is Afforded. AS
understand the object of the Metropolitan
Police, ii is an organized body-not an
army 1t has its organization complete as
a police force. Then where can sheriff
better go, when he has not the power to en-
force certain writs, than to that organized
body? Instead of calling a posse or swear
lug in additional sheriffs, here is an organi-
cation of men sufficient for all such pur-
poses, and the sheriff has only to make an
application 60 the head of that force and the
proper assistance will be given him, Just as
he would apply to the military organization,
if there was one here under the charge of
the Governor-the military would be sent
out to assist the sheriff in the execution Of
that writ, The principle is just the same.
Here is police organization to execute
the law and keep order, and if the sheriff
needs any aid there is the place to go for it.
On motion of Mr.. Campbell, the motion
to strike out was laid on the table, and
section two adopted.
Section three having been read, Mr. Todd
moved to strike it out, which motion was
tabled.
Section four having been read
Mr.. Todd: move to strike it out. The
people of the city of Jefferson are not rioters
or cutthroats. The Senator from Ouachita
says we can call on the Metropolitan Police.
We are law-abiding citizens in that com
munity, and the citizens themselves have
never failed to respond when called upon
to assist in keeping the peace.
Mr.. Bacon: Mr.. President the Senator
from Ouachita, in reply to the remarks that
i made few minutes ago, criticised the
application of what l then said to the sec
ond section, but the Senator had himself,
Immediately after the first section was read,
said that the whole object of the bill was
expressed in it; that it did not subject the
oh N ha mt pf he
Police, but simply gave the sheriffs the
power to obtain assistance from the police,
but he admitted that it deprived the
sherifs of all authority over elections
a power which they had hitherto pos
sessed and abused. If / extended my re
marks upon the second section beyond its
mere verbiage, with view to that which
the section just read, and directed my re-
marks more to that provision than the one
under immediate consideration, had pre-
Cedent for 1t in the Senator's own remark
respecting section one. This section four
does make these officers who are elected
under the Constitution subject to the Me
tropolitan Police Commissioners, created
by an act OF the Legislature and appointed
by the Governor, having less rightful
authority, in parish, most assuredly, than
he whose warrant of authority comes from
the Constitution and the election by the
whole people of an extensive and populous
parish, such as this. This, sir, of itself, is
an outrage, and approaches as near the IN
exercise of power as q subor-
dinate authority could ever undertake.
say, sir, that this Legislature, and this Gov
ernor, are inferior TO the people. / say that
the laws of this Legislature are inferior to the
and that an officer whose power |
and dignity are given him by the Constitu- |
tion is higher than any whom we can create, |
and when this bill in this section undertakes |
to subject the Sheriff elected by the people |
Of the parish OF Orleans to commissioners |
selected through the authority of this Legis-
lature by the Governor, it is an act in viola
ton of the principles of the Constitution
which the people have right toresist. The
gentleman says that although SheTiffs are
authorized by the Constitution they have no
special powers or duties assigned them save
what are delegated by the Legislature
the Legislature can take from or give them
rs much power as it sees fit. l do not so
understand it. / understand that the Consti-
tuition creates these officers for the purpose
Of exercising certain functions which from
time immemoTial have devolved upon
iheriffs. The Legislature may define or
lualify them, but / do not think it can make
Them subordinate to officers whom the Lee
yislature itself CT Gates. The Legislature
thereby places itselfabove the charter under
which it acts. Why, sir, this Legisla-
lure has no more lawful existence than
The Sheriff of the parish of Orleans. 1t is
created by the Constitution, so is the office
Of sheriff. And this Metropolitan Board of
Police is bastard in comparison with the
Sheriff of the parish Of Orleans. Mr.. Presi-
lent, the principle of this bill is that the
,eople shall not choose their officers, shall
lot govern themselves but shall be gov
rned by Governor Wrrmoth and the acct
Iental majority of the Legislature. That is
he policy and the principle Of the bill, and
hat principle is in violation of the consti-
utional rights Of The people, and say they
lave a legal and constitutional right to
esist It.
Mr.. Ray: When you say right to resist
t, do you mean BY force of arms, or by
esort to the laws
Mr.. Bacon: By law-the law Of the Con-
titution.
On motion of Mr.. Campbell the motion to
trike out was laid on the table:
Yeas Is, nays 6.
The remaining sections were then adopted.
PIONEER GRANT CLuB.--An enthusiastic
udience assembled at the rooms Of this
Tub last night. DR.. Terry led of and made
short speech, which was received with
nuIauno He ruaa fa1tauad hxr 4I,o D. |