New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-28
NEW ORLEANS REPUBLICAN, MONDAY sEPTEMBER 28 1858

the first section Of this bill and sought to be
enforced thereby are fully and explicitly re-
cognized and established in the Constitution
of the State. Even u foreigner, not citi-
zen, has the same right to travel and be en-
tertained as citizen, and there IS nothing
in our jurisprudence which makes distlnc-
tons on account of race or color, except in
so far as relates to slavery. The organic
law of the land gives to '.all persons" per-
feet equality of civil and political rights,
| including the privilege of enforcing
these rights in the courts and EN-
| ploying all the legal remedies which have
! heretofore been found requisite to secure
| their rights to all persons; the means, how
ever, proposed IN the fourth section OF the
| bill for enforcing these rights are, in my
! Judgment, not merely novel and unprece-
| dented, but impracticabe and pernicious,
I IL seeks to make that crime which has
never to my knowledge been SO considered
in those communities where the highest
regard is paid to the personal rights Of all
men. -e.l3t t-.s-w lnMR #BHeE
There is, and always ought to be, broad
| line OF demarcation fixed between a crime
| and the breach of obligations growing out
| OF civil contracts, and we demoralze the
public conscience and confuse its concep-
| tons of right and wrong when we seek to
obliterate so evident distinction. Our
statute book is filed already with criminal
| laws that are never enforced, and never will
! be, until public opinion rises to their re-
| spective levels. The history of the world
is full Of examples of this sort, when acts
not in themselves criminal have been
| yainly declared so, and in this way
leyity of feeling in regard to real
crimes produced, we relapse into the legis-
lation of less enlightened period, when we
| try to convert an act which is properly
| question of civil damages into an otfense
against the peace and dignity of the State.
4 "a - Jl-v Ind
| that we cannot hope by legislation to con-
| troll questions of personal association;
much less can we hope to force on those
| who differ from us our views OF what is
humane, or courteous, or Christian-like.
Mutual forbearance and kindness, and the
noble belief in the brotherhood OF man,
must spring from higher source than the
fear of punishment. They can never be
forced to grow by pains and penalties
Again, so far AS railroads and steamboats,
are concerned, 1t must be borne in mind
that the regulation of commerce between
the several States was wisely confided, I'M
der the Constitution of the United States,
to the national Congress. The object of
| this grant of power was clearly TO
prevent the confusion which would
arise from conflicting legislation on
such subjects by the different contiguous
States; and the wisdom of the provision ap-
pears more clearly every day as the means
proved, By the second and third sections
of this act, no distinction is clearly made
between railroads and steamboats, whose
routes are wholly within this State, and
those whose routes are beyond. Of course,
our criminal jurisdiction cannot GO beyond
our State lines. and in this respect the act
seems impolitic and liable to produce I'M
1 necessary confusion and litigation. For eX-
perimental legislation of this kind, for
| which the sanction of no successful prece
dent can be adduced, more unfayorable
occasion than the present, could hardly be
imagined. In the midst ola most exciting
political campaign, at a time when the
passions. ammosities, and resentments
consequent upon great war, and attend
ant upon great and sudden changes
in affairs, are reused to the highest
pitch of intensity, and when the preu-
dices regarding race are intiamed
to the utmost it is here proposed to enforce
by penal remedies what is practically class
legislation, and to maintain and confirm
class distinctions. The effect, Ia my iudg-
ment, of such au act, would be to defeat
rather than to promote the ends apparently
had In view by the author Of the bill. The
barriers of race, instead of being thereby re-
moved would be increased in height and
| breadth, in frmuess and strength. So long
as these barriers are maintained, so long
will be deferred the era of peace, order and
prosperity in the State to which mutual
harmony and good will are essential, and so
long will the rights Of the lately enfran-
chised linger in thecondition of doubt and
{ insecurity. The prejudices upon which
| these barriers are founded have no founda-
ton in reason or nature, and will surely
give way to the softening influences of time,
| unless they are constantly fretted into activ-
ity. In the mean time any person, colored
by the Constitution in the enjoy
ment of political and civil rights, aud
in his remedy for their infringement.
The courts are open to all alike; the same
rule obtains in National and State Courts.
The Judges Of the State Courts and their
officers are anlenable to and dependent upon
| all citizens alike. Colored and white alike
constitute juries. Those Of the lately en-
fTanchised who are wise and rejecting will
not ask for more. They will rather depre
cate kind of legislation which, instead of
advancing their present condition, only rem
ders the enemies of their race more bitter
and determined in their hostility, and
furnishes them weapons whereby to assall
the rights which the colored men have al
ready acquired. Ia returning this bill with
out my signature, it is hardly necessary for
NE to say that / am prepared, so far as hes
in my province and power, to enforce the
| new Constitution as it exists: such is my
desire as well as my duty. But when find
| the act in question to be, in my best tudg
ment, unnecessary and unwise, aud, for the
reasons have stated, calculated to demor-
alize the public conscience, and intensity
distinctions which will surely yield to the
power of time, and the growth of more
catholic views of our personal relations, it
becomes no less clearly my duty to decline
to sign it. H. G. WARMOTH,
! Governor of Louisiana.
After considerable discussion upon the
Governors veto, the further consideration
Of the same was, on motion of Mr. Isabelle,
of Orleans, postponed until Monday next,
the twenty.eighth, atone o'clock P. M.
On motion Of Mr. Crawford, of Franklin,
500 copies of the veto message and bill No!
II included, were ordered to be printed.
On motion of Mr.. DeWees, Of BienYille,
the House adjourned until Monday next, at
twelve o'clock NJ. q 4As44 sft
WIN. YIGERS,~
3 Chief Clerk House of Representatives.
| THE GOVERNORS VETO.
In the House on Saturday afternoon the
Governors message returning without his
signature the bill to protect all PERSONS in
their public and civil rights, was discussed