New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-24

| living here upon our hOmesteads; we were
making little crops, and we were
prosperous; our liberties AID our lives
were protected, and we did not care
for any MORE and we tell you that the pas
sage of this bill was useless and UNJUST
entailing as it does, coutinaed taxatlon'
and placing in the hands OF one man ao-
solute and uncomfortable power. They
will tell you you have not performed faith
fully the duties placed upon you by your
constituents. I therefore hope that in
stead of permitting this bill TO
pass without any further discussion, and
instead of giving this extraordinary power
to one man, that the bill will be analysed
carefully by majority, and am satisfied
that if it be carefully analysed that at least
not q colored Senator will vote for its pas
sage. / therefore move TO postpone the
further consideration until Wednesday, a.
half past twelve o'clock.
Mr.. Ray. l move to lay that motion on
the table. This motion prevailed, and
sections fifty-three to ninety-four were
adopted.
Sections from ninety five to one hundred
and ten inclusive, We're then adopted
without debate.
Mr.. Blackman: Mr.. President, l offer
the following as an additional section:
That nothing in this act shall be construed
as to permit the Governor to call out the
| militia into active service, unless IN the case
| of invasion or armed resistance TO the law;
aud that no officer or private Of the militia
shall be paid any salary, except he be called
out into active service.
| Mr.. OHara: | move to adopt that Sec
| ton.
MIR. Campbell: Mr.. President, the sec
| ton proposed consists of two provisions,
one of which says the Governor shall not
call out the militia except in case ofinvasion
or armed resistance to the law. That is
unconstitutional because the constitution
provides that the Governor shall have the
power to call the militia into active ser
vice for the preservation OF law and order,
or when the public safety may require 1t.
That part of the section, then, is unconsti-
tutional and the other part, which pro.
vides that the militia shall not have pay
except wheE in active service, Is already
provided for in the law; so that one part
is useless and the other unconstitutional;
/, therefore, move to lay the proposed
section on the table.
Mr.. Blacllman: Mr.. President, / have
one word to say about the constitutionallty
of this proviso. The Legislature certainly
has the right to place its own inter-
probation on this clause of the consti-
tuition and fix it by enactment, in
order to prevent any vain construc-
ton being placed upon it, and
also to restrict the Governor from
going beyond it; and for this purpose the
militia should not be called out except
when there is armed resistance to the law
or in case of invasion, and not when one
or two or ten men see fit to create a riot
or disturbance in order to have the militia
called out. 1t should only be done when
the officers of the peace are unable to ex-
ecute the law, and to arrest the persons
and bring them 10 justice on account of
armed resistance. 1t is for this purpose,
in order TO prevent any vain or strained
construction being put on this clause in
the constitution, that this section is
offered l do not look upon the militia
bill, if carried out in the true intent and
spirit of such laws, as such & great out
rage upon the people Of the State, but if
Governor niscoustrues the power given
to him, if he exceeds the power provided
in the constitution, and which the trainers
Y
comes an engine OF oppression by which
the election of the State may be carried,
and by which the whole liberties may be
subverted. It is to provide against that
that l wish this section to be adopted, aud
| see nothing in lit either unconstitutional
or useless, because the militia should GER
tainly not be paid without performing any
services.
/ again repeat, Mr.. President, that the
Legislature has right to say to the Gov
eruor that, under this provision Of the con-
stitution he can not and has not the
right TO call out the militia, unless there
is necessity, and that such d necessity
does not exist unless in case of foreign
invasion, or unless it be to protect the
homes and heartbstones, or when the
country is in such tumultuous and
riotous condition that the peace officers
can not execute the law, and find it Deces-
sary to have an armed force to put down
armed resistance to the law.
1t seems to me, Mr.. President, that this
bill should be properly guarded. / do
not say that the present Governor would
abuse these powers granted, butwe should
prevent any subsequent Governor these
extraordinary powers, which be might do,
and which might be subserva!ive OF the lib
critics of the people; whic,J might place
the State in such a conditic. as to jeapor-
die the public safety, and which might
lead to a conflict of arms. 1t seems to II
that if the gentlemen desire this bill
passed in order that the State may be al
ways ready to protect herself against
armed resistance to the law or against
foreign invasion, if this be their desire.
there certainly can be no objection TO this
additional section. 1t will be but indica-
tive OF the will Of the Legislature saying
to the Governor, you shall not take it upon
yourself to call out the militia, unless the
s ate of society absolutely demands it, and
we say there can be no such necessity I'M
less there be armed resistance to the law,
or if the country is threatened with inva-
sion. If this be not the case, or if the
Governor will not believe that law and
order can be maintained without il, it may
be that the whole people Of the State may
be made subject to the extraordinary cost
of this militia, called out hastily, perhaps,
and for no purpose except it may be
political one. We made no objection to
this bill whatever, but when you come to
put it into execution; let the law be SO
guarded by express provisions that the
executive officer of the State can not abuse
the powers granted, and use the militia
only to protect, and not to crush the peo-
pie by force Of arms. That is all we ask,
and it seems to me little enough. By
granting that you simply say to us: 1--WE
do not intend that the militia bill shall be
made political engine in the State We
do rot intend that it shall 90 hand in
hand with the constabulary and election
bills, to deprive the people of fair, free
Iol 11no