New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-07
DEBATES OF THE SENATE.
FRIDAY, January 6. J

Mr. Blackman having offered resolution
ins.ructing the Senators and Representa-
lives of this State. in Congress, to advocate
the passage of any bill that will relieve the
citizens OF this State of political dis
abilities
Mr. Ray said that he did not object to the
object of the bill, but that he would like to
have the phraseology changed. He. there.
fore, moved that the bill be printed and
put on the tables of the Senators tomorrow
morning.
Mr. Blackman said: SO far as the re-
marks OF the Senator in regard to any re-
Election on the general government are con-
eerned I do not wish to discuss that ques-
ton, bnt would simply say that it strikes
me that the time has come III the progress
of events, when it becomes our duty as
American citizens to ask the general gov
ernment that has now the power. to relieve
all our citizens of all thosepOitiCal disa bili'
ties that have been hanging like an incubus
over them and which have brought about
a spirit of turbulence, if indeed, there could
be q spirit of turbulence existing In the
land. Every citizen in the country, by the
constitution, ha, certain prcrogatives:
Among those prerogatives. and high ana
valuable one, is the right OF voting and OF
holding office.
Mr.. RAY remarked that he merely wanted
to alter the phraseOlOgy Of the bill
Mr.. RIackman remarked that there was
yery little time left between now and the
adjournment of Congress to forward tins
bill. and it was necessary that the Senate
should inform Senators and Representatives.
from this State at once what the people
wanted.
The bill was ordered to be printed in the
journal.
Mr., Raw havin. moved for suspension
of the rules 70 put the House bill changing
the venue in the case of Messrs. Oliver and
Fisher from the parish of Ascension to the
parish Of st. james
Mr.. BIackman said Before you put the
motion, must strongly object to this class
of legislation. Whenever the Legislature
Of this State has to 90 so far as to pass a
bill making a change Of venue in criminal
cases. then it is unnecessary tor us to
have any general laws of the State
governing criminal proceedings The
law, as it stands now, Is gem
eral one. 1t is not made for particular
individual or a particular case; but 1t Ia
made for the purpose OF preserving peace
and order and for the purpose OF pun sflng
crimes and offenscs whenever they may
be committed. 1t is not made for the pur-
pose of subscribing the ends of any particu.
lar party, or for the purpose OF Furnishing
the members of any political party. 1t
disadvantage Of all: and so long AS we
have a general law which fully and com
pletely controls this matter, and which
gives universal satisfaction to all parties, 1t
seems to me that it is abusing the power OF
the Legislature to subserve party or private
purposes at the expense OF the pubic good'
by passing such a special law as TINS.
Now the law says that in all
cases where crimes and offenses have been
committed. and when the criminal has been
arraigncd, it is found there is such a state
OF feeling or such excitement existing IN
that parish or'district or that the .peopleare
actuated by vindictiveness or animosltF,s so
that the criminal cannot obtain justice. that
q change Of venue must be made. ~ re-
tcrriny to the Revised Statutes it will he
found that whenever the party can
make proper shown. before tho
District Court before which he is
alraigned for any crime or mis-
demcanor, and can make II appear
that be can not obtain justice in the parish
in which he is to be tried simply because
there is such feeling Of prejudice. or an
imosity against him. the duty Of the Dis
triet Judge is clearly and fully laid down.
ask is this not sufficient Are we Sen,
ators to be perpctually in individual
Instances, making changes OF venue
when the law in its wisdom has provided
the meztns by which a party can obtain JUS
tice There is not lawyer Oh the hoor tnat
does not know that from time lmmemorlai
there have been changes made IN the venue
of'cascs. 1t has been the general pracuce
of lawyers in that district which the sena-
tor represents All that is necessary, and
every lawyer knows it, is to make proper
affidavit. and the judge is bound by the law
to allow n change of venue. Is this MOI
sufficient! Can we ask for Anything else!
1t strikes me, Mr.. President, that the pass
are Of this bill would be reflection on
the District Judge. 1t strikes me 1t
would be placing upon him the seal
of infamy. for it would be publishing to the
State at large that these parties can not OBJ
tain Justice because the District Judg will
not adhere to the spirit of the law. oppose
il for these reasons. and they are good ones.
and oppose it, furthermore, on another
ground.
| understand that the offcnse that has
been committed was in the parish of Asccn-
sion, and that the purpose is to change the
Venue to St. james. In making that
change we defeat the ends of justice
\ Mr.. Todd here rose to the pcint of order
), that, According to article thirty OF the con
n, stilution. the Senate was compelled to make
re-, an apportionment before Ii could proceed to
If lany business.
Ic And, Chair refused to decide the question,
he ve;,rs.ring to submit it to the Senate tor It's
S1a.. On. =.
tarest c,Hunsakcr said: desire to explain
rom Statodition OF this case. believe that
d, ii, l,v tlSay in the passage of this bill will
nix State ize the lives OF American citizens
80. ;.sue w.. would not come into this Senate
ma tLeretthe passage of this bill at this time
3,,aJ hv believed that the lives and Liberty
men depended upon its passage