New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-10-29
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Ar. Hunssckor: You CON fcod them in the
journal. -s7-le1G III I .--..s,.fe.
. Mn Todd. said hs did not want to put the
State to that expense, Taking tie peti-
ton il bic hand / In. the &fff pace. here
n .n y; 5s2!?a, man Tho Goes not own
= schuIsr. That s oSs, 4 So n' t n~Me
anything about. want 70 ,see IL there is
. man that il IN actual bona fide resident
him, same a. was done fof Sodorn and a..
motrAh. II there Il one righte6u6 man pro
| pose to take care Of him. John +. Cakey-
| am satisfied he don't 1--we there 1t an, and
| James r. Casey writes better hand than
thst. Will tell you another objection I
have: There are not lenouahr George
Washingtons and other fauilfar names
among my constituents sigaed to this petit
ton. 4 move that the petition we laid on
the table subject to call. Carried
-5~- CIVIL RIGHTS OR SOCIAL EQUALITY.
- On House bill No. ~. to LLriesenlate the
mode OF trying cases under article fhir-
NJ: Blscfbern ssid: This 3 ! Question en;@
which seems to have agitated the tegisla-
ture for the last few years dou't regard
these laws as such lbugaboos ~ great
many Of my people Of. this State seem dis
Mr.. Lewis: What subject il this
Mr.. -Blsckman: Social equality. But this
bill 10 in direct violation Of the Constitution
ct the State. One section Of the bill says
the party shall not have the right Of trial
/ by jury. The constitution saye he shall,
and to deprive him If this right il . viola
ton OF al the lava knoWn, ID the State of
Louisiana The paseage Of such measure
Pc this would be an unheard Of outrage. 1t
could not stand q moment in court Of JUS
fiNo h~nNa n,an~ ~S<s~n, Sv>- >lSn l>~II>.
the right to trial by jury. and to cay that
the judge shall assess damages without the
Intervention Of . jury u in cOnttavention of
all the rights of . citisen.. / state again
that this law pust b imperative because
this question Of enforcing rights Of citizens
under article thirteen Of She Constitution of
Louisiana ean never be, carried into effect
by legislative enactment. Article thirtsen
provides that all citizens of tho State shall
be placed on an equal footing. An citizens
have the right to 20 into the courts an6A4o
sue fOrn damages for tho violation Of any
rights granted them by this instrument,
Hence this present bill Is wholly unneces-
sary because the right commended for is con-
tanned in the bill of rights, and the c0asti-
tuition Of the State needs NO law TO enforce
its provisions. -- ~"
d The President: ask that the bill be read.
If there il any social equality incorporated
in that measure and it comes to tie vote I
shall vote against it. ..--.
The Secretary read the bill as follows:
SECTION l. be it enacted, etc., That all
cases brought for the purpese Of vindicst-
ing, asserting or maintaining the rights,
privileges and imsaunities guaranteed to ali
persons under the provisions Of the article
thirteen OF the constitution of Louisiana, or
under the provisions of any acts of the
Legislature to enforce the said article thif-
teen, and to regulate the licenses therein
mentioned, or for the purpose of recovering
damages for the violation Of said rights,
privileges and immunities, shall b tried BY
the court or by q jury. if any party to the
suit prays for a trial By jury. 800
SEC. =. Be it further enacted, etc., That
If the jury do not agree, or fails to render a
verdict either for the plaintiff OF defendant,
the jury shall be discharged and the case
shall be Immediately submitted to the Judge
upon the pleadings and evidence already On
file as if the case had been originally tried
without the Intervention 0f the jury, and it
shall be the duty of the Judge to decide the
case at once, without any further proceed
ings, Arguments, countenahce or delay;
each party having the right to appeal to
appeal is allowed by law
= SEC. 8. Be it further enacted, etc., That
his act shall take effect from and after its
passage. l;iT .gF.f - -
Mr.. Blackman resumed: The same fea-
ture, though not in the same language, was
IN the bill passed in the session Of 1870 and
vetoed by the Governor. I say again, it il
cause the constitution of the State declares
that all persons in the State
IRE on an equal footing, and if deprived Of
my right given in tho bill of rights, the
courts Of the State are open to them and
hey can sue for damages. This Law is not
'nly unnecessary, but it will be fruitful of
|. great deal Of injury and . great deal Of
litter feeling in the State. That can be
avoided BY the non-passage of this act. It
The class intended to be benefited by this
MEASURE will be injured by it, and viii
tate now, that if they had not attempted to
nfcrce these privilege by class legislati0n,
he respectable portion Of their people
would long since have been in the posses
ion Of the privileges they now seek to OBJ
ain by legislation. So long as it is . ques-
ion Of force, SO long as it is attempted BY
legislative coercion to overcome the Preju-
ice Of years, 80 much longer will the
ranting Of the privile ges asked be resisted,
nd SO much longer will they be deprived
f them, can not vote for this bill. be-
ause it is unconstitutional. can not vote
Or it because it is an unjust discrimination.
can not vote for it because l see in it the
,eans of raising disturbances in the State of
Ouisiana. lean not vote for it because, even
could 60 so far as to wish this class to
1joy these privileges, would not vote for
his bill because I believe it is the very
,eans to prevent them. state again,
lere legislation will not beuefit them. Men
rust como into places Of amusement upon
,eir own good character, upon their own
BOD standing, and not upon law. All the
Iws they can heap on the statute books
ON now till dOOmsday will not bring
bout the state of things contemplated by
lis measure. Therefore, must place my
ote upon the record in opposition to it's
aesage. r-s ar...ll.--
Mr.. Hunsaker: Whatever course other
anators may take, don't want it stated
7Oided or did not dare to give my opinion
4 the passage Of this bill. desire to 60
1 the record in the affirmative on this
nestion. 1t is y patent fact that the Laws
listing on this subject are insufficient to
try out the provisions of the constitution.
for one, intend to keep hammeringat this
ling until we do pass law which VIII
lrry out the provisions Of the constitution,
I'd let the responsibility rest where 1t falls.
the constitution is wrong, gentlemen
lould 20 to work to repeal the constitution;
1t, standing committed on the party ques-
On that We will carry out this thing, ], for
le, will not avoid the question. What are
e facts! In the first place, this bill aim-
Y provides mode Ut practice. It does
It infringe upon the constitutional 1iehta
litigants, as asserted by the gentleman
ON Claiborne (Mr. Blackman). 1t simply
escribes y mode OF practice. Suit after
it has been instituted in the courts of this
ate-and ann perfectly familiar with one
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