New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-18
The STATE C0NsTABULARY AND THE
CITY POLICE


The Picay4ne attributes the disorders in
West Feliciana to the weakness of the
State constabulary. Bunko and other
swindling games, which are daily prac-
ticed in the city, are in like manner at
tributed to an inefficient police force
Perhaps the Picayune will not object if
we add that the murders in Coushatta,
the mobs in st. Martin, and the killing
of Ducote and others in Avoyelles, be-
sides the almost universal existence of
disorder in every parish in the State. arise
from the same reasons which make the
troubles in Feliciana and bunko in New
Orleans possible. There is no doubt
whatever that riot, murder, robbery,
swindling aud tumult are superior to the
law in nearly every parish. But the fault
is not with the constabulary in the coun-
try nor with the police in the city. 1t is
with the people. A virtuous people will
always be served by virtuous officers,
whether their rank be high or low. What
ever politicians may say about it, public
officers nearly slways faithfully reflect
p ublic sentiment. They are the fruit
that grows on the popular tree. and
naturally partake of the characteristics
of the stock.
It should be remembered that the con-
stabulary and the police can only arrest
offenders. They can not punish them.
The sheriff may arrest; the district at
torney prosecute, and even succeed in
obtaining indictments before the grand
jury. The judge may be an upright officer,
and 60 as far as the law will permit in
intimating to the jury that the accused is
guilty, and all without avail For the
people still sit upon the petty juries, and
shape their verdicts to suit their instincts,
passions, interests or prejudices. Ii
would be next to impossible in West
Feliciana, Avoyelles, St. Martin, Red
River or Caddo parish to impanel jury
of twelve men of whom at least one-half
had not fallen out with the law in some
manner, or fallen into unpopularity with
their neighbors for refusing at some time
or another to join in the commission of an
illegal act. Does the Picaylne suppose the
murderer of George King and the assail-
ant of Twitchell could be convicted by
Coushatta jury, no matter how strong
might be the proof? Does our neighbor
believe the arrest Of the regulators in
West Feliciana would be popular act
Will the editor pledge himself to applaud
the arrest Of these men, whether it be
done by the constabulary, the military or
the Metropolitan Police? We pledge the
REPUBLICAN to assist, so far as it may be in
its power, the bringing to justice of every
offender, without regard to color, politics
or religion. For we hold the public peace
and the safety of life and property to be far
above all abstract notions of politics or
theology.
Take the case of bunko, which the city
papers declare with knowing air not
only exists, but thrives in this city. They
look to the police to suppress it, which it
is no doubt their duty to do. But the
police have not been clothed by law with
judicial powers. They can only act on
information received, or in cases where
offenses are committed in their presence.
Let our contemporaries furnish the neces-
sary information, and we assure them the
police will do their duty. A paper that
declares so oracularly that certain de-
scription of offense exists here, ought to
be able to furnish some proof of it, or
say where such proof can be found Every
citizen owes to the State the duty of CIV
ing testimony in case breach of the
laws comes to his knowledge. 1t is a
principle of law that he who conceals a
crime or shields or harbors a criminal is
himself an accessory. If the Picayune,
therefore, knows that bunko is carried on
in this city, and fails to impart this knowl-
edge to the proper officers, it be-
comes an acces7ory to the unlaw-
full game, and it would be guilty
of q grave neglect of duty were it not
authorized by precedent to feel morally
certain that it would be next to impos-
sible to convict any dealer who has few
dollars before an average New Orleans
jury. If formal complaint were made,
the police would promptly make the ar
rest. Judge Evans, or any other police
Justice, would send the accused before the
proper criminal court. Mr.. McPhelin or
Judge Braughn, in the absence of the
Attorney General, would conduct the case
with fidelity and ability; the presiding
Judge would sum up the evidence and
charge the jury with as much zeal as
Judge Woods has shown in the Grant
parish cases and the whisky trials, and
then the prisoners would be either dis
charged outright, or let out on bail in con-
sequence of disagreement of the jury.
We all remember the heroic efforts made
by Colonel Field to convict Wickliffe in
1869, and another State official last year
In the first case the accused received a
clear verdict of acquittal, and in the other
he obtained mistrial, on account of one
Juror refusing to concur with the other
eleven in q verdict of guilty.
It must be remembered that our laws
do not authorize the Governor, the con-