The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-11

IN In snita RI many obstacles, and which u -
exceedingly important should be eompleted.
| AS matters stand, though the STATE gum
nothing in money from her conv1cts, she Y at1
no expense for their support, and unless sno
system of employing the convict labor On ny
Ievees be adopted, think that the present.
arrangement should continue. ] am Hos
aware of desire on the part OF any one "
lease the Penitentiary should the present.
lease be set aside.
The report Of the Adjutant General will, as
soon as completed by the printer, be submit
ted to you.
I recommend complete reorganization OF
the militia of the State. and in addition to
their general enrolment and organization
that the Governor should be authorized to
organize small militia force In each parish,
which could be ready for service at mo-
ment's notice. think that the discretionary
power OF organization and alteration OF or.
ganization given to the Governor by existing
law should be continued.
| By section of act No Al OF the extra ses-
sion of 1877, an appropriation was made Of
$40, 900, to be used by the Governor for the
benefit of the militia. A balance OF about
t1s. 900 remains to the credit Of that appTopri-
alton.
A considerable portion of the sum expended
was used in paying the guard at the court
house building rendered necessary by the
troubles of last year. The balance Of the
sum spent has been applied in purchasing
arms and In paying necessary contingent ex-
penses of the militia.
| have been pressed to disburse the whole
amount for the same object, but, considering
the peculiar circumstances under which the
appropriation was made, / did not think my
self justified in so doing, having gone In the
| use of that fund as far as could, conscien-s
tiously.
You will have before you, In the present
altered condition Of the State, an opportunity
of furnishing means for militia purposes, to.
the extent your may deem necessary.
| No one more than myself is DESTROYS to en-
courage martial spirit In the State, and no
one has juster reasons to appreciate, recog-
nize and publicly acknowledge how strongly,
deeply and periodically that feeling exists
among the good people Of this city and State.
| During the troubles through which LOUISE
ana has now happily passed, her SONS coolly,
quietly, but steadily and firmly stood ready
| to assert and maintain even to the death the
supremacy OF her legally constituted authors
ties their patriotic devotion to duty, gallan-
try and patient endurance were all called into
reauisition at that critical period, and were
specially exhibited upon several conspicuous
| occasions under your own eyes. They de-
serve and have the warmest gratitude OF
their fellow citizens.
| CRIMINAL LAW.
NV attention has been directed through the
operation of section 1905 Of the Revised Stat
utes, to either the carelessDesS or ignorance Of
some of the clerks of courts in the State In the
discharge of their duties in criminal matters.
I have been forced in several instances to de-
lay the execution of the death penalty in cons
sequence of having to return for correction
| the transcripts forwarded to me; and In enc
parish it will require a term Of court before /
these corrections can be made.
| I suggest law, making it expressly and
specially the duty of the district judges to-
give personal supervision from day to day
over the minutes of their courts in criminal
matters, and imposing on them the duty Of i
seeing that the entries in the minutes make =
mention, conformably to the truth, Of every
| fact essential under the criminal law. / call
your attention to the subject OF appeals in
|
criminal cases.
The jais in the country parishes are gem
orally insecure and opportunities for escape
are afforded to accused parties through the
long delay of regular return day.
Besides this danger of escape the parishes
are burdened with very heavy expenses In
supporting the prisoners during the long PEI
Rod between conviction and execution OF sem
tence. Articles "a and 1909 of the Revised
Statutes should be amended 80 as to make it
the duty of the Judge, whenever an appeal is
asked for in q criminal case, to himself fix q
special return day, and to designate the place
of return, due regard being had to reasonably
time In other words, think that what
now right Of the accused under these Sec
| lions should be made right OF the State.
| There prevails very generally the belief
| that it is discretionary with committing
magistrates to allow, or not the waiver OF q
preliminary examination in criminal matters
| on the person charged with crime furnishing
bond. This waiver should be prohibited. 1t
does away with the perpetuation OF important
testimony and witnesses are frequently not
to be found when most needed. Whilst on
this subject, / would say that the object OF
section 1905 is not declared; 1t was scarcely
| intended, think, to cast upon the Executive
the duty of passing upon the legality OF all
the steps in a criminal trial, and thus
| impose duties, judicial in their charac~
ter, upon him. If SO, the extent and
limit of this duty Is not defined, and the
Governor is placed is most embarrassing
position. I suggest that section 1905 OF the
Revised Statutes be amended, SO that only
specified portions of the record be sent to the
Governor, as, for instance, the bill OF 1ndlct-
ment, arraignment, plea, verdict and sen
tence, as evidence to authorize the issuance OF
the death warrant.
| think 1t a proper time, whilst on this subj
iect of criminal law, to allude to the posihoIiI