The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-06-14

then, In agony, may thou turn from these
earthly sorrows, darkened by shame, to the
last hope OF despair, and with q broken heart
exclatm: God have mercy ON me; for even
my children have turned against mer'
MI. President, / cannot, will not believe,
that this fatal matricidal blow will be infiict-
cd by this Convention upon Louisiana.
DELEGATE FAvRoT
secured the floor upon the conclusion Of Dele
gate Breaux's remarks. and addressed the
Convention. He said
Mr.. President and Gentlemen of the ConDen-
hOn-If l signed the majority report it was
because wanted the State to have the benefit
OF the doubt; ii any existed upon the subjects
discussed in that report 1t was because ]
wished to throw before the Convention the
responsibility, to throw upon the members or
delegates upon this floor the responsibility
OF acting upon the subjects OF grave
responsibility that presented themselves.
have been asked by great many Of my
friends, who know my conservative princi-
pies, how it was that | signed the majority
report. have no excuse to offer except the
one that have already alleged, to wit: That
may have to my State, and present the whole
question for consideration and final action to
this Convention. Sir, / among the rest,
suppose, must be accused OF Reputation.
Sir, Ii there is anything In the world that
stinks in my nostrils; If there is anything in
the world that / repudiate from principle;
II there is anything in the world that !
will contend against and use the best
Of my skill and energy to prevent,
it is that my State shall ever repudiate its
debt. Reputation, sir, Is against every prln-
ciple OF mine-every principle that has been
inculcated In me from chidhOod--and would
repudiate my mother and my father, would
repudiate my State, If could for one moment
entertain the idea OF reputation Of q Just debt.
1t has been said, Mr.. President. that this is
entirely judicial question, and that the Con
ventlon now assembled Is not now called upon
to pass upon the question, but to ascertain
the extent Of the debt admit the PROPOSE
ton. But deny that it applies IN toto, to
t heee H. R Pesda haze n6 bsen oS eAf g
form constitution for this State In place OF
the one under which we have lived since
1868; but contend that we have been called
here as much as possible to develop the re-
sources Of the State, to DO something Tor our
people, to raise them II possible from the
condition of poverty and suffering In which
they have lived for the last ten years, and
come to their relief In this their hour Of adj
versity. II, Mr.. President, there have been
any debts contracted that are illegal, IL there
have been any debts contracted that are I'M
constitutional, Ii there have been any debts
contracted that should not have been con-
tracted by the officers OF the government, and
If the faith Of the State has not been pledged
under the requirements OF the constitution,
do not consider that it is reputation not to
pay those debts. Applause.
Sir, my idea Of this Convention is this: that
you can do nothing unless your action is sub
mtted to the people for ratification. II we
repudiate, and they think SO, hope to God
that they will never accept the constitution
| that we will submit to them. Ii, on the other
hand we discard any debt that we think we
ought not to pay, II is still Tor them
| in their sovereign capacity to say whether we
nre right or wrong. And ! am perfectly will
| ing to abide by their decision. Applause.l
| Sir, we do not exercise sovereign power in
discussing this question. We discuss It here
for the benefit OF the sovereign. That discuss
| sion is submitted to the sovereign in the way
OF any ordinance that We may pass, and It is
only when the sovereign has passed upon 1T
that it becomes the will Of the people after
the constitution has been ratified.
There Is another consideration, Mr.. Presi-
dent-and debated the question a long time
before signed that repurt--Which prevailed
upon me to sign it. [ will state it,. II l had
thought that the decision OF the Convention
would have been final, and that the bond
the right Of exercising their. recourse against
the State--if had thought that We would
have placed them In a position where, under
that article Of the constitution. they never
could have sued or asserted their rights
against the State, | pledge you my word, my
signature never would have been upon that
report. But, sir, signed that report because
I think that even though the people should
should be obliterated, that no creditor would
be deprived OF his right Of suing in order to
recover his right.
That position, If had had any doubt upon
the subject before. has been made perfectly
clear to me by the gentleman from New Or
leans, who first addressed this Convention.
III 1t be true that the very moment the State
contracts a debt she lays down her soVer-
eighty and puts herself upon the level Of an
Individual; II 1t be true that the amendments
70 ma constitution
sense as interpreted; / say that the State
stands III no better position before the courts OF
the country than any private citizen or bond
and i any PEv ash atz IL q s9n
has the right to enforce those rights before
the courts Of the country; and, sir, he Is pro-
tected in these rights. sThe judicial power
OF the United States shall not be construed to
commenced against one OF the United States
BY citizens of another State, Or by citizens or
subjects Of any foreign State" That, sir, is
an article OF the constitution OF the United
States But a decision has been reached, an
Interpretation has been given to those agree
ments by which States have put themselves
upon level with citizens, as far as contracts
are concerned. And | say, notwithstanding
this article Of the constitution, if the
Interpretation Of thee amendments
the sense that the gentleman from Orleans
asserts-and believe it il correct-if the de-
cisionS OF the Supreme Court are TO DE 80 In
terpreted that when the State contracts a
debt she places herself upon the level OF an
Individual and can be sued before the courts
of the country, then | cannot, for the life OF
me, see what wrong do by RELOCATING the
creditors to the courts Of the country in
order that he may assert his rights tie GER
tainiy loses nothing.
But, sir, think that the act Of 1S74-act No.
5 Of 1S74-is unconstitutional and will tell
YOU the reason why | think so.
The government Of this State, as well as
the government Of the United States, and as
we'll as that Of any other State in the Union,
is divided into three coordinate branches, the
legislative, the executive and the judicial
We, sir since this Convention has been in
session, have passed an article Of the consti-
tuition to the effect that they shall remain
separate and distinct And, sir, il it be true
that they shall remain perfectly separate
and distinct, l doubt that the Legisla-
ture can confer upon any other depart
ment judicial and executive power. Hence
l say, Mr.. President, that when the
act Of 1874 created funding board, the y
could not, under the organization and distri-