The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-20
what our New Constitution should ne.
fWpbgtor Damorrpt


The fiat OF tho people has gone out that we
shall have a convention to frame a now con
stitutloD for Louisiana
II In now I'm order 10 discuss tho defects OF
tho present constitution. and what should be
embraced In tho new. We propose to criti-
oiso tho present constitution and suggest q
few remedies, beginning Mt article 1.
Article / should stand where IL Ia. IL Is
taken from tho declaration Of Independence
Of the United States, and should be perpetu-
ally before every lawmaker In tho Union.
Articles 2 and 3 are but repetitions Of the
thirteenth and fourteenth amendments Of tho
constitution OF the United States and arc un-
necessary, since their being IN the State con
stitution does not add whit to their force
aud efficacy
Articles 4 and 3 are good and should o.
Cupy place I'm every constitution.
Article needs amendment. We would sug-
gept that the fifth amendment Of the cousii-
tuition Of tho United States be substituted In
stead. and that II be put In the title judiciary
We object principally to the first clause.
which roads: prosecutions shall BIO by in
dictment or information" This embraces
every petty ofIense aud by strict constitution
might debar cities and towns from nllicting
unnecessary punishment In petty oiTenses
occurring In their courts every day.
The fifth amendment of the United States
constitution applies only to tho crimes
against the United States. and the States
would do well to adopt 1t In the criminal
courts.
.Article7 80. 10, II and 10 are good and
should stand.
Article - should DO left out since the
fourteenth amendment Of the United States
COM titu ion IA full on the subject.
Article II ~ useless but harmless.
This disposas Of title first.
We now como to tho second title the
Legislative department.
We think articles IS to 81 inclusive are as
they should be-. except article 90 which
should be changed to suit a now apportion-
ment
Article 25, requiring registration, should
be abolished, This matter should DO left TO
the discretion Of the Legislature.
This law. as heretofore carried out, has been
curse to the state. Every man IL regis
tered on his own oath and swears that he Ia
not DISTINGUISHED by article 30 OF the constltu-
ton. The oath is printed and seldom read to
the voters, and II 1t was, not one in n hundred
knows what article % contains. Under this
oath frcodmen convicted and under age regis
ter continually, and when they come to the
polls they cannot be challenged. The Repub-
lican party abused this article terribly. Let
us wipe IL out.
Article 26 needs amendment. 1t should
read thus: mo person shall DO entitled to
vote at any election held in this State except
In the parish and precinct Of his residence"
The r, it Of this tito IL well enough as IL is
We oppose biennial sessions; 1t has n sver
worked well In any State. Every year In
which there Is no regular ses sion a called SEES
sion would become necessary.
We have too much hasty legislation, as IL
Is. If the business Of two years were to be
done in sixty days, much laundering and
weak legislation would be the consequence
We come now 70 the third title, Executive
department articles AZ to II, both inclusive.
Article 40 should bo so amended M to re-
qure residence Of five years to be eligible to
the Office Of Governor or Lieutenant Gov
erDor.
Article so has already been repealed.
Article So should be SO amended AS to strike
out the words absence from the State" and
In lieu thereof substitute the words vacation
or his Office" And clause should be added
that any Governor absenting himself from
the State for more than fifteen days, except In
case OF an invasion of an enemy, shall be do
clared to have vacated his Office, and shall not
resume 1t on his return
This article has made Louisiana a laughing
stock for the world, and should be remedied.
Article Sc should be amended 50 as to give
the Governor salary Of $1,000 instead OF
Article 81 should be amended so as to read
thus: 'The Lieutenant Governor shall re-
ceive the same COMPENSATION that Senators
receive, and no more"
Art So Is an abomnation. The Governor
by this article can reprieve prisoner SEN
fenced to capital punishment, and set him
free until the Legislature meets.
The Governor should have power to pardon
criminals in minor oifenses, but in all great
crimes, he should only have the power to re-
prcvc. until the Legislature could act on 1t,
the party reprieved to be kept In close con-
tinement until the Legislature can act on the
case. Article 66 should be amended so as to
use the exact words OF the second paragraph
Of section 7, or the constitution OF the United
States only substituting the word Governor
for THAT of President
The rest of this title is well enough ex-
ccpt that we would reduce the salaries of the
Auditor and Treasurer; and their duties
shouli be clearly defined by the constitution,
and left to the Legislature as at present;
and the Treasurer should be OF equal dignity
with the Auditor, and not be made mere
tool of the Auditors office, as at present
The Auditor should be hedged 10 by stringent
constitutional enactment and not made, as
heretofore. the peer of the Governor himself.