The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-06-15

II
| by taking away from the Supreme Court, be.
| fore which the case was pending, the iurisdic
ton Of the case. To say that these we're d
jwe governments, we must forget too that
not By the true citizens d
Louisiana; that We find none Of the names
| OF the honored citizens appended to that in
strument, tor they at the time were pro
scribed and disfranchised. We must forget
the loud and continued protests of our people
must forget, too, the fourteenth OF Septem.
Der, 1874, that memorable day when the best
blood Of Louisiana was poured out IN resist
Ing the calling tyranny that oppressed them
that day will ever be cherished By every Lou,
isianian. For no spot within the limits Of
| our State Is held more sacred than where
| these martyrs to liberty fell. the. spot be
dewed with their blood and enriched BY their
ashes, and nowhere do the winds OIL Heaven
| sing 6Weeter requiem.
DELEGATE MCCONNELL ~&%
was the next speaker. His remarks were as
| follows: .~.54 -m.@"=-
Mr.. President and Gentlemen OF the oonven'
arise here to-day, sir, impressed, ! must
| confess, with something OF emotion In my
heart for the State love. I ask but one boon
Of the gentlemen Of this Convention in my
e a1 today or snosets Fly II utter Word n
here that my Judgment does not approve,
that do not believe from my heart it will
be because 1t Is unintentional. ] desire to
set myself right with the gentlemen who hear
brief remarks !shall submit In arguing
this question. ] believe there are gentlemen
upon this floor who are under the impression
that I have interests In speaking on this
owner or holder Of bonds Of the State Of
Louisiana, or that am an owner or holder
Of bonds Issued by the State OF Louisiana.
Mr.. President, never saw bond of the
State Of Louisiana, never owned bond oil
the State OF Louisiana, and represent on the
floor OF this Convention to-day no man who
owns bond Of the State Of Louisiana. pre-
sumo the error arises from the fact that am
the attorney Of O banking institution In this
city, and which has happened for the last
State. Mr.. President, there seems to be some
misrepresentation as to what this Convention
is aiming at
What would be the position OF the State II
ter. Suppose this Convention should adopt
this ordinance and adjourn, ist here any judi
cial process to reach the State?
Mr.. President, / don't stand here to infiu-
ence the Convention the weight Of q feather
by technicalities; but having practlced my
not be doing my duty unless l gave the hon-
est results OF that profession, and those who
know me best know that have not been idle
or laggard In that profession
on the question that you. may By afraid
to Be sued But I look forward with
apprehension to the day when the State may
be dragged before the judiciary upon the
waiver that she made by the acts OF 1874 and
OF 1875, by which she declared that judicial
process shall be given in aid Of the payment
of principal and interest OF these bonds. Now
the remedy for these people know not and
care not to know. Whatever may be the fate
q this resolution, Be It veal or be It wo, !
State and for its interest. In other words, I
shall endeavor to the best OF my ability to
follow In the laws adopted by the majority Of
the Convention.
provision In the constitution Of the United
States by which the Supreme Court Of the
United States has original jurisdiction in a
suit by State against State. Suppose you
should adjourn having passed this ordinance.
understand that The State Of Vermont has
Vermont should institute suit In the Supreme
Court OF the United States and present the
question whether the bonds issued by former
governments Of this State were contracts or
Convention impaired the obligations Of that
contract. Is there any lawyer that will give
his opinion on this floor that this State would
not be cast In q suit Of that kind?
/ have never heard a lawyer upon this floor
give contrary opinion upon that subject.
Mr.. President. suppose another thing. I'm
der the operations Of the majority report, 1t Is
proposed to pay 30 little, the result of which
Ii to distribute 81 600, 900 among the bondhold-
ers; because one-half OF the S4,000,00O is to be
side Of the ledger, and the remaining half Is
to be distributed among the bondholders.
Whether fraudulent Shylocks, or whether
they be honest bondholders suppose that they,
driven to extremities, should band together
for the purpose asserting their rights before
the Federal tribune?
1t Is not q matter OF great ingenuity to dis
cover that this might be done. Why, sir, this
State Of Louisiana has never been a favorite
with some Of our Northern brethren. / think
from my observation, that might think they
would do God service Ii they could punish
us little more than they have done. Sup
pose, for instance, that some Of these bond
legislatures and make arrangements for
one of those States to become the owner
Of these bonds and to bring suit upon
them. Or, suppose that they should go
log-rolling with Congress and get Congress
dlction Of the Federal court by which their writ
Of mandamus was issued against an executive
officer. And the State may find itself in the
same position as this city under the Morris
Ranger deesGn These are matters which
matters that hang in the future as possible.
don't say. that they will be- but they may be
the possible result Of the adoption by this
Convention Of the report Of the majority of
the committee and Its ordinance.
Mr.. President, in this connection, in regard
to the legal opinion on this question, / beg to
read short extract OF the opinion Of gen.
tleman, and the fidelity Of that gentleman
and great jurist to the State Of Louisiana
will not be questioned by any one here;
In fact, he is the only man con-
nected with the Confederate cause, / believe,
who 10 to-day fugitive from his country
that Is, Mr.. Benjamin. Many of you have
read that opinion, and shall simply read an
extract from it. It is upon the very question
OF these bonds.
!. The State OF Louisiana is without power
BY any future legislation to impair the security
Of the holders Of bonds issued under the fund
ing act of 1874
The constitution of the United States is gu.
preme In every State, and that constitution
provides, act No. J. sect. 10. that No State
shall pass any law impairing the obligation Of
contracts. The courts Of the United States
null and void any act of a State T.oofelat,1ra