The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-30
RESPECTFUL SUGGESTIONS 70 THE
CONVENTION.


OnF Man should Hold Hut One u flee.
| To the Editor of the Democrat:
| beg leave to begin with tho above head
Ing, because of the facts
| I. That several persons have inoonsistently
become elected TO tho convention, who were
| already In Office charged with and paid for
duties which must be- neglected or put off.
2, That the convention Is naturally and ao-
| cordng TO usage II not law the Judge Of the
election and qualifications Its members: and
| 3. That tho important principle in
volved will arise In many probable discus
sions. and II should be understood.
Therefore submit thatsuch persons should
be rejected az delegates, and remanded TO
| their duties. and provision something like
the following put In tho new constitution.
viz. No person shall hold or erGcise al ne
same time. more than ono office Of trust or profit,
nor shall my person be eligible ID anv other
such office, State on Federal, during The term
for Which he shall be elected or appointed
Tho whole theory Of our government Is
societys control of. and restraint on, the in
dividual people They are governed by the
collective people, I. e., by society or the com
monwealth, and when n man IL put I'm Office.
his labor, for the term of II, belongs TO society,
and his Killing Of any other official position.
or public employment, that prevents, or may
ness TO perform, his official duty. u neCessa-
rily inconsistent, II not unpriuclpled, espe-
clally the taking OF n second compensation
for tho same term of service.
Note that IL IL the body Of tho people, that
is to say society, that elects. employs and
pays the officer; and that he 10 necessarily
under control and engagement FOR term, 70
master and employer, and hence is out OF
the liHt of possible legal candidates. lie can
not plead that his friends and neighbors be-
sought und forced him to run, unless he show
that they have some legal or judicial author
ity TO discharge him from the engagement,
which his own consent haB made binding. for
tho term Of his Office. The State governs, not
they. How, then, can their wish Dust the
State's will, expressed I'm his commission.
This was signed aud put In force by the Gov
ernor as tho agent Of the sovereignty. Many
Of our best minds orr on this subject, |
because thoy do not keep II In mind that It IL |
tho people ms body and not as persons.
that are tho governing power, while the In
dividual citizens have no governing authority |
whatever. Even as voters they perform o
delcgative function, and vote while II ex-
presses u personal wish, IN decision, II you
piaase,) h d mere instrument or counter, the
ilse of which IN to enable the sovereignty
a. g., tho collective people, To mako up the
governing will. The voter gets his franchise
or privilege from the organic law: he votes
IL counted with MI others IN given district,
(which may be the State or any subdivision
Of IT, in order TO make up the Judgment and
will Of this governing mind.
Hence IL may be stated as a vital and essen
tial principle of our polity. that all oHcidis
ere The sa'pitors Of the people as q body. and
II IL absurd and unprncpled for any fraction
pf the individuals OF the body to thwart It's
will or seduce away its servants. Nor Ia IL |
sensible for the governing mind, while public
patriots SO abound, TO employ and pay a man
$4,000 To act as Judge. and at the same time
employ and pay him In another Office that
prevents his doing the work Of the first.
ILLUSTRATIONS.
The Importance OF the principle II striking
y illustrated by the fact that tho whole judi
,ial authority and machinery Of Tensas par
sh, namely: Wade II. Hough, district Judge;
Hiram II. Steele district attorney, and james
!. Matthew'S, the cl rk or the district court,
ire elected TO work In the convention two,
eur or six months, M the case may be- In the
parish of Orleans ut the very time The Ian of
heir sovereign, which they are sworn to ef-
ectuate, requires them To hold the district
,ourt In Tensas parish.
If their new work were abroad Gov. Nichols
,ould refuse them leave of absence. As IL Is,
he only remedy seems To be u writ Of man
lamus which venture to suggest In every
,ppealabla case Tho Judge Of Jefferson. st
Bernard and Plaquemines Is In precisely the
jame category. ! am willing TO believe their
alse position results from want Of reflection
md q desire to effect public good. But IL Is
ime to make examples n time TO recur to
irst principles time when reform Is indis-
,pnAnblp III. j, y,