The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-01
LETTERS FROM THE PEOPLE.
rThe DEMOCRAT is responsible for none Of
The views expressed In the communications
under this head; but no communications will
be printed except from responsible partes.i
ONE MAN SHOULD HOLD BUT ONE
OFFICE.


OFFICE.
re the Editor OF the Democrat:
Your comments In Sundays paper, udues
the heading OF Delegates to the Conventioh'
contain many views which are my own put
some of them are inapposite to my posltiohs.
Az TO authority Of the commonwealth
have heretofore printed the following
awben then. the organized people-the
State ,eall n convention, ii In the sovereignty
that acta. II Ia uncomfortable above all con-
atitutIons. and ia no degree bound by them,
~ n n she mower that alike constitutes and
,,;ssoynea. makes and unmakes them. Massa-
chlsetts conclusively proves this ~ her con-
atitution, as heretofore quoted: The people
AZ this commonwealth have on ine0n-
festable, unaiienable right to institute govern
ments and to totally change the same
when their happiness and safety require"
No YOU SEQ agree with you as to the all
power OF sovereignty; and we both agree
with James Wilson and the fathers that "the
supreme, absolute and uncomfortable power
as IN me people before they make constitu-
ton. and remains II, them after tits made.
The sovereignty resides In the people,
BuT WHAT Is THE POWER or THE .CONeEN-
TI0N2
or course the act of the Legislature indi-
Gates the conventions status and Jurisdiction.
The Governors proclamation says the cleo
fiou Ia "of delegates TO q convention to FRAME
d ,,etn constitution for the State presume
the act says so. 70 frame" |. O., plan or de-
wise PROJECT then; II th h daty ana ne WORK ,
it the breath Of life, and 1t becomes living
soul The convention has advisory, but not
mandatory power. 1t can propose an organic
law, but not ordain 1t.
III has, however, no connection with the
State government, and Is independent of its
advice. influence or control. We agree Ina
this, Mr.. Editor, and j have heretofore
written y fully y y precisely The view of
convention, which you quote.
LABoRERs TN TWO FIELDS
the sovereign people just now have.
Nichols, Wiltz. Manning, Jumel, Lusher,
Hough and others are working In one set OF
duties. They are amply paid and under oath
to put In oil their time and do their duty
promptly and well. Now, suppose ambition
or lncre, or both. moves one Of them to take
o second Office or public employment and get
a second salary from the same SOW
ereign. The result Is that one man
holds two commissions. procurations or
evidences of authority from the same
master. Take tho case Of Judge Hough,
FOR Instance. Who appointed, employed and
commissioned him2 or course, 1t was the
collective people the State. Surely no less
authority than this can discharge him, or re-
NIT his duties. Il cannot be presumed that
the same sovereign, aftcr engaging him and
paying him $1,000 per year for mOmentous
and constant duties as judge, would put him
In another field, at the urgent and all-absorb.-
''neighbors" may want him to do many other
public duties, but they have as little right to
discharge him from the old as to elect him to
new office, unless authorized by law to do
so. only say this much now to keep the
point free from being misunderstood. 1t is
good, and will keep.
FINALLY, As TO A MANDANrUs.
Suppose, Mr.. Editor, you have an important
case In the court OF Tensas parish, involving
your 100000 plantation or Inheritance, or
are In prison for homicide; and you are
anxious, nay In agony for a court, and the
think q mGndanus or prOcedendO from the
appellate court would compel the Judge to do
his sworn and paid-for duty2 | do, and I'll
show you why, Independently Of my own
reasoning.
In Hennen 825, you will find the follow
Ing: 'The right to issue mdndamns to In
ferlor courts has always been asserted when |
ever necessary to appellate jurisdiction"
"The Supreme Court may by the writ COM
lnand Inferior courts to act where the delay
would produce injury and injustice"
Numerous similar quotations could be |
given, but I will conclude with one from
Walkers Digest p. 267: "a n,a,,damus is an
order issued In the name of the State, by /
tribunal Of competent Jurisdiction. and adj
dressed to an Individual, or corporation, or /
court 81 inferior jurisdiction, directing II to |
perform some certain act, belonging to the
place, duty or quality with which lis clothed"
Now recur to my language In the article
OF Sunday, and you will see that am cor
rect; "As 1t Is the only remedy seems to be |
a srfit of mdrdamus- which venture to sug |
gest-ia every appedlable case" Your article |
suits my views except In the respects men,
toned. /
Your contemporary, the Times, mistook my |
meaning. as you did, and said: "The
suggestion OF some correspondent to invite
the courts to interfere, by wrts OF mandamus,
to prevent particular delegates from taking
their seats, because they are officers under the
present constitution, Is preposterous."
Respectfully, d. Us.