A special civil court, the Eighth District Court, created at the special session, proved of transcendent importance, when supported by the criminal court,—created several sessions earlier. The two had jurisdiction over all public matters, while the power of appointing the judges was vested in the governor, thus circumventing the constitution. All cases of a public character, contests for office, writs of quo warranto, injunctions, mandamus had to be submitted to the former court, to which all cases then pending before other district courts must immediately be transferred.[213]
Numerous petitions to the legislature of 1870 showed that the idea of improvements had now seized upon a large number of the constituents as well as legislators.[214] Not only did members now propose to raise the State to economic glory through the ordinary avenue of new railroads and navigable bayous, but in their enthusiasm they were willing to legislate parks[215] and factories into existence and to develop the mineral resources of the State by the same agency. Bayou Bartholomew was now to be improved; the New Orleans and Chattanooga Railroad boosted by State bonds[216]; and a large sum of stock subscribed in the Mississippi Valley Navigation Company.[217]
A number of amendments to the constitution were offered this session,[218] but only four mustered sufficient strength to pass both houses. The most noted were the one which removed the governor’s ineligibility for a second term[219] and the amendment to Article 99, which removed the last restriction on the ex-rebels. It had been offered in the Assembly, both in 1868 and 1869, and the governor had urged it in his annual message in the latter year.[220] It stands out in pleasing relief to most of the partisan legislation of that period, inasmuch as it was introduced, we are told in debate, by one of the most bitter opponents of the Democrats,[221] aroused very little debate, and passed almost unanimously in both houses at a single sitting.[222] Several speeches, all in favor, were made by negroes to give, as one of them innocently said, “a little coloring to the matter.”[223]
A third amendment was intended to secure the safety of the public funds,[224] and the fourth was a most important restriction on the public debt, namely, that prior to January 1, 1890, it could not be increased beyond $25,000,000.[225]
But certain bills were of such transcendent importance that they all but effaced the consciousness of other legislation, at least in the mind of the public. These were the four great bills, the election, registration, constabulary, and militia bills, which, together with the constitutional amendment which removed ineligibility for a second gubernatorial term, made it possible for Governor Warmoth to determine the personnel of all offices practically at will, and, but for the stumbling-block of the nominating convention, to continue himself indefinitely at the head of affairs.
Whatever may have been the distrust of the governor in the State at large—and complaints were not wanting from the first in Democratic circles—confidence in their young leader was unshaken in the men who constituted this Assembly. Even when opposing individual bills, members were careful to express confidence in Warmoth[226] in some such terms as follows: “Not that I have anything against the governor himself, but I think it improper to give such extraordinary power to any man, were he an apostle.”[227]
These measures were introduced together, as has been stated, on the third day, and action on them extended during the entire period up to the very close of the extra session. The greatest effort of the opposition was expended on the election bill. This was not a new conception of 1870, for a strenuous effort to press through such a bill under cover of the excitement of the closing days of the session of 1869 had failed. The note of alarm was sounded almost as soon as this bill was reported to the Senate by the Judiciary Committee.[228] “Now, sir, here is a bill giving the governor more than imperial power—behind it is concealed an armed Grecian horse, with which he may ride over the rights of the people....”[229] Debate raged every day from January 18 to 24. The party aspect of the bill was so evident that it was assailed at once as a device to perpetuate the Republican party in power.
“I believe,” declared one member, “the only persons belonging to this State who desire this enactment are those in office, and who are afraid that unless such a bill as this is passed, they will not retain the positions they now occupy, and this fear, Mr. President, is not based on any fraud or violence that might occur at the next election in which they might become candidates, but in the simple fact that a revolution has taken place in public opinion.”[230] Even a Republican felt obliged to break from his party because of its objectionable features.[231]
Feeling reached a perfect climax of frenzy and sank to depths of despondency for which it was difficult to find language sufficiently vehement.
“Therefore, I hope you will believe me when I tell you that this is the snake in the grass—the form that the devil himself assumed when he seduced our mother Eve. I tell you that this is a devil, covered and concealed perhaps, under perfumed flowers, but nevertheless, the devil—his tail and horn comes out, and not only his tail, but his horns and hoof. I tell you that this bill is a devil of a bill—the concocters are devilish fellows, and the only way we can destroy their sulphuric power is to give them hell.”[232] Another outburst was clothed in more funereal garb: