Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1842-06-18

nave come ~ II WHY HiittFCiitS HHtiHot""
Lft nc give Justice my views and expiana-
tons, and thc public can then determine as TO
the truth Of my ehatgf.
Hut. before | ofet my prliefs, ! must call
me attention Of "iust,rt" TO my frat note;
they cannot find Inc word " maIpraelice' e.
sher there or IN my last Letter. The words
1and hre, himpropcr aets." In thc Senate J
never made an attack on his moral character,
but urged the very rPa on aaalpned by The
p9n. NJ. q. Penn, mud mentioned by tic late
Hon, T. r.. Johnson to Df. Waller. Al the
same time | also stated, tltat from The u4pfe-
crdrpted length Of time he had bfen IN once,
and from his habit of shaving the people ten
ref cent. fer The delay he granted, when the
iaxes were na, promptly paid by them, 4 HAD
given him an undue influence, which no Hidi~
yidnal should have, when acquired N This
ways and further, that THIS undue influence
was Improperly used. IN ehdeavnrlbs To con-
troll the elections. The Hon. NJ. q. Penn cor-
roborates my denial, FIR he says, he yele''
against Mr.. b. not, bageyef, on The grounds
If any proof Of inalrtlctfee IN Office being
made for, As ! have stated above, THIS charge
was never made. II il veil knnwn, That idi-
medjaicly after Mr.. n. was rejected, ] made 4
motion tu remove the injunction of secrssY, to
enable MIR. Is. and his friends 10 ascertain all
1tIIi fdtl + wv TIA = ~ - ''
fyte ti,at the senators, stamped my opposition
to Mr.. u. with contempt because hc was re-
jccted, aud also two others during The same
session. The circumstance Of their fejeetions
were strong proof Of lhf confidence the ft'natc'
reposed IN fnr. Now, ! nsk, what has THIS TO
do with The charge | tuadt Ut has no heafs
ing on the question at issue. Justice dared
ne a. TtrnFe one net Of malpractice. t%haye
made the charge,aand il remains 10 determine
whether lean S~natain the ACCUSATION.
One further remark. before | proeeetfto the.
proofs. Although ! had determined on the
malpractice with which ! wQu'd accuse Mr..
H., IL il was urged upon ne, as Justice had
defed me to crrhse one single act Of palprae-
tee; yet ! was cautious not 10 NE The word
malpractice, as ] was anxious TO AVOID lhis
controversy. and intended my language should
not c6sivry the idea that ! was DESTROYS 80 EN-
paging in this unpleasant task or Use any
harsh expressions. which might indnce " jiH-
lice" 10 .inaisls upon bis call. In tho prfcatt-
ton | have taken. | have been disappointed.
The editor has stated, that as soon as Jus
ticc" snw my note he replied Immediately,
urging me- 10 make my charge. So prompt n
reply Jeff us no choice, but has forced me IN
a. this investigation.
"Jugtice" denies Mr.. u. was compelled to-
pay over tho money in his hands from The sale
Of runaway slaves. This is q stfange denial,
for in the third paragraph Of his Inconsistent
stewer, he turns witness against Mr.. b.. i
viii quote his own words "T'hr only part put
forth in the Dostor's, and not fully explained
by the letters Mr.. y. has shown me, IL this,
The moneys Mr.. i. received on the sales ofrun-
away negroes, and not called for Ivy the wn-
ers Of said slaves, were kept 1y him during n
term Of years, while there was d law Oh the
statute books directing thai such moneys
should he paid 10 the Treasurer Of the Terri
tnry." Why, how absurd, for JUSTICE 70
deny the charge, and Immediately convict MI.
II. hy his own acknowledgment. ] will pass
over his confession for The present, but will
examine il again before | conclude this com
municatinn. This testimony establishes the
charge of malpractice but, to put the mater
bcyond The shadow Of n doubt,NI will next Of
fer the testimony contained in the letter OF
MIR. Gnrders, For with me he Is high autho-
rity, from the confidence | rcpnSe in him,
which has been formed from an intimate ac-
quaintancc with him. His certificate proves
that Mr.. Il. would rot pay under the law, nntIi
compelled for the date Of The receipt OF t g
money, Ms treasurer with the date of the pub
location in the Gazette, in which n full expose
is made Of the folly Of attempting to conceal
the noncompliance of Mr.B II. with the law, a
few explanatory remarks and the law were
published on Lhe 2iSt April, 1898, and the re-
ecipt of Mr.. f;ardere shows the money was
paid on the 9th April, 1899. Does not thlS
haste or prompt payment, after SO long and
unauthorized delay, amount to a strong pre-
sumption, nay, may | not say safely. 81 posi-
tive proof, that Mfr. 3. was coerced into the
payment 1t is, at least, n powerful corrobo-
rating circumstance. Mr.. G.. also states, that
until after the passage ofihe resolution publish
I'd in my last statement, he never deemed it his
duty To call on the sherifs for payment. This
reftitas the assertion Of I" Justice" that the re-
solution then passed was unnecessary and use
less, for il gave authority 10 the treasurer TO
compel the sherias to comply with the law
they were violating with impunity. Will
"jnstice'' pretend 10 say Mr.. Gardcre was ig-
norant Of one Of the oldest laws Of the state 7
This would be folly and presumption in this
community, where the legal attainments Of
this gentleman are so well known. That Mr..
Il. always paid up the taxes punctually, have
never denied and this has nothing to do with
the present investigation. No rational man
will argue that, because Mr.. Il. has paid up
his taxes rrnctually, this excuses him for
withholding other moneys due by him to the
state nor that, If other sheriffS have disobey-
cd the law, it is no justification FOR Mr.. Il. to
commit i Similar offence.
next offer two articles from tho Gazette of
the 2l>t April, 1899, and the 9Th May, 1893.
These are from the pen of some gentlemen
capable o'making a much more clear expose
than it is possible for so humble an individual
as myself To make.
/ E Comm nmicafed.
- Mn. EpIToR 1T has been said and asserted
by one or two gentlemen belonging TO the pro-
feSsion Of law, and for which reasons their as
~Sertions are taken ffr granted, that there was
no law requiring SherifTs of the State to pay
over moneys received By them for the sale of
runaway slaves. Although every one must lie
sensible there could have been no law for
Shefiffs 70 put the proceeds in their own pock-
cts, yet, for the benefit of the increduloas of
learned profession, and for the information Of
those have not tline to examine for them
selves, please insert the following extract
from " An act prescribing the rules and CON
dnct 10 be Observed with respect To negroes,
&c. approved June 7, 1906" a long time ago
certainly, but the law is none the worse for
being old-the lawyers might the better know
1t. This law viii lie found in Moreau's Di-
gest. page l07.
"SrcrIoN %. In case the owner Of said
slave shall not claim said slave within Two
years from the date Of the first advertisement
in the newspaper, in compliance with the pre-
ceding section, then and in that case, il Shall
be the duty Of the Treasurer of the city, for
negroes confined in the city of New Orleans,
and of the Sheriils, fer the negroes confined in
the counties, 10 cause the said negroes 10 be
sold, by and with the leave Of the Judge OF
their respective county, FIRST obtained, at pub.
lie sale TO the highest bidder, after three adj