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

l1sfUfis 10 IL but gave II Us their deelaea OPP
tsfion thai the Inv cited is d perfect nudity
and does it1eqt13re % lawyer 70 convince us
ri this ~ Hf whnt1 That the Law referred
10, III o perfect nullityf should think that
1t would require . hpYfy, and one, too, Of
some efnibcnee, 10 convince Ms that II 10 or
ever way u nudity and i'll mistake not, "ho
Jaws yer hut a Just man. will have to resort 10
other shifts for argument, before eyer he shall
have completely convinced ts Of the truth Of
his position. Lct us examine the case and
see what The facts are and then We can all
Judge reasonably. IN 1906 The territorial act
referred To, was enacted and it continued in
force until the adoption Of our present consti.
tuition. Was this law at that time a perfect
nudity 7 I%snppose nets How did il become
q perfect nudity 7 Al the adoptian Of The state
constitution Did amy provision of the CON
stitnttari declare all the Territorial laws n III
If So, ! have not yet seen the prevision.-Bns
IN the contrary, on tfiFnlft. to jhe constitution
] tIHd tfat the fourth section Of the schedule
appended thereto, reads thus A laws now
In force IN this Territory not inconsistent
with this constitution. shall continue and re-
main in full effect untils repealed BY the lie.
legislature"
IL this law alluded 10 inconsistent with The
provisions Of the constitution / cannot sec
wherein; especially tbe section in relation to
the sale offnnaway slavcs, Such Il law, If
made under the constitutions you'd be clearly
Unconstitutional. ! consider then this very lay
10 havr the same force aud effect that II would
haveif il had been made since the adoption
Of tho constitution, for the provision above
cited has given if that virtue and efficacy
which II will retain until altered by the com
petent authority. II now occurs 10 me that
the law, if a perfect nudity, must have been
SO before the fordfation Of the constitution /;
4 lam / ir Il ON tHn trF n La sf,~Itatt jaA TT.f
claimed tbis-tor it-therefore | dismiss that
part o. he subject and proceed 70 notice some
other remark ofhts.4
il Is n IittIc curious that "no lawyer hnf 4
Just man does not for a NOR ent question tho
legality Of the ruler Of runaway slaves, but
says there i no law in force, requiring the
payment of the nett proceeds Of such sales,
into the state Treasury. Now, Mr.. Editor l..
! for one link that this shift Of "a just man"
Is worse than abstrdity, il Ii piefile. ! will
state my reasons The same old law, that re-
!. quired the detention and imprisonment Of
RUNAWAY Slaves, for d limited time, made IT
: The duty Of the Sheriff, Mt The. expiration Of
that time, 10 advertise for salcson the terms
and conditions Of the law, such sIaTes as
might moi have been claimed and proven by
i, their proper owners-now what law III that7
/ Is il not the same old law now in question p
II further eniains that he SHAH on the day8of
sale pay all the expenses Of The slave ont Of
the proceeds. and pay over The balance into
/, The hands If the Territorial Treasurer, or
atate Treasurer-fpr il is one and the same
/ office. by the 3D. section Of The schedule
| above referred 10, | find hat the Governor,
[ secretary, judges, and ail other officers, under
! the Territorial Government, shall continue in
Tue exercise Of The duties @pf their respective
d traftments until fhey are Superseded under
> the authority Of the constitution. Now Is II
not a little singular that the p%ortioas Of this
q law should have been considffed&in force,
$ WHICH authorized the advertisement and sale
y OF slaves and the payment Of all expenses,
, when the remaining part 0f the same section,
!. which required tho payment Of the nett pro-
eeeds into The Treasury, was a perfect nullity1
! Such reasoning, Mr.. Editor, is \ solntely RI
f. ~diculous, for if one portion Of the Jaw IS nal',
so. must The whole be--how then can The con.
+ duet Of our late sheriff be justified flor il is
. certain that there is no law authorizing him 10
{ pocket the balance after the payment Of the
: charges.
Mr.. Editor, I certainly would be the 1tst
: man in this community to detract from the
4 well earned fame Of faithful public servant-
but when ! sec facts and principles so clear
. and conclusive, attempted to beaergcrtcd, /
consider it my duty rs ans humble citizen 10
} notice them. If our fee bills did not amply
/ provide for all the services Of pubic agents,
then ! think your correspondent might have
had some pretext for complaint, but as the
case stands, | think he will have To look for
$ materials from some other source In justify
! the conduct Of our late sheriff in the matters
A in question.
Appearances are strongly against a man
/. when he has 10 use excuses in maintaining his
/. fair fanle, but when such miserablcssftiits are
:. rcsoricd Ia, in extenuation Of ones conduct,
I matters are made worse. Silence is prefer
: alberto q poor excuse.
s As this charge was before the public in
1893, ! ask why " Justice has let the ~inveSti-
: CATION remain without an examination during
: four wears This unpleasant affair could
} have been better settled then than now be-
7 cause all the facts were fresh.in the minds oi
! the people. II it had been done at the proper
time, il would also have saved me from all this
J trouble: and from the articles quoted would
: have been more ably managed than by me.
! Possibly this is the very+reaaonJt was put OF
I. until the present time and attaches stronger
e suspicion to Justice" than 10 me, for attempt
> lug TO make it a political or clectiouecring
. movement. 1t ncyer was my wish to be
brought before the public as the accuser Of
r any man. How far this piece Of management,
Of "Jastice' will succeed | cannot tell. In
: times Of high political excitement The object
} to be attained is often defeated, notwithstand-
ing it is based on principles Of justice.
4 The assertion, that e Justice" has made, that
] have disgraced myself, is untrue because if
| had permitted any defect 10 remain ,'npro-
vided for, by which the law was violated, 10
j the prejudice Of the state, / could only have
dissraeed myself by not attempting to have the
evilTcmedied. Suppose ! had made no exer-
ton, and hereafter | had been charged by my
enemies for not protecting the interests had
: been chosen to quar-, IT, ! 80 .sacting under
s the obligation If an oath 10 perform the trust
with fidelity Then could the finger Of scorn
f and envy have been pointed at me, and con-
6 scioHs of my guilt, | wonld not have dared to
r appear before the public 10 advocate my cause
: | thank my God, that this is not the case bnt
t that | feel bold in defending my character
( when a~ssailed, because I am conscious of my
: having discharged my duty honestly. | pass
t over some of the absurd assertions made
: against me, for they are unimportant; and
again call up the testimony or acknowledge
. : ent of Justice" himself. He says Mr.. Buh.
r Ter was keeping the sl,72s to pay over to the
v owners when called for; read his words, |
: have quoted them, as testimony in proof of
my charge. | never have witnessed so SIM
d pie an admission, for two reasons FIRST, adj
0 hitting my charge, and in the second place,
I that he conrictS Mr.. b. Of now being a debtor
: to the state, for he is indebted to the state for
II every dollar he has paid to the owners andi il
r he had paid the S',72s to the owners of the me-
grees, instead Of paving ii into the treasury,