Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1844-03-23
Yours Respectfully,
]. M. ELAN,

CLEnR OF DEsr. N PROBATE CounT-
We publish to-day al aecounso of the debate on
this question. Out delegation did a. much
As they could to carry out the desire of Il great
majority OF this parish. Tho opposition TO It
arose more from personal friendship 10 the
present Incumbent, than from i sense Of justice
TO the demand Of \ large majority of those in-
terested IN the separation Of The Two offices:
MFR Taylor, from the ScleetCommittee on
the act to authorize the Parish Judgde Of
East Baton Rouge 10 appoint a clerk Of the
Probate Court, reported against the bill and
recommended It's rejection.
Mr. Newport moved TO take up the bill. A
| question Of order arose rs TO whether this
could be done without n diSpensation Of the
rules. The speaker decided that n simple
majority would suffice to lay the bill before
the House. The bill was taken up.
MI OGDEN then moved 70 take up the report.
Mr. VOORHEES, moved to lay the bill on the
table. On this motion the yeas and nays be-
ing called for, stood yeas: ID; nays; 30. Lost.
A motion was made to adopt the bill.
Mr. Ogden hoped he should not calculate
too largely, in addressing himself to the
sense Of justice and intelligence ofthe House.
It was with %unfeigned regret That he opposed
the passage ofa bill from the Senate, but the
Senate ought likewise to respect the wishes
Of the House. A bill similar to that which
passed the Senate, had been reported against
and rejected by he House last year.
Mr. Ogden commented on the report. The
principle tina, the rights Of the humblest citi-
zen could be ~trampled upon was a very dam
gcrous one, and one that would react upon
any body which sanctioned il. The object of
the bill was to take away office from an in.
dlvidual. Were there good and sufficient
rAngnnN far tbiS Z ThaPH uFare MOI NJ
reasons connected with cliques or parties
were good and sufficient. The individual
held his Office by law, and should not be re.
moved, except in the manner appointed by
law, ~ifevery man in Baton Rouge demanded
his removal. Nr Ogden adyerted 10 The for
cible reaaons fer rejecting this bill which had
been alleged by Mr. Philips, the Chairman Of
the Commitlee,to which il had been last year
referred.
The connection between the Offices OF the
Clerk Of the Probate and Parish Courts was
extremely necessary, on account of the re-
cords and papers under his care. There
could be no objection TO this connection
The objection could only be TO the officer.
Now the law provided for the removal in
case of malfeasance or misfeaSance, by the
Supreme Court. If Mr. Winthrop was un-
faithful or incompetent, which he pronounced
idtNEs tue law gave AH dhiple EGiUehy-DUL |
could the House sanction a procedure which
would indirectly deprive him Of his office.
The report OF the present Committee had
received the sanction ola maiority,o of the
Committee and II would lie eminently un-
just as well as i0'politic to adopt the bill.-In
regard 10 the active agency taken in This mat
Mr. Ogden observed, that every man had
a right to oppose what he conceived injustice,
and MOTTO be trammeled by any consideration
Of defence for these who supported such mea-
sures.
Mr. Ratlif alluded to the unanimous sup
port which the ball received both from lie
Representatives. and Senator from Baton
The former were democrats; the lat
ter a wing, and their could therefore be no par
~ movement inCthe affair. A removal from
office was not asked; il was merely a Sepera-
Of the office. For himself he would be
disposed not TO accord the separation. If it
not demanded with such entire unanm-
ity.He thought it nothing but sheer Justice.
He had no objection to Mr. Winthrop-he
might be a clever fellow, gave good dinners.
good wines, and ihus be a favorite with
the lawyers; but the people Of East Baton
Rouge desired a separation the Senator and
Representatives desired a separation, and he
thought we would bow to their wish.
Mr.. Newport said that The report was drawn
up with great Rkili and ability, but that he
must express his surprise and regret az hear.
ng those gentlemen who had been sa.verv
oud in forbiddirg foreigners having any thingI
o say or do with their business, now coming
and attempting Ii prescribe rules
md regulations for the parish of East
Baton Rouge. Gentlemen in whose intelii-
renee, whore skill and whose integrity he
always had the greatest confidence, and
TO see them come forward and assume
overs to which thew have no claim whsteyer.
vas to him astonishing, |,
Although the Honorable Senator from that
had found it his duty tn pass a bill =,
that body authorizing the Probate !,
Judge of that parish to appoint his Clerk, for :
he Probate Court-a privilege which has been :
ranted to many other Judges of this State !
the present Session--aHd he could not !
&c why the same liberty should not be gran. :
ID TO the Probate Judge of the parish of East /
Rouge :
Il was true that much Of the skill and abiI. :
y of this Housa:is now combined against him !
this case, but having justice on his side, he 7
,ped it would prevail against fraud and COLI. !.
on, Fer he could consider the conduct Of :"