New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-02-08
~
FURTHER. 1sK,YHT.ATl.lT,OrNs,

sheIifalty Of the Parish Of Orleans the powers I
the Legislature to remove by address, sustained b
u characteristic comments, which give it semoffcis
Il tenor and complexion. Regarding it somewhat i
the light Of an index to future movements by certai
1 parties, we deem the extraordinary positions take
y worthy consid eration and refutation. 5
Il we have neither leisure nor inclination to argu
against the assumptions Of the Gourier-w are
sweeping as they are unfounded- that Sheriff HUFF
Il was elected by fraud and violence. Nor is it nc
4 cessary The facts are too well understood BY Til
the people, now, to admit Of further deception And
Il en- assant we will remark before leaving this bracl
of subject that it but natural the leaders Of tht
party 8hiehfrst naugnrated the Of fraud ano
corruption in this State; who imported builles,
fans peurers into the Parish Of Plaquemlnes e
degrade the ballotbox who made the election q
saturnalia Of all that was vile and yillnous
who, BY astudous disreg Of the nave
set which has brought forth bitter fruits
prospect Of q stupendotis crop, IN the tnture
and who have invariably profted by the corrnptions
and violations Of all law, human and divine Should
seek magnify fabulous wrongs upon the inmates q
a lock-upss prisons, iatifues Of Recor
ders Courts and Charity Hospital paupers, because
such constitute leading source Of their ascendancy
u iii this city, at the expense Of party which numbers
n fewer bad within its ranks than any party ever
Y known since the organization Of parties.
The attempt, however to elevate Migrants above
i heightened and honorable tlemen, will fal 1t
must fail; for there is a law Of nature made by GoD
himself which distinguishes between the yagabond
and the intelligent, Firtuous individual. Neither
party nor partisans can liter OF ahrogate the law.
i The charges Of outrage and violence upon the
American party are as absurd as they IRE untrue.
The party is composed entirely Of natives
the soil; and the criminal records Of the country
p1ge that 80 far as the commission Of penal offences
is concerned there is Immense difference IN their
favor notwithstanding they loutnumber the other
population in proportion Of more than seven to one
Tie police statistics we published on Monday last
sustain this proposition as completely as We could
desire and to those igures we again refer,
How unjust, then, to refer to such party-the
members Of which have ever. been noted for their
loyalty law and unceasing desire to preserve the
purity of the ballotbox; who own threefourths of the
property of the State and pay threefourtls Of the
taxes AS a party which encoulag aged and encourages
violations of law and order! The mere enumeration
Of facts like these concusvely demonstrates the I'M
mitgated falsity of the ntimation or intimations-
The history Of the past and present cry out shame
shame ss#t e Sii!
ltf The Courier assumes that Sheriff Hufty holds his
office contrary to law and the wishes Of the majority
legal voters Of the parish and that ought,
consequently, to be removed by the Legislature. It
he regretted that the learned urst who presides
over the English side Of the Courier did not refer to
some hi ognized authority, tosustain assump
tons Then we would have been furnished with some
data upon which to found an argument III opposition.
Asst is we are constrained to rely principally upon
astatement Of undisputed and indisputabe facts.
Before going further is proper to observe that if
there is any doubt of the wishes of majority of the
voters in the premises, it is not the fault Of Sheriff
Hufy. The blame i any rests upon other shoulders
We have been told that, as soon as the case was
brought before legally constituted tribunal, Major
Hufty offered to present his claims once more to
jury of the whole peoplesad that he didn't care
about holding public office by virtue Of the judgment
of courtan that his offer aras perenlporiiy de
casdl This little episode in the affair proves that
one side at least was not in the smallest degree ap
prehensive or fearful Of the people. And, as it
with the Sheriff. SO was it with our Senators and Rep
resentatves, who have been arbitrarily expelled from
seats they were justly entitled to hold. Auso far
as our our knowledge extends were anxious to sub
init their claims to the people, but the majority re
fused They we're unwilling to allow the sufragans
ofthe parish to choose for themselves and conse.
quently substituted their own despotic pleasure in
j lieu thereof What a commentary upon the differ
ence between profession and practice. s 9
The other point, as to whether Mr. Hufty is the le-
gal Sheriff Of the parish of Orleans or not admits of
no question. The case is too plain to be mistaken or
misunderstood According to the return Of the Com
missioneTs he was declared elected. That return was
disputed, and his election contested. The case came
regularly up before the First District Court the tri-
buna specially designated BY law and there the whole
matter was deliberately argued and determined A
majority of the jury found in fayorof Hpfty. In strict
accordance with law this decision was final, the stat
ute expressly prohibiting appeal The plain intent Of
the law was to dispose of contested election cases as
snnlnarily as possible. Shortly afterwards the law
fully declared Sheriff obtained his commission from
The Governor furnished his bond and took the oath
Office as prescribed by law, and entered upon the
discharge Of his duties l: i 595 v lgz5
Here is brief recapitulation of well-known facts.
Admit all the Courier alleges; admit, for sake Of
argument that alsehood truth, injustice justice foul
dealing fair dealing and the case is not mended at all
so far as the Sheriff 8 opponents are concerned He
sthe legal Sheriff of the parish, SO declared after
every form FLAW had been complied with, and he
cannot be removed except for cause, clearly proved
charges against him, in his official capacity. e.
But says the Courier, after arguing that the
General Assembly and Governor can remove the sher
Lin Of this parish of any other parish without
why or a wherefore without reason or an argu-
ment to justify acts Of nnexamped tyrannyand that
the Judiciary intervene to protect the sacred
rights of the citizen 8 ia,5l4 Eng EtIl le35 81
The address need not state the removal asked as we
before Observed that subject is entirely white Judgment
and discretion General Assembly neither need the
which calls Intervention have occurred after The
proposed be removed actually in Office The right Of
decision to its propriety are supreme and
limited in the General Assembly. 5E st5S zsts{isa &
Weapprehend the Courier will find itself mistaken.
The powers of the Legislature not supreme and
unlimited" Tic omission in Article 81 is provided
for in Article g. which states that judges may be
moved By address," the cause or causes for which
must be clearly stated at length. Itwould be singu-
lar, indeed if one class Of officers could be addressed
out Of Office only for causes distinctly assigned, while
another class could be removed without any cause at
all In cases like these, universal usage makes an
express command remedy and control an apparent
omission. Here the Supreme Court would be called
upon to interpret and enforce the Constitution, in or
der that its various parts might be made to work har
moniously and justly. Under such circumstances the
So. n a