New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-02-22
NUMBER 267.
Speech Of Mr.. Alexander, Of Tensas,
on THE REMOVAL ADDRESS 5sso
Delivered in the House fIIepresentatfyes. Feb. 5tt

gifted. 45 1,~s' = 80 -
From the hurry with which this measure was ahu,f
to be pressed through, under the rigorous rules of
House, time could not have been afforded to even the
ablest minds for proper examnat and calculation
Of the subject 1T was customary that a measure Of
such importance should lie over for time to enable
members to investigate it before taking action but
the dominant party had determined upon different
course; the measure to be pressed through with
the greatest possible haste ., 4 ,4E sssgrzssf IN
Mr.. A. said he had not grown gfay in Legislative
experience but from what he had read of the history
OF legislation, he hazarded the assertion that no de-
lucrative body by majority Of fisgzasnbefs of its
constituent, branch had ever eTif from Of
flee uDon such grounds or causes as3 assTrfne1 Or
set forth in the address before u.s. The subject in
deed was Of novel nature, and in entering upon its
discussion he felt as mariner in ventarig upon
unknown ocean Of whose winds, tides, currents and
quick sands he is wholly ignorant. Or rather the
course Of argument upon this question might be more
appropriately compared to the hunter path through
dense and primeyaI wilds. In tie former instance
the mariner had to direct him on the trsekless
cEaft, compass and polar star in the latter the hun
ter has the SUM- the bark that grows upon the trees
the moss that gracefully droops from tile oyerhangng
noughs but ne had no other gaides than the facts in
the case, two OF three little articles in the Constitu
ton, one statute and his own patriotic heart
f. The subject which had gfvens0figin to tile Ad-
dress before the House, had caused great excite
ment ahd would be likely to produce more. Indeed
some political Neptune had stricken with his magic
trident the popular ocean and its pillows were rolling
heavenw'ard.
The shepherd, watching his flock upon the plain,
does not view with the same anxiety the gathering
tempest as the phlosophic patriot should the inereas
ing, brewing excitement which impends and we fear
is about to burst upon the Crescent City.
Mr. A. read the 97th article of the Constitution
1 upon which was founded this measure of addressing
Sheriff Hufty out OF office o-wit All civil officers,
except the Governor and Judges of the Supreme and
Inferior Courts shall be removable by an address Of
a majority Of the members Of both Houses, except
those the removal of whom has been otherwise pro-
vided for in this Constitution. Now said Mr.. A., we
have the S9th article of the Constitution in the fol
lowing words: :" The Legislature shall provide by law
for the trial. punishment and removal from Office of
all Other officers of the State, by indictment or other
WISE. The officers referred to were specified in art
Gle Sc, but among them is not that of Sheriff. If,
therefore, a Sheriff is an officer of the State, most
clearly he is of those other officers for whose
removal the Constitution says the Legislature shall
provide by law" But this the Legislature has not
done. The Legislature has wholly failed to do its
duty-to provide law to meet such case as this is
assumed to be. And, because the Legislature has
failed to do its duty, to provide law for the removal
Of such officers as Sheriff. CAN'T be correctly argued
that another article of the Constitution can be faer
back upon under which to justify the extraordinary
n proceeding now under discussion?
If article 81 authorizes such proceedings against
: Sheriff, (and it does equally against all other cvi
officers in the State, with certain eXceptions,) VIII,
did the trainers of the constitution insert anothe
article, the S9th which says imperativey the Legis
lature shall provide law for the trial and removal
t, those civil officers of whom no exception wa
# fact is, and every man whose mind was not warpe
by the spirit of party will come to the concu
/. sion, that the trainers of the constitution did no
intend in the 9th article to confer so unlimited
h power upon bare majority of the two Houses Of the
e General Assembly as is now assumed by the domi
nant party and that they are usurpng power which
was imposed upon the Legislature by the S9th article
of the constitution. This usurpation was prompted
he had no doubt, by rank party feeling, and but fol
l. this moving spirit, every one who heard him wa:
morally convinced we should never have heard Of tl
e most extraordinary address,"
" Mr.. A. had examined the constitutions of amos
d all the States of the Union, and he had found n
= where such power given to majority of the tw
Houses of the Legislature as assumed by the party
ID power in this case 1t was provided in the Constitt
tons of those States without exception he believed
ID that all impeachments should be presented by til
e. House of Representatives and tried by the Senat
h. No where it found that the officer of the State
is may be removed. without trial, without word
ct evidence in his Defence by majority of
quorum of members Of the Houses of the Gener;
70 Assembly.
~ And, as to the address," said Mr.. A., there wa
Il no allegation in it except that Major Hutty was i'll
I'd gaAy e!ecied How do you know this he asked
x How can you set aside the decision of Judicial tr
n. bunal, which, acting under law enacted by youl
:; selves, has pronounced Hufty the legally electe
+ Sheriff? The Constitution does not make you judge
H. except as to seats of members of your own body :?
The Constitution was divided into three departments
Legislative, Executive and Judiciary. You are Off
10 Legisative-your functions strictly Legislative
n and in undertaking to adjudcae the question Of tn
nr legality Of Iuftys election to the Sheritfaty yo
as trespass upon the Judiciary department In that dc
h. plrtment of the government, in the First Distrc
N Court of the Parish of Orleans the question has beel
A. decided. jury, empanneled according to law, hav
f said Hufty is the legally elected Sheriff. The matte
" is, in the stricest sense res judicata-a thing de
y cided. You cannot touch that verdict by your ad
N dresses and resolutions. You cannot trample upo
le judicial tribunals. You cannot spun and set
" nangt the verdicts Of our jures. AS well may 20
~ defy the mandates Of jehovah
rs Mr. A. repeated that the question was res udlcatt
T. It was decided in strict accordance with the act {
O. 55. That act provides that such decision shall
II nal 1t is not pretended that that act is unconst
tutional yet majority i'll that House have no hes
tation in setting aside that regular decision accordn
to that constitutional enactment of two Legislature
l., And on what grounds do they do it? Why upon IL
a. strength Of statements OF daily papers and hoatn
H. rumors.
~ any misfeasance in Office that he is wanting in
", potency but say they, his election secured
~ Violence tmidation-bloodshed. Hence he mu
ne be turned out neck and heels 1t is rarely the ca
IN that there is not excitement on election occasions
,o and the important the election the greater tt
to excitement, ordinarily. And sometimes in those e.
W. elements riots may occur, and blood may be she
This has been the case, and ever will be the case
republican governments until the nature of man
changed. But this is no sufficient ground OF actlo
against Hufty in the Legislative Halls of the Stat
he Members of the dominant party, led away by partsa
II feeling, may think it sufficient ground for the presel
i'll action and influenced by such feeling, may vote IL
tile ''Auu1tSS, Dut Ills WOIu
raj Court when this case shall reach that tribunal, wi
ne pronounce such ground of action futile and insult
ce cient,
IVY Certainly, said Mr.. A. riots and mobs on electic
occasions are great evils and ought to be remedie
And there are laws for the suppression of mobs ar
g. the punishment of rioters. And, when ballotbos
m are broken and it becomes questionable i'll cons
iii quence who has been elected, there is law which
in rects in what that question shall be settled
he and by this law the question of the legality Huty
on election has already been settled. That question
he wholly out of place here. We have no right und
nd the Constitution, for moment to entertain it.
w adtressing" Hufty out of office, after the Com
mi have decided that he is legally in Office we commit
m greeter evil do greater wrong than has yet be-
he suffered from the mobocratc spirit which has eNh
KS tied itself in New Orleans If you would crush
~ evil, do not create an evil. If you would suppre
outruges against law, submit yourselves to law al
to the Constitution.
ISL But this will not be done. The Address, must
St. voted, though the Heavens fall" The Democra
ere party, through its instruments on this floor cons
ting itself the Grand Inquest of the State, sol
gentlemen have called it, has said Hufty shall not
! q main in Office. Who ever before heard of a me
= party majority in legislative assembly being
ac Grand Inquest? And yet, it assumes that char
'n ter; and here this oorit pretends to take cog
of zance of the facts of this case-cts, by the WI
that confounded most tonloundedly. II
Supreme Legislative Tribunal asserts that the rigl
:, of the people have been grossly violated, and til
artir oft