New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-02-28
SPEECH OF HON. I. j. BURLINGTON,


On the address to Sheriff Httty, eietiye1ed
the 20h Instant #
Mr.. President-Unaccustomed as l am to the eN-
ercises of the forum, and uncultvated in the Divine
art of oratory, which gives to public speaker such
advantage aud superiority and even sometimes i'm
mortality, must ask the permission Ut Senate to
express my views upon the subject under consdera-
ton in 4 written form.
In State like ours where there are no subjects,
but all are soyeregns the citizen even of the most
humble abilities is liable to be called upon to perform
the functions of the legislator and to give nterpreta
tion and meaning to the Constitution and laws. 1t
becomes the duty then of every one to make these
subjects a matter of study and understanding, Al
though my professional labors have been confined
chiefly to another department of human knowledge,
branch of science styled Forrsic Medicine has.
made somewhat familiar with those-s collections
of written reason to be found in the writings OF the
elementary authors and in the common sense app-
cation of their knowledge to the subject under coIlsd
eton trust no one will accuse me of an attempt at
legal display.
The resolution before the Senate proposes certainly
most extraordinary action. l characterize this pro
ceeding as most extraordinary because it contempates
the arbitrary removal by the Legislature of civil
officer elected by the people, for offences not commit
ted by him and for causes not connected with his Off
cial conduct and without extending to him those priv
ieges which granted by the dictates of natural
well by the justice of law in all trials of
whatsoever character. The removal of officer by
Address, is not novel proceeding in Legislative &c
ton, when the forms of this summary process are
observed But, sir, when the rules recognized by all
the nations of the earth either in Roman law Magma
Charta Or constitutional auocIatic will are violated
when human reason and the natural rules of Justice
are trampled upon it must be admitted that it is
traordinary. One of the honorable gentlemen has
admitted that this action is without precedent but
that the occasion justites its establishment. agree
with the gentleman that it is without parallel far
back as the memory of man rrnneth not to the con-
trary, but deny that the occasion justiiies it.
Mr.. President, there is occasion that warrant
the condemnation of public officer for offences not
connected with his official conduct, much less for
offences committed by Others Sir, to remove an
officer for causes connected with his office with
out hearing in his defence would be regarded as a
violation OF his rights as citzen that would call
forth from every individual concerned in preserving
the laws and Constitution which are founded in JUS
tice, the severet censule especially after he had just
been maintained bya jury of his peers, and an in
dependent branch of this government
Mr.. President it should be remembered, i'll the Ian
glage of distinguished author, That constitutional
government is so admirably tempered and compound
ed that nothing endanger Or hurt it but destroy
ing the equilibrium of power between the Legislature
aud the rest. For if ever it should happen that the
independence OF any one should be lost or that it
should become subservient to the views of others,
there would soon be end to our Constitution The
Legislature would be changed ettecting an entire
dissolution of the bonds of government and the people
reduced to state of anarchy. We have spoken sir.
of the removal of civil officer for offences connected
with his official conduct without any specification of
charges and without his being heard, as contrary to
all usage and CUSTOM and might say all law in the
other States of this Union of the United States and Of
all other governments, whether constitutional des
potic. But sill, what shall say OF the power claimed
by the gentleman to remove an officer for offences not
connected with his official capacity, but committed
by others? cannot speak OF it III any other terms
than as madness and let Senators recoect the old
saying, whom the gods destroy they first make mad.
have examined the preamble carefully and listened
to the gentleman with attention in vain to hear some
charges against the Sheriff of Orleans, even prior to
his induction into Office but have not, am proud to
say seen Or heard word in accusation of him. The
preamble and speeches of gentlemen contain denun-
Citations of partisan commlssloners-of the acts OF
lawless men, composed OF the people themselves
driving peaceful citizens from the polls by intimda-
ton, violence and bloodshed. But not one word in
condemnation of the successful candidate for Sheriff.
Sir, it seems to me that some secret intuence-some
evil demon-must have perverted the judgments and
clOuded the reason of Senators, to propose this mon
strous violation of the Constitution and laws The
outrages to which the gentlemen have alluded in such
lugubrious tones and such sOrroWful gestculatons
were committed by the people themselves assembled
in their sovereign capacity to elect their officers and
if any one is to be punished by this Legislature it
should be the guilty; and not the innocent Sheriff OF
Orleans Iregret these outbreaks Unpopular passions
as much any One and would hold the leaders to
strict accountability. But can never consent to
visit the acts of mob upon citizen who is not held
to be guilty What is proposed by this resolution 70
be done? To create vacancyin the Office OF Sheriff,
which must necessarily be filled by the Governor! Is
this the way you propose to protect the freedom of
suffrage and the nyionbility of the ballOtboN, the
great palladium of American lberty''-to take from
the people the right secured to them by Art 50 of the
Constitution of eectng their Sheriff. and to give
it to the Governor? Is this the way to vindcae the
Constitutional rights of the people? Is this the way
the grand inquest of the State is to set aside the
lawful decisions of the judicial tribunals of the coun
try? What are the constitutional rights of the peo-
pie that rise above Judicial nvestigation? Iask any
| gentleman to answer me. Of course there can be
none. All constitutional rights alone be deter
mined by the judiciary and whenever the Leglsa-
ture exercises Judicial powers we become agoVern-
ment of men and not of law.
This proceeding is entirely unauthorized by Art "
of the Constitution. This Article only enunciates
principle leaving to the discretion OF the
to enact law providing for the removal OF eeftaln
officers by address. 1t never contemplated oy
this Article that the Legislature could remove an ON
Ger by the mere vote of majority, but gave 10 the
Legislature power to provide by law the various forms
to be gone through in removing an officer proceeding
by address, 1t is maxim that if" words or express
ions have acquired definite meaning III law they
must be so eypounded." Address is a summary pro
ceeding established for the purpose Of ehectng the
removal of officers, containing a specification Of
charges found to be true after hearing and fair in
Yestgation communicated to the Governor with the
request to carry it into execution. ~
That this is the legal definition of address, cite
the Constitutions of other Statesp and the uniform
PRACTICE in the removal Of officers gland hysnnl
mary process For, even there. when the King hat
discretion he could not exercise it without tega