New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-02-16
TIrH, I, b, ApuIsE AND THE SHERIFF.


THE nEGIsI4AruREsA NDTTIE SHERIFF.
Under the foregoing caption the Bee Of yesterday
morning. contains strong and forcible article from
which Ne propose making liberal extracts. Refer.
ring to The 9th Article of the Constitution comforting
authority upon the Legislature to remove certain Off
GERS by address, our contemporary justly Observes al
he Articlel sintended to enable the Legislature tt
displace civil officer who Shall be guilty Of gross
malfeasance and dereliction of duty-such, for ex
ample, as q wholesale pecuation and fraud--where
the evil is 50 fragrant, and the injury to the
nifty SO manifest, that the slower process Of mpeacf
mentwould prove too tardy, and the offender must
be reached in the most expeditions and summary
manner. The act Of removal being an interference
with the rights and results of popular suffrage, must
clearly be founded upon good and sufficient cause.
Legislative caprice in 50 grave matter would be to-
tally indefensibIe.r s
All true. There would be no excuse for :" Leglsa-
tive CAPRICE or any other caprice in grave mat
tiers Of this kndand least of ALL partisan caprice.
The policy would be dangerous and suicidal-leaving
its unfair Illegal and dishonest features out OF the
question--to set a precedent which spurns existing
laws which makes trial by jury a moekery, which
sets at naught the results Of popular franchise and
which makes o large majority Of the parochial Off
cerso the State liable to removal without cause OF
reason, at the beck and whim of a party Legislative
majority. Place such fearful example on record
and future legislatures may see fit oremove all oppo
sition officers in the State! Everything would be
governed by the revolutions Of the political wheel
and voting would cease to be anything save an empty
fonality the part of the people. The will of the
Legislature and Governor would become paramount
to the will of the people, and partisan oligarchy at
Baton Rouge would soon swell to the proportions Of an
unlimited and irresponsible despotism. That these
deplorabe results would follow the setting of an I'M
precedented and wrongful precedent there scarcely
be the shadow of doubt All history proves that the
preparation Of one wrong by those in power leads tc
the preparation Of other wrongs until they become
as innumerable as they are oppressive.
The snbjoined paragraphs from the Bee are worthy
the deliberate consideration of every member Of the
Legislature and of the public:
Aresouton has been introduced into the Legislature TO
h a By gp ass Ct that soa + he
Of anptoprang to himself the funds Of others as h
astion charge against him, involving h
of kind has been preferred against him He stands pure
as free from suspicion the capacity Of public officer
70 out Of have heard Of none
that the only motive that possibly exist for VIC
The oyslnbe election NJ Hnity would have been defeated
out passion, and esehewing all idle defamation.
s. a hi sre b
S tss a NJ to law sI, The @
fun n the IS and found tia
HWY sa e 6cs r na @ st.
beoe the Fist f stt jury was
IN liz and Parish
nation Of the evidences and full and free discussion the r
II tnE in
hg e1na be had t. The Court The
eed without an appeal and that the verdict Of jury is to
| considered final. eT
The foregoing summary is strictly truthful, ant
cannot be gainsayed. The facts are just as stated
Consequently, Major Hufty is the the legal Sheriff
the Parish Of Orleans, even admitting the nnu
merable asehoods that have been told about the las
election to be truths. Therefore to remove hin
without charges against his official conduct, would
be the heighth of oppression and nustiee-contra1,
to the spirit of the Constitution and at war with ever,
principle ofright.
To show we are correct III the view of the case We
have taken, we shall quote sections forty-fve and
forty-sx Of the law approved ON the 18th of March
1856, regulating contested election cases. That law
is still in force: S
SEC Az saastea That after ten dnys from the
DAYS notice Of the fling Of the petition by the voters the adverse
snail bound answer the formed shall
be proceeded with mnrly before the court and jury The
trial shall be conducted and submitted to the jury according to
the laws by which other jury trials governed majority
only Of the jurors shall be required verdict The
jury shall have determine by their verdict which Of The
parties is entitled to the office, refer the again the
people, Tile Court shall hare fo,cer grant nl
| in other cases, and appeal shall be oHo,red
Sec 49, Be il further enacted etc That the Judgment rendered
upon the first fding Of tejny nnd on certify
ing the the Governor commission shall be issued b.
him in fvo of the in whose favor the verdict may be-
The foregoing sections sustain every allegation W
have brought forward since the commencement Of tn
discussion. Under law, the import and expires
commands Of which are unmstakable, Sheriff Huff
has acquired rights, and he cannot be Invested G
thoserghts except for cause clearly shown, impeach
ing him in his official capacity.