New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-02-21
NUMBER 266..
Speech Of the Hon. Charles T. EstliD,
DEBATES N HOUSE OF REPRESENTATIVES,

dress for the removal Of joseph Huesv Sherife ~ +
House as follows - - s'le
Mr.. Speaker--I am fully aware SIR that ANYTHING
may say will be Intellectual in determining tie 1na
jority Of the members Of this House against the con-
summation Of an act which they have already al
enly resolved, in their Star Chamber Councils 10 a..
complIslt. The fact is the mandate has been pron1uI
gated by the very highest political authority known to
the tAmerican party in this Stae and most will
ingy are the edicts OF that august body oEeyed bv its
adheTents on this floor. The Of the executioner
mas been sharpened, and the work of decapitatfon
must go on though the heavens do fall.
W9uia enquire, sir, Of what particular crime
what high misde1neanor-what gross derelictiop of
drty-what maeasance Or Inisfeasance in Office has
the Sheriff Of the Parish Of Orleans been guilty. that he
should be stlnarily elected by this Legislature from
the functions OF an office to which he has been assigned
by the voice Of majority Of the free sr Of the
Parish of Orleans, and afterwards by the verdict of
jury OF his peers, selected proiscuousy from the
great body OF the people? NJ
f speaker let as enquire into the facts connected
the Parish of Orleans That election was conducted
with all the or1nates prescribed by the laws of this
State concerning elections 1t is true sir that the
oeVeht and Ninth precincts were the scenes of gross
ontrages resulting in the destruction of the ballot
boxes at those two precincts and the sitting Of the
popular li IN the only manner in which it can legally
speak, NO one, sir, more sincerely regrets the occur
ehces OF that day than the humble individual who now
addresses you and feel confident sir that these re-
grets are shared by the great mass of the American
party to which am proud to have the honor to be-
long. tWould be an act Of great injustice to Major
Hlity whom know to be an honorable gentleman
and one who would sco1n to do disreputable action
TO hold him responsible for the awess acts Of an u
known mob ! have heard it intimated, that Major
tulty was cognizant Of and participated in the de-
struction OF the ballot boxes on that day do now,
SIR upon his floor, pronounce these snuations base
fabrcatlons calculated to nure that gentleman with
those who do not know him. 7, sir, happen to know
that MAJOR Huty was Ignorant of the lawessacts Of
the mob on that day, and when first acquainted with
their occurrence sincerely regretted those
acts than Major Hufty himself.
nave also heard party Of gentlemen from a
nelghhorng State who sojourrngin that city on
the day ofelection charged with being the authors of
the scenes of violence and boodshed that were enact
ed and which resulted in the destruction of the ballot
boxes. also know this charge to beswithout the
shadow OF foundation to support it. With several of
those gentlemen have the honor to be acquainted,
and can bear testimony to the high and honorable po
stlon they occupy in the community in which they
reside, and on the occasion alluded to happened to
be of their company at the conyivia board, and know
ull well that each and every one of them gnor
ant OF those dsgraceful scenes until brought to their
knowledge after their perpetration.
Mr. Speaker, as before remarked. the election of
November last, in the city of New Orleans, was con
ducted with all the formaties prescribed by law.
commissioners were appointed at the different pre-
cncts to conduct the election, and they each we're
bound by solemn oath to conduct it fairly and i'm
partially. The majority of the commissioners Mt tbe
Seventh and Ninth Precincts acting from n solemn
sense OF duty and according to the dictates of their
conscience, refused to make return of the ballots
Ca cas at their respective precincts. alleging reason
that while quietly proceeding with the counting of
the ballots and before the final result could be legally
ascertancd they were driven from the polling booths
by an armed mob, and the ballot boxes with their
contents forc6y Wrested from their possession and
destroyed. Those commissioners acting as they
were under solemn sanction of an oath and in strict
accordance with their sense of the obligations i'm
posed upon them, did right in refusing to make any
called upon to make their returns, their answer was
that they had none to make-that gang of rufians
dspossessed them of the hallots while in the act of
counting thereby destroying the only evidence BY
precincts. The only returns they did make, and
which the state of facts warranted, were consistent
with their duties as commissioners and with a due re.
gard for the obligations imposed upon them by their
oaths And contend, sir, that when any tribunal
created by the municipal laws of the land attempts to
be the keeper of the conscience of an individual and
commands him to disregard the solemn innctions of
an OATH that tribunal travels beyond its jurisdiction
ana usllrps power that despots themselves do not
possess.
When the result of that election was officially de-
clarcd Major Hutty was returned as the Sheriff elect
by p majority OF seven votes. The friends of Col.
Bell, his opponent expressed themselves dissatisfied
with the result, and induced that gentleman to take
the initiative in contesting the election in the manner
prescribed by law That law entitled an act relative
TO elections, approved March 18th, 1855, provides
ton OF any Sheriff. Coroner Clerk of the Parish of
Orleans he shall within ten days after the election,
give notice to the appropriate party of his intention
ciay set forth all the grounds of contest and shall
within the same space of time, present petition to
the Judge of the First District Court of the Parish of
Orleans The Judge, when applied to by either party
may order a jury to try the cause The petitioner
must set forth all the facts of the contestation Either
party shall have right to take evidence of the facts
contained in the petition at any time before trial. and
on giving to the other party one days notice of the
time and place, when and where the evidence is to be
taken That ten days from the service of the petition
the party shall be bound to answer and the issue shall
be proceeded with summarily before the Court and
jury. That the Judgment rendered on the first find
ing OF the jury shall be final, and upon certifying the
same to the Governor commission shall be issued to
him in whose favor the verdict may be. The Court
shall have no power to grant new trial, and no ap-
peal shall be allowed.
Col Bell feeling aggreved at the final result of the
election sought redress from tribunal designated by
law to try the merits of the contest The law had
clearly and explictylad down certain ales by which
questions OF that kind should be determined, and he
aYaled himself i'll the most ample manner of its pro-
visions to be placed yectus in cu,iG where he con-
ceived he had been wronged. The question was sub
mitted to a jury of his countrymen, some of whom
were included amongst his personal and political
friends, and all of whom gentlemen well and fa-
vorably known and esteemed for their honesty and
integrity of character. The Judge who presided at
the trial was of the same political complexion Col
dvesed himself of any political predictions he may
have entertained for the Colonel and entered upon
the merits of the contest freely and mpartialy and
without prejudice to either party though must con-
TESS, that in my humble opinion many of the rulings
ofhi honor were somewhat novel, and would not be
regarded as sound legal principles when subjected to
the ordeal of a severe critical analysis. The law de-
clarcd q majority Of the jury competent to render a
verdict, and whatever that verdict might be it was
conclusive upon the parties litigant, and determined
and setat rest the question as to the person legally
authorized to exercise the functions and duties of the
Office IN this case seven of the jurors, being a COM
petent majority-after hearing all the evidence pro
and con- and after listening to the arguments the
abest of COUNSEL and bound by their oats to render
an impartial verdict without fear or favor awarded
the Office to Major Hufty and in accordance with
that verdict the Executive authority of the State
issued commission empowering him to perform all
the acts and duties incident to the Office of Sheriff of
the Parish of Orleans and the Supreme Court of the
State has given quasi sanction to the verdict of the
jury by administering to him his official oath. aid
ordering a record of his commission on the minutes
of the court. ~
presume, Mr.. Speaker, that no one within the
sound of my voice will impugn the motives of those
gentlemen in rendering the verdict they did They
are gentlemen against whose probity whisper has
never yet been breathed, and against whose honor
Ween he would be a bold man who would dare give
utterance to thought What then, l would ask, sir
has Major Hufty done that the terrible vengeance of
this House should be invoked on his devoted head
He is an inohensive gentleman quietly dscharging