Thibodaux minerva., 1856-03-01
Hon. Adam Beatty---Hufty's Removal.

The Hon, Senator whose name heads this article
will pardon the liberty we take in parading his
name before large portion of his reading constit
uency. Although this gentleman has been steadily
acting with the dominant party, since the opening
of the present session of the General Assembly, he
could not be induced to swallow that partizan mon
strosity prepared in the case of Maj. Hufty, Sheriff
of the City of New Orleans Mr.. Beatty, it will be
remembered, was elected to his present high posi-.
ton in opposition to Col. H. NJ. Thbodaux, one o.
the most popular and influential gentlemen Of the
district, but owing to the religious question having
been wrongfully dragged into the Of politics,
las the sequel has clearly established and against
party prescribed none on account of their systems
of faith, he in common with those entertaining the
doctrine and standing upon the platform that none
other than Americans should rule America, were
defeated by large majority.
No other public act Of the Hon. Senator could be
adduced more clearly establishing bis political an.
tecedents, and true independence of character,
than his conduct and vote on that awful political
iniquity lately practiced by the Senate and House
of Representatives in the removal of Sheriff Hufy
from position accorded him by the legally consti-
tuted tribunals of the land. Having been schooled
in the measures, and ever taught to regard as his
beacon-sht the cardinal principles of the conserv-
| alive whig party, he could not swerve from his
sense of right and the inference is natural he could
not support measure fraught with such evil ten
denotes as the reversing of the decisions of the Ju-
dietary; an act without precedent in the annals OF
legislation. He regarded the question as all true,
order-lovng, and law-abiding citizens should
Two wrongs never can make one right"
His vote against the final passage of the "Ad-
dress" establishes that he is more in favor of obey
ing the laws than in seeking political popularity or
promotion at the sacrifice of his bounden obedience
to the institutions of his country. He had the moral
temery to be dissentient from the rule of action
traced out by those with whom he has acted polite
ally, but scorned to tinge his fair escucheon with
the consequences of such partisan measure His
position is that of true independence untrammeled
by party ties and we are pleased to enrol his name
among the few honest politicians of these degener-
ate times.
Let us now turn our attention to the removal of
Mr.. Hufty, and reason his case in accordance with
our views of the question. Every patriotic and
conservative citizen regrets or should regret the
action Of the Legislature in the premises. In
republican form of government, like ours the safe
ty of the rights of the people depends on a faith
full adherence to the spirit of the law; and when
triumphant majority violates the object of the sta
tute, in order to CRAFTY party feeling, it strikes
blow at freedom, and the intelligent part of the
community lose all respect for body that can so
far be obvious of its own dignity as to be carried
away by partisan sentiments. The action of the
Legislature is based on ART XCVII Of the Constitu-
ton, which says: "All civil officers, except the
Governor, and Judges Of the Supreme and Inferior
Courts, shall be removable by an address of a ma
ority of the members of both Houses, except those
the removal of whom has been otherwise provided
for by this Constitution"
It is to be regretted that the trainers of the Con-
stitution did not limit in express terms, the cases
in which this power should be exercised. But it is
Clear to our mind, that they never imagined that
the law-making branch Of the Government would
ever be far forgetful Of its commission as to fol-
low the letter and not the spirit of the Article above
cited The plain intent Of which we conceive to
be that any civil officer may be removed for any
mafeasance in the duties of his Office, and not for
anything which had no relation to his acts in his
official capacity In the present instance the Le-
gislature do not pretend that Mr.. Hufy has not
performed his obligation as sherif-they do not re-
move him for any tact Or active violation of duty,
but do so for something over which they had no |
control, or the least semblance of jurisdiction. 1t
is pretended that balfot-boxes were broken-their |
contents scattered to the wind-and that voters
chise; and, therefore, they punish Mr.. Hufty for
The acts Of third parties They castigate the nno-
cent because they cannot reach the guilty.
If the majority has the right to remove for any
cause Independent of the personal conduct charac-
er, or official acts Of the public functonary sought
70 be removed, then there is no limit to its power,
md the tenure of Office will not depend on the will
If the people, but on that of majority of the mem
'SAo VI SA0 oSAOAoA 0oSclLuy. ouCu oil
alton violates ART. Xxx of the Organic Law
which secures to the qualified voters of each parish
he right Of choosing. by election, their parochia
md other officers. For, in this case, Hufty being
emoved, the Governor appoints, and every Legis-
ature can pursue the example Of the present, and
vhen dissatisfied with the actual incumbent they can
'ust him; so it would not be the people that fills
he Office, but the majority Of the Legislature
md if they have the right to oust Huy, they have
he same power to apply the political guillotine to
very other officer included in ART. XCVII of the
Constitution who does not coincide with them in
olitical opinions, on the most trivial pretexts.
An act Of the Legislature provides how contested
lectons shall be decided. The election of Sheriff
1ufty was contested in Court of Law. His case Il
'as tried before the Judge of the First District
'ourt of New-Orleans strong adherent of the
party. Able counsel were engaged
n each side and after listening to the evidence,
nd pleadings the jury returned verdict in favor of
Hufty. He is, then, entitled to the office, not T
My by the election but by decision of the Court
Inf tho fopislatyro orroro+oo |