New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-02-25
WERTs n FS DIT MFR. Ia. g. BIsICE,
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AZ y#s of New Orleans
Weawere unable for want Of space yesterday to give
Mr. Brite's remarks made in the House on Saturday
The 18TH in the concluding discussion on the Hufy
case: We therefore give them this morning:
MI. Brice rose and said lie would not again have
tro1bled the House with any further remarks upon
this question but for the necessity placing properly
before the House the position assumed by the Aeri
can party, and the Importance Of replying to the re-
marks of the honorable member of New Orleans, (Mr.
Senlmes.) He believed that every position assumed
4 BY that gentleman was untenabe. He would onlyre
ply to few Of the most important positions assumed.
He was sorry that his health would not permitlm to
reply more at length.
He said the g address y had been discussed with
some feeling thus far and the remarks Of the various
members, however expressive and animated, he hoped
would not be construed personalor produce unknd
feelings among the members of either party.
He said it was his desire to treat the address as
it deserved without casting any reflections upon the
members of the other side, in the least degree at
tempt to mpugn their motives; He said that the acts
of the past were matters of history he EefeIlea 70
them as SUCH and if they reflected no credit upon me
party in power, it was not only to be regretted put
when their acts or when they had been dereiet In the
performance of their sworn duties, aud injustice and
crime had resulted teIero, that such conduct justly
deserved severe rebuke Hehoped however jealous ID
the support Of the political feature of the subject the
1 members NAV be, that they would not permit Their
partisan predjudces to actuate them IN Their vote,
but allow their reason and common sense 10 declde
their actions He said the precedent about to be es-
tabshed was not only unprecedented i'll the annals OF
this repblic but of the most dangerous and fear
full and fraught with the most'serous consequences.
And be would assure them that the citizens OF the
State would ever remember Tie act while stone OF
the fair fabric Of our nationality existed Another
blot is to stain OUT escutcheon there to remain an evil
dence Of party power. He had no doubt that the ad
dress for removal Of the Sheriff OF the parsh OF W
leans had been decided before the commencement of
the present session of the Legislature. Upon this
subject there was not shadow OF doubt; that the
present members were merely going through form
thus to give semblnce and force 10 thelr secreryde-
liberated determinations.
He said the gentleman had charged the American
party with an attempt to deter them and intimidate
them from their purpose but the charge without
foundation. No one that had manifested anysueh de-
sire on the contrary they desired that the party
would proceed in their improper and unconstitutional
conduct, uninfuenced by any such imaginary fear
They had the power, and any act necessary to the
accomplishment OF their purposes could easily be per-
formed He thought the remarks of the gentleman
from New Orleans in regard to his bold and fearless
determination to perform what he conceived to be his
duty were entirely gratuitous. unless he (r Semmes)
desired to present his party with evidence of his
Southern chiyarc spirit and such exhibition Of brave
ry, and willingness to become martyr for his party,
stone to be used for his future personal elevation
he remarks could have possible bearing upon the
question under debate Mr.. Brice knew of no nsin-
uations being made by any member Of the American
party that could induce such remarks. He remarked
that the wicked feeth and wrong-doers cry danger
before they are hurt, or any one pursues them. He
would not for moment insinuate that any Of the
members of the House could be classed with such
and therefore, the only liberal construction to be al
lowed was that all that part of the gentemans re-
marks were for personal advancement or for " bun
comb.H
Mr. B. said it was true that it had ,been intimated
that the high handed measures of the Democrats in
thus addressing the present sheriff of the Parish of
Orleans from Office, might result in serious conse-
quences to New Orleans. But that such remarks
should have been construed into an attempt to use
personal violence to any member here, is but to
else stretch Of the Imagination wild as their
structions Of Of the articles of the constitution,
are novel and unsupportable Unworthy as these re-
marks OF the gentleman are OF notice. nevertheless,
Mr. B. deemed reply necessary, because of the high
source from which emanates this unwarranted charge
| of Intimidation. He would proceed to discuss the
more important positions assumed by the gentleman.
Mr. 3. stated his astonshmentat hearing the Legis-
| lative body was invested with judicial authority.
| The Hon. member would certainly not wish to rest
his legal reputation upon such an opinion, and surely
no sane mind would derive such an opinion from the
reading of the Constitution. The position, if true,
would be subversive of the fundamental principles
of our government. He said the departments of
government in our State were three, and were
distinct from each other by express wording of the
LIST Art. Of the Constitution, which declares that
each of them (he departments) shall be conided to
separate body of magistrates, those which are egis
atve to one those which executive to another, and
IL
legislative assembly, how could it, under this first
article exercise judicial authority, except by utter
disregard of the organic law? This address Il is
styled judicial proceeding! He would ask if there
is a man within the sound Of his voice that enter
tanned the belief that the action about to be taken in
| this case is judicial proceeding? Is there child
that has read the first article of the Constitution
of our State that could be so deceived? A 14egisla
trre exercising judicial power in this Republican
! Government OF ours! He warned them not to deude
themselves or attempt to hoodwink the people, anG
expect they would sanction such usrpation Of power
as resides alone in the supreme judicial tribunal o.
our State. To style their act judicial proceeding
| was missioner; they certainly intended the appro
PIRATE title Of ''inqusitional tribunal court While
sitting in Judgment on this case he thought this the
propertitle.
to the constitutional powers delegated to the Legisla
ture. He would only do again so far as was neces
sary to answer the forced construction of that nstr
| ment by the honorable member on yesterday. En-
PEASANT he would remark that he did not believe thu
gentleman would endorse the remarks of the menlbc
from Natchtoches (bIr. Hamilton) that the Legisa
tule superior to the organic law, the civil cod
and the statutes of the State. If SO, there is an enc
to all controversy, and the dominant party are fret
from the charge of constitutional violations on TIN
plea of their superiority to law. He thought it would
be difficult to learn to what they were amenabe, a
their private opinions or reudces were as various
i their feelings were obnoxious to American principles
The plea of superiority Mr. B. thought too absurd tt
require notice. but he must conclude that of thu
Democratic members really entertained such mista
ken belief, as their act would be eXp lanable an,
other ground.
Mr. Brice said the assertion Of the honorable mem
her, that judges could only be removed for malfeasac
nisleasance in Office was also unsupported by tn
organic law article 70 of the Constitution read tina
the judges of all courts shall be liable to mpcac
ment but for any reasonable cause which shall no
be sufficient for impeachment the Governor shall II
move any OF them on the address Of threetourths
the members present Of each House Of the Genera
!, Assembly"
The article upon which the party principally restc
their right thus to address u sheriff from office wa
the 9th. Mr. B. thought that it did not support til
higll-handed position assumed by the gentleman no
it eyer intended by the trainers of the consttr
ton to delegate such powers. TIA sheriff was civ
officer in the sense there used he could only be reache
and addressed from Office for maeasance or gross nj
glect of duty. This was, beyond doubt the intentio
of the trainers of the instrument. As to the mode
obtaining that office, article so declares he ''sha b
elected by the qualified voters of the parish. ThG
Mr.. Hutty was officially declared so elected Mr.. !
presumedno one would deny. Nor does the article sa
it shall be by majority of the voters OF each parish
1t read by the Qualified voters, and there is not
shadow of doubt as to Mr.. Huftys receiving that cha
acter of votes aone But add to the official declare
ton the judicial confirmation Of his election and NJ
B. thought his right to the Office of Sheriff was place
beyond the power of this Legislature to question:
Having obtained the office of Sheriff in conplianc
with the requirements Of the Constitution, being off
clay returned and that return confirmed by iudiciS
investigation, to go beyond these, it would be nece