New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-03-01


raj issues; he should speak to the r.
titutionaI questions which were iii tIle csss
Ie would in the outsets lay down twp proportions
rom which he might occasionally depart, but sfks
he needle Of the compass he would besare Is rsFp
o the starting point. Though he eeousa mfs syneeS
oy the most elaborate discussion Of the Hposftfog
attained in the discussion BY the bowl players sfaSs
he mendieantin sIeotts stofv q Tie Affiqisrg'
Ior in that sase when al haa been said bo sides,
g pronounced the moderate and healing fF
the disputed case was a drawn one. He could
gect no such Judgment the minds of Democratic
made; it only wanted to be pronoarlesa II fenas. y
sage on its final reading Of the address, ReferTinr
to this extraordinary measure and tile exraordinary
manner q % WHICH + Vas pressed upon the Senate, MI
ae ass ssTs Z ssrss ss s!s IL as ss Is
s. an NJ f6ossh 5aais neisa aisnssr rife fee Us
The first proposition he should slay dasg MAS
Had the Legislature Of Louisiana the rinhtsn ySneve
civil officer on account of matters which oeeur
since, but before be was placed in ofiee2 The sena-
tors advocating the passage Of the address invoked
the s7th article Of the Constitution. This sid he,
was the keystone Of the arch which they had rased
He asked if that article was not to be construed with
reference to other articles Of the An
other article, the s9th, commanded the
Legislature to provide by law for the removal bv
indictment otherwise, of all civil ocersother than
those specifically Yet this article ii over
ridden or wholly disregarded The emergency of
bly, of the unrestricted power construed TO be given
by article 80 and, under that, the gdinary
assumption was made that an officer might ba re-
moved for causes anterior t1ds election with which
he may have had Connection yand over which faSs
had nozcontrol! Insanity it was alleged was sufsz
cient cause for removal True said Mr.. b. but fIIis
insanity, to constitute Sufficient Cause for removal
for "a cause attaching to him II his capacity ns O.
"oticer, and not for cause prior 70 bis becoming
an5oficer. lss5- - s%s
construction which leads to absurty to great injury,
which is at war with the nature Of our institutions.
rejected ard that is which il reasonable
and just in itself, and with the genius
and character Of our Such a eonstruc-
ton themajorty that floor not give to article
o. could never upon such rules Of Interpretation,
leave the control Of the electoral vote Of
the peope5to majority of the members of the two
4 Houses of the General Assembly. This would give
them power scarcely short Of omnipofance, power
which, like the Simeon Of Syria or the srocc0
Lyman deserts, would sHeep over the land la1
sistbIe. SLooks Sid 1frB at
tuition; read and 81. The aameds
provides that Iaiya he made 10 exclude from
Office those who shall be convicted sof bribery etc.
It provides also, vegesof free suffrage
shall besupported bf laws elections, and
prohibiting under adequate penalties suntIue nfu-
ence thereon from power bribery and other
improper practice Reading these three articles in
connection, and unbiased mind. can arrive Ut no
other conclusion than that the Of the Gonstl-
4 tuition intended by the 9th article power
in the General Assembly Wag to Pc used only
under peculiar circumst ces when IgN and exs
traordnary emergency shonld sdeIlsn its exerese
when there is toaI:Hant Of law fof henergeney
"a omissus. But there is no such emergency
in this case, There no such silence OF aFys We
have laws regulating elections = isa!Ipporting the
adequate penalties ali undue influence thereon from
power bribery stumult etc. Under laws Hufty
has become Sheriff; under themsthose who, at the
last November election in Orleans interfered by
tunult and riototis proceeding the privilege Of
free Suffrage, should have been brought to adequate
punishment. There is no cdsus o1nissus.
l. But what are we now about to do? YOu say Hufty
obtained his office over broken bafiot-boxes Admit
it therewas law for the punishment OF those who
were guilty of these. .outrages: But shall we punish
the nnocentfor the acts Of the guilty Hufsy, it is
not even alleged, had any connection with control
oyer those who were guilty of these acts of volences
he has since he was placed in Office discharged its
duties as became him in every particular. Yet you
visit upon his head-innocent, un0hendngns he is
the retributon due to Others under laws of your own
enacting! Is this right? Is it justice? Is It repub
lican? Senator's said Mr.. b. in the recesses Of your
hearts do you not feel that this is Wrong-a fagrant
wrong .a f. sevrs %ssa aa555s 5@%sg
Major Hufty, it is alleged, obtained the Office Of
Sheriff by means of broken hallotboIes. Let that
be assumed 3: there was law, and that law enacted
in pursuance of the Constitution which made provi-
sion for the conestation of his lights to the office.
His rights contested tile question settled The
case was in the srictest sense res jdieata and IL
he called on to argue this point before the SUI
preme Court of the State he would not falter. He
repeated the question was res judicatG, as to the
State, the commonwealth Of Louisiana, as well as to
Bell and Hufty. The wording of the Act of 1855
itself-reqnIing that Ia specific number of qualified
voters shall join in petition for contestation be-
fore any action can be had upon lt-shoWs clearly
that it was intended by the trainers of the law to
make the people party, and a principal party, to
the eontestation. -s-s syss
As to them, therefore, and the Commonwealth Of
Louisiana representedby them, the question was res
udicata It was clearly the intention of the Law to
make portion of the people parties to these ques-
tons of contesaton for the express purpose ofrepre
sentng in their capacity of citizens the sovereignty
of the State of Louisiana. Every element required to
make out of res judicata was present in this
case The State was party, the main party, By the
provision Of the law ITSELF to the suit against Hufy
That suit was decided in his favor; he holds the of
fee, says the verdict Of the jury legally the State is
wholly and forever preeuded from raising the ques-
ton Of the legality of his election. But Hufty must
go out nevertheless the dominant party have deter
mined it. Having failed in one effort the s7th Ar
tice is invoked to their aid He would ask if it was
competent to do indirectly what they were prohibited
from doing directly? Thy wish Harry, is father to
, the thought" So it is with the majority. They
,oish-aye, are determined-to get Hafty out of Of
fee and they think they see in Article 81 q power
given them which enables them to do it, Thus, by the
force of party law is overthrown the Constitution
dsregarded, and the principles of liberty, as main
tanned and protected by law and by the Constitution,
stricken at the root But said Mr. B., such an afbi-
trary course-such usurpation on-would not long have
success. It will soon run its course. aYou cannot,
he exclaimed, pull down Justice from her seat on
high"
And now word in conclusion, said Mr.. b. in regard
to the question Of the expedency Of this measure be-
fore the Senate. Assuming that the Constitution
vests the power in the General Assembly to remove
Mr.. Huty from Office in the manner proposed are the
circumstances of the such to demand impera-
lively the exercise Of this power? Was it not case
in which forbearance on the part Of the majority
e would be a virtue rather than a fault? Would not
l. such a course save enmites and prevent state OF
feeling that might result in consequence which all
. would lament? Remember, said he, our deeds OF to-
t day will be recollected and scrutinized many Day
hence. The time will come when the troubled waters
: will be camed-when the strife of party VIII apate.
y Then, he was persuaded gentlemen would see thls
question in different light. He only hoped shat tne
their consciences would not be visited BY TOO
and bitter compunctons that they ever gave thelc
ia support to measure so yioative OF the pfnepes OF
~ right of law and of the Constitution.
u The following the expressions Oh MI fo&
1--WE Before upon the consideration OF this
1es,in canuo expressing SURPRISE that those VINO
ed sit against he Ministry should have been hitherto
Silent in this debate Common candor might have Taught them
Vi oion Of nv honorable before this time because in that
n case should had opportunity of replying 10 their ar
of nents and surely would have been fair to tina
o eht favor being speaker snc subject But
s have expect indulgence do know hat
~ shall meet with bare justice in this House Sir that
lie have expect do know hati a
n meet with bare justice in this Hense.'t r -
off hy