New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-08
WHAT CONSTITUTES AN OFFICER
WAS NASH A SHERIFF.
New ORLEANS. June !. 1879.
EDITOR .REpUBL1cAN:

NEW ORLEANS. u Opc .. tS| J.
EDITOR REPUBLICAN,
In an article Of the third instant, you
have taken up the question ''What consti.
tutes an officer - in reply TO my cOmmUni-
cation Of last Sunday, and eoncede the cor
rectness of my argument. but yoI enter
into the other side Of the question the obi
cations resting upon. and conditions pre-
scribed by law for an officer, before he can
enter upon the discharge OF his duties. To
that have simply to say that. Inasmuch
as that side of the question was not touched
By me. being no part of the appointment.
but conditions antecedent TO entering upon
the active discharge OF duty By an officer
already appointed. il in no manner detracts
from the force OF my reasoning, or lessons
the correctness Of my proposition. and ap.
plying as you do the general principles OF
the case Of Mr.. Nash. am inclined TO
think that. IN the case CT sharifs. tue
theory is inapplicable. for the reason that
they are provided for by positive special
law. leaving no room for speculative theory.
and can NOT consequently be properly cen
sidereG a. coming under the general rule.
as l shall. endeavOr to show. ..
Referring, however. to the case of Mash
and the COlfax massacre. 1t Is painful to
witness the iabored efforts Of the Demo.
cratic press. especially in thi. city, to white.
wash the leader in that wholesale human
slaughter under pretense Of color of Office.
and give the butchery committed by him
and his co-s'aughterere from distant par.
ishes. on whom he could not cal! even were
he properly in Office. the appearance .: be-
ing done under Lawful! authority as sheriff.
authorized 10 summon posse 20 suppress
and dispense tumultuOus and rlOtOus as.
sembly. Let US see how far MI. Nash can
invoke thu Hg;S OF the law o. peace officer
for the protection of himself and followers.
and 20 that end shal! apply the positive
written law OF :his State now II suli force
and visO--a law enacted in 1855 by " TIL.
people when State legislation was the ex.
and in no manner controlled OK influenced
by eithe. ''scallawag," ''earpet-bagger. or
"n.ggec." aud il IS but tsi: ~ presume. con-
seauent!y fau!tless.
section .55a. Rays Revised! Statutes. pro.
v:des that al: officer, sia.: take the oath
prescribed By article 100 OF the constitution
before entering into office. which oath.
when taken by sheriff, snail be filed IN
the Office Of the CLERK Of his parish.
Section $40 provides tina. any person
who shall presume tc act as sheriff without
having thus qualified shall forfeit and pay
$500. It is not claimed Tor Mr.. Nash tha:
he complied with this requirement..
Section 1888 provides that sheriff. other
than in the parish of Orleans shall each
furnish bond Of $4,000. which shall be re
corded IN the book Of judicial mortgages
in the Office of the recorder OF the parish
for which they sinai! have been appointed.
I have no: heard !: claimed for aim by
even his warmest advocates that he CON-
piled with this obligation either. and yet
section $40 declares /. - be ar indic.abie
otfense punishable with fine of not iess
than $1,000. and imprisonment no. less than
six months, to- any person 20 proceed TO
exercise any Of the dE.ies o. sheriff unit:
he shall have furnished this bond.
Again. section 35i provides the manner
and BIZ whom bonds shall! he accepted and
approved. and section 81 provides that an :
person whose duty: is 20 receive or ap.
prove the bond OF any sheriff shall no: re.
ceive o, approve such bond Intil he sha
have exhibited commission from the Gov.
ernor. Now as Nash never received a com.
mission from Governor Kellogg. whose ap.
pointmen: IS pleaded as hi. RICH. to the
Office. he could not have exhibited it to the
recorder. the clerk of the court and pces.-
dent Of the police jury OF his parish. whose
duty it is by law t. receive and approve mis-
bond, and under section :3.J they co1ld not
| approve his bond even had ne rendered it
without exhibitin. his comm .ssion: the
| bond could NOT. consequently. be furnished.
| for IL can not be considered furnished until
first approved as per section 81. ana. as q
legal con sequence. he could not proceed 20
act as sheriff for By SO doing he would. IN.
der section $40 Re sub; 20 indictment
and fine o: not less than $1,000 and impri.'
Onmens for not less than s:y months. which
penalties may he increased .. the Jiscre-
! ton OF the court.
There j. no speculation IL Tai. arsumen.
but the positive present written law OF The
State which 10 binding upon every one.
from the highest 10 the lowest: Is applied