LIBRARY OF CONGRESS 014 544 140 7 ^ 374 G28 opy 1 A DDRESS r-TTA'RTT''; (;\\u>i!l THE PEOPLE OF THE STATE. TlIK LATE FHAUDS ]>i;i;im: ii; \ r :lection Held oik the 7lN \ TO THE PEOPLE OP THE STATE OF LOUISIANA. Oil the Ibtli of Septcinbcr lust, I autliorizcd some of tlic public journals in the city of New Orleans to announce me as an inde- pendent candidate to represent in Congress the first Congressional District of the Stati-. In my address, of the same date, to the voters of that District, I explained the causes Avliich, in my opinion, had compelled me to take that position, and I used these observations amouo; others: "It may be asserted, ivithoutfear of contradiction^ to be the gen- eral and deeply rooted belief, that, in the first congressional dis- trict, no one has a chance of being the nominee of any conven- tion, unless he be sup])orted by about fifteen or twenty individuals who compose, it is said, an irresistible oligarchy of leaders, and unless, to secure a majority in the convention, he should resort to such means as would altogether be inconsistent with that loftiness of mind which must characterize the man Avorthy of being your representative in Congress. Be this belief well founded or not, it is undeniable that ii is universal, and hence the necessity of its being taken into consideration by me." Let it be remarked that these broad and public assertions stood uncontradicted, either by the press, or by any other authority. The fact is, that it was impossible not to admit truths which were as clearly revealed to all as is the light of tlie sun, and the conse(|uence was, that, with the approbation of some of our most distinguished democrats, who have ever been unimpcached and are unimpeacliablc both in their public and private life, I positively refused to allow my name to be submitted to the Convention, and to abide by its decision, despite of the most earnest entreaties, and of the most solemn assm'ances that care should be taken to send such delegates to the Convention as would secure my nomination by that body. These entreaties and assurances could, of course, but confirm me in the conviction, that there was only one honorable course to pursue — that of making a direct appeal to the people — as I did. The Convention met under these peculiar circumstances of sus- picion, and nominated Judge Dunbar as the candidate, in the first District, for congressional honors. The people were taken by surprise — so much so, that one of the democratic papers of the city, whose editors arc known to be the nominee's personal friends, could not but observe : " how the judge came to be nominated is a puzzle.'" And was not, indeed, that nomination a jmszle to the people of that district ? Who Avas Judge Dunbar, and what were the merits that recommended him to the choice, or even to the notice of the Convention ? I wish to speak tenderly of that gen- tleman, but the necessity of the case compels me to be accurate in the sketch I must draw, in order that the logic of my argument should derive its main force from the imdisputed evidence of the facts ; and should no perfumed drop of courteous praise, so grati- fying to the cravings of self love, be observed to drip from the close analysis I undertake, I hope it will not be attributed to any malignity of disposition on my part, or to the want of a proper desire to find out the required ingredient, but to the dry sterility of the subject. When it was announced that Mr. Dunbar Avas the nominee of the Convention, a few individuals remembered that he had come to New Orleans some twenty years ago, and had plodded so obscurely at the bar that he had found it to his interest to remove to the Parish of Rapides, as a smaller theatre where his aspirations would be less obstructed by competition. I have an indistinct recollec- tion that, from that remote section of the State, he was, once or twice, sent to the Legislature, then sitting in New Orleans ; but the part which he acted in that body failed to awaken public atten- tion, and it would require very active researches to discover, within the breadth and length of the first Congressional District, one solitary individual who could say, that to him the legislator had not remained as unknown as the lawyer. Such was the compass of the distinction acquired by Mr. Dunbar, when, on the 9th of July, 1852, he was appointed to fill a vacancy which had occurred on the Supreme Bench of tlie State by the death of Judge Preston of the Parish of Jefferson. The court was then composed of four members, and the three otiier incumbents were Judge Eustis and Judge Slidell of New Orleans, and Judge Rost of the Parish of St. Charles. Thus all these Judges were from New Orleans, or from its immediate vicinity. No one who is acquainted with the power of sectional feelings and with the intensity of that jealousy "which is said to exist between the lower and upper parishes of the State, will, for a single moment, suppose that Governor Walker, of the Parish of Rapides in the Red River District, could have selected the fourth judge again from the same favored territorial circumscription. It was evident that there was some other portion of the State entitled to be represented on the Bench, and Governor Walker acted with propriety, when in the person of Mr. Dunbar, he, on the 9th of July, 1852, selected, as the successor of Judge Preston, an individual who was looked upon as a denizen of the Parish of Rapides. This is confirmed by the course subsequently pursued by Judge Dunbar. On the olst of July of tlio s;mie year, anew Constitu- tion was adopted for the State of Louisiana. The article G4 of that instrument, says; The Chief JuHtice ahall be elected by the qwillfu'd eh'ctors of the State. The Lerjislature shall divide the State into four Districts, and the qualijied electors of each district shall elect one of the Associate Justices. Tlic obvious intention of the framers of the Constitution was, to afford the opportunity, tliat every Judicial District be represented on the Bench by an individual connected with that district by the ties of sectionality and locality. Can it bo supposed that, of all the candidates for judicial honors, Mr. Dunbar would have been the only one who would not have thouglit it a glaring impropriety, or at least a hazardous experiment, to run, out of the district to which he really belonged '/ And had he been domiciliated, or known to be domi- ciliated in New Orleans, would ho have felt justified in soliciting the suffrages of that portion of the State most remote from the city, and to which ho is now said to have, for some time past, pre- ferred it, as a more eligible residence and as a place of more refined social enjoyment ? If he had not been looked upon as having, in reality, all his interests and affections in the Parish of Rapides, and as being a Red River man, would he have been so handsomely voted for in the region which he is alleged to have deserted ? Can j\Ir, Dunbar conscientiously believe, that had he been a New Orleans man, and had he been the most distin- guished jurisconsult that ever existed within its limits, he would have been supported at all in the 4th Judicial District, as a candidate for Associate Justice of the Supreme Court ? Nay — Avould he himself have ventured to come out as a candidate ? The conclusion is inevitable, that, on the 4th of April, 1853, when the election took place, i\Ir. Dunbar must have been believed, or must have represented himself, as being identified with the 4th District, and not at all with the 1st, within which lies so considerable a part of the city of New Orleans. Mr. Dunbar was not elected to the Bench, but, under the ap- pointment given him by Governor Walker, administered justice as one of the Supreme Judges, from the first Monday of Novem- ber, 1852, to the 20th of April, 1853. lie performed these func- tions in the 1st District, and they did not make him more exten- sively known therein, personally, or as a judge, than he had been as a lawyer or as a legislator. As he had the reputation of pos- sessing talent, it Avas expected that, during the six months he acted as judge, he would have grasped at some opportunity of dis- playing, in some important legal decision, the so far concealed treasures of a powerful mind. But, generally, he remained satis- fied with moilestly concurring in the opinion of his colleagues, and the few judgments which he delivered are neither remarkable for any profundity of learning nor any elegance of diction. Before ascending the bench, it is said that Mr. Dunbar had, for some time past, resumed his profession at the New Orleans bar. But it is very difficult to ascertain the correctness of this assertion, in as much as, among the numerous jurors who attend our District Courts, none have as yet been discovered who ever heard the sound of his voice in any case at all, and his name never or seldom ap- pears on any of the dockets of those courts, or of the Supreme Court ; and, wliatever may be his talents, I certainly shall not be contradicted by the bar, nor by the public, when I affirm, that he kept them roosting to his breast, and did not permit the eaglets to fly from their nest. Oi)scure as a lawyer, in the first district at least, and not more conspicuous as a judge, he kept himself in the same glimmering twilight as a politician — so much so — that, before his nomination by a Democratic convention, it Vv'as known only to a few individuals that he had, not long since, belonged to the AVhig party. Nor can it be received as an evidence of the posses- sion of any great intellectual faculties, that the professional gen- tleman I speak of should have lived about twenty years in the midst of a French population, without having, not by study, or any mental effort, but merely by the natural process of assimila- tion, or accretion, acquired some knowledge of their language. Admitting that, on that point, the promptings of interest Avere never felt, or that the antipathies of taste, or the wayv/ardness of inclination were more readily consulted, yet it is evident that the common observation, that a capacious mind draws within itself, by the very law of its organization, and on the principle of at- traction, every sort of knowledge which may be within its reach, is not applicable to Judge Dunbar. So far as it can be ascertained, Jud2;e Dunbar never was known to raise his voice, in the 1st District, in favor of the De- mocratic party in any popular assembly, nor has it been possible to discover, whether the judge had at least, and in the last resort, thought of possessing something in common with his fellow citi- zens of the 1st District, by having consented to make some invest- ment therein, and thereby sharing with them the burden of taxa- tion with Avhich they ore crushed. I am also compelled by the drift of my argument to remark, that the judge appears to be of a retired and saturnine disposition, and that, previous to his nom- ination by the late Convention, he was not known, even by sight, to one out of a hundred of his present constituents, and, therefore, could not have been picked by the Convention on account of his availability and his possession of 2^c^so7ial 2yo2mlarity, Nay — so little known was he in every way, that, when he suddenly emerged as a candidate from the Avomb of the Convention, the question was seriously raised whether he was domiciliated in the 1st Dis- trict ; and it could be answered by no body, except the editor of the Louisiana Courier, who favored us with the information, that the judge rented a furnished room in Dauphine street in the first District, and took his meals at tlie St. Charles in the second, and thus occupied a dubious position of equilibration, or of suspension, like Mahomet's coffin between heaven and earth — so that those ■who were not familiar with the provisions of our laws which refru- late a man's domicil, were as sadly puzzled in relation to this matter, as they had been about the cause of the judge's nomina- tion. Was the (|uestion to be decided by the 1)cd, or by tlie board? Which was the more important function — that of taking nutrition, or resting in sweet oblivion of the cares of existence ? Whatever be the requirements of our code on the subject, one thing is cer- tain, that, if the judge lived Avith us, it was mostly during that portion of tlie day Avhen the consciousness of self is lost, and that this circumstance could not but rul) off some of the merit of the intended compliment, particularly whilst it is remembered that he preferred the 2d District, at those hours when he resume