The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-06-30

Ths Lieut. aoysrnor In ths CHAIR

JuSE 29-The Mandaaus-Nlr. O'CosroR resumed his
argument behalf Of the Mayor He contended that
oath could not be administered until return had been
presented, while the other side the law rendered il
nghiy penal for any person to lfemp fulfilling the du
ues oil an ONCE before he had been in. Mr.. orc c
led many in England and this country tending
show that the Mayor was not authorised in the
omcers Oh the sixth Ward before return had been
sented to him. and that those officers in sndeav orng
take possession without the oath being administered
gutJ OF usurpation for which they could be deprived
Son writ oil quo warranto Of any benefit which might
have accrued to them from the election In relation
the swearing in by the Recorder, it wholly illegal
Not only was he unable to administer the oath while the
Mayor and the Clerk of the Common Council at
their posts but he did so this time in anticipation Messrs
Crolus and Atwil anxious to be sworn in that
they called the Recorder up midnight previous to the
day OF the organization of the boards lest he might
be on hand when required The Recorder them
ADVANCE oS the law provides that the boards shall
meet at certain time, at which time the members shall
be sworn in So far from the Mayor being absent
ties while MIR. Atwe the contrary dismissed him by
saying (after unsuccessful application to be qualited
companed by eight others, the Mayor still remaining.
The Mayor also continually at his Office. MIR OC.
did not think this absence the Kind contemplated by the
statute, causing the contingency when the Recorder
would have power to act Mr.. OConnor alluded to the
charter of the city and conended that power hold
over" taken away the revised charter of
He alluded to the importance of New York, which
tanned more wealth and population than many of the
States than many two of the States-sueh as
Rhode Island, for instance which had more I'm the
Sixth Ward, and which resembles it in fighting Popen.
sites. Mr.. OC said his friends in that ward
|
haps than many gentlemen present. Mr. orc. was
and we believed raised" in the ward After de-
sons he said were seldom disturbed except where time
as in this case had not beer given them to examine the
facts in the case he emphaticay called upon the Court to
the decision He concluded his long able
gument little after one O'Clock.
Mr.. FoorE then behalf ofthe reators. He said
having been reared and become attached to the prn
cpe that the will ofthe people, expressed through the
ballot boxes should rule that principle has become hal
lowed to him; and do not said Mr. f. stand alone for
w " hear in
which true American feeling prevails whether native
adopted is the basis which rests the destiny of
long line OF persons yet unborn and its glory its self
sustaining power Its necessary and only foe the jea.
lousy and lust OF in his conflict for personal aggran.
disement. These sentiments struggling against
have s Far the ascendancy but their power not fully
eye the land turned with deep anxiety anxious
to do duty faithfully before this tribunal and the pub
c 1t not so much decide which of these two sets of
gentlemen shall flthe places in dispue-though that
important connected with the peace of the city-but
the great principle involved The whole OF this question
turns few facts and know that facts stubborn
things 1t has been said by the counsel the opposite
sde that the Mayor did not contest the facts before the
| Supreme Court, but such is the case. We were
obgedlto lay full statement before that Court and the
Mayor, lawyer as he well knew that all would be
unless specially denied and he did every
What are the facts? On the 18th April the election
took place. and in the first district othe 9th Ward equally
with other districts every citizen DESTROYS Of doing
his vote After the election the inspectors counted the
ballots and hound them vary only two from the poll
books Alter leaving the room, and returning they took
them to the office OF the Mayor, counted them again,
and found that not Of them had been lost. Not
of those inspectors did his duty except Mr.
Worrall He made return. No return made by a
majority of inspectors Of the first district if made it
suppressed The four inspectors zone from each dis
trc TO meet the next day and compare the
Nothing done that day, but the llh MIR. Sim
clair and Mr. Lyons made out the spurious 1t
made out the 18TH but held back till after the
raj had met and the result in the city had be,
come known. The return OF Mr. Worrall correct.
The four Inspectors required to the
18th and make their return. The Supreme Court have
decided that from the evidence before them appeared
that Of the ballots the floor but in the box
and that Of them had been touched but agreed
with the number previously, counted after they had been
taken to the Mayors office. They counted there
and found to be correct, and the return Of Mr. Worra
true in every respect Messrs. Roome and Heath
elected and entitled to be in, M,
Crolus and Atwe. The latter gentlemen entitled
to their seats because duly suaed and proceeded to
the duties of their Office In pursuance Of this
Messrs Taylor and Williams appointed clerks of the
respective Boards and have therefore full and legal title
to the situations having been fairly and legally elected
Mr. FoorE proceeded in pow erul and brilliant strain,
meeting the positions Of his sklil oppoLen step STEP
anmadv erng in terms upon the conduct of the
majority Of the inspectors, and upon the Mayor. TWAS
expected he would have concluded his arg last
evening, but little before he became indisposed and
the Court adjourned to 10 O'Clock this forenoon.