New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-07-04
The unpdn nm rs Alarmed.

L HYnfd-We
vote Of this highest tribunal IN the State. More
even than at the rgnal decision IN the court be-
| oz,. pras,ing the writ Of MandamBs, are We re-
oiced at thi. result 1t rcbukes with severity
which must be most kconly felt the course OF TIM
Mayor and his official corps in factiou-y o1struci-
ing, for more than two months, the course Of JUS
tcc and in bidding defiance, by all the arts OF ie-
| gal jugglery, to the plainly expressed Wi! OF Tire
people Of this city. The question has nov been
| brought before every tribunal which in any way,
can have jurisdiction over it. Every attempt ha-
becR made to take advantage OF political and per
soma prcudices in bringing about the desired re-
suit Judges known to possess feelings Of strong
sympathy with the defeated party have been al
dressed By able and eloquent council in the heated
language OF parry politics; and every effort posi-
Die under cover Of lac, has been made to sanction
| the action Of the Mayor and his hold-o'er s-.so-
| ciates. Yet they have one and all proved utterly
| frutless. Their pretended reasons have been de-
| feated BY their chosen Judges, and the ut-
broken voice Of all the courts in the State has pro-
nounced their conduct Illegal and uttorly without
Justification. Most profoundly do we exult over
th. most righteous judgement. 1t strengthens our
confidence in our courts Of justice. 1t increases
respect for the sacred forms Of Law. 1t points US
to tribunal, in our mid. where the breath of party
bias and party feeling never distubs the calm foun-
tain Of Justice. II redecms the spirit Of our free
institutions from thousand reprolcles and plants
the cause of Order and Of Law upon a firm and
enduring basis.
| The question was argued at great length and
with consummate ability. The decision was given
| at about IL O'Clock VI. on Saturday. Chancellor
WALwoRTr read an extended opinion in which he
gave the following reasons why he should vote
for affirming the decision of the Supreme Court.
l. The Mayor was authorised by Statute to adj
minister the oath Of Office to the Wing members
claiming to have been elected.
.. The Supreme Court had n right to go behind
the returns and ascertain whether the REALTORS
were elected-else they must award the Manda-
mus without inquiry.
;. II is admitted that Crolius was elected Al
dcrman of the Sixth Ward and common law and
precedent both establish that this is to be dcci-
ded by the votes cast and not exclusively by their
returns.
A. Had the votes OF the first District been lost
thi. would not have vitated the election i'll the
other Districts. And the return OF the District
Inspectors WINS sufficient TO authorize the officer
20 administer the oath.
8 The Chancellor could not. however agree
with the Supreme Court that the Recorder had
any right to administer the oath of office to Cro-
lius as Alderman before the first meeting OF the
Board of Aldermen. But having been elected and
entered upon his dutie, CrolluS is Alderman dc
facto though not legally sworn.
6. Shaler had no right whatever to hold over in
his office.
T. The case of the other relatsrs Is subsian'
italy the same as that of Crolius.
g. The Mandamus does not prohibit the Com
mon Council from inquiring into the validity OF
the election of any of its members.
The Chancellor was followed by Gen. Roor,
Mr. FuRMAE and DICKINSON who conceded, ex-
cept in the point we have designated as the 9TH
Mr.. FOSTER agreed with the Chancellor. The
vote was then taken aud erery member present
80 IN sumber-uoted IN tarOr Of affirming The
decision of The Supreme Court granting The
| .Mandaa,us. Only two were absent, Me,srs. lay
LoR and VARIAs, and the latter sent IL his vote
also in favor of affirmation. Thus is this great
question finally put to rest for ever. All honor
t. the Judges for their finn adherence To the
| Right
CLAY MEETING IN BRooxLYS.-The Wings of