Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-06-04

where as in this ease Il 10 mAie clearly to spreas
that the vote OF that District would make no differ
enee in the general result
In short all the points involved in this eontrover
| sy are decided precisely as the Wings have from
the hrs, eoniendedi and the effects Of the decision
are follows;
I. The Wings have NINE legally chosen. iudis-
/ putable Members O. each Board of the Common
Council against SEVEN Loco Focos and the candi-
dates pIehictket into either Board from the Eighth
Ward by official colonial lion and the destruction OF
legal votes. who Will legally hold their seats until
| scrutiny Of the Election can take place, which Is
certain to unseat them, and admit Messrs. Gedney
and Sweet. wings, who were clearly chosen by
majority of the legal votes.
2. Messrs Crolius and Atwel are At this moment
the legal we'll as Ightiul Aldermen OF the Sixth
Ward, and legally swotn into Office.
J. Hold over Shaler is relieved from all official
responsibility under the Government of the City,
and at liberty to accept commission in the Dorr
Volunteers. lie can be recommended as likely to
stick TO his post
1. Oar friends Brennan, Heath. Roome, sc. are
the legal Collector, Assessors, &c. OF the Sixth
Ward. and the Mayor is commanded to swear them
in forthwith. Should he persis, in refusing the Re
corder can legally swear them IN at once.
5. The existing Wing organ cation OF n ,ru Boards
| is stricly legal and Joseph X. Taylor has for
weeks been legal Clerk OF the Board Of Aldermen,
and Edward Williams Clerk OF the Boird OF Ass s.
tants. Messrs. Willis and Patterson stand back.
The Common Council now iudcial;y WING
! in each Branch, being already duly organized in
each 10y the choice OF Wing Officers. my and
6oibtless will convene forthwith, to assume the
Government Of the City and commence the work
OF practical and thorough Reform.
Such are the results Of this momcntous decision
We know that IN pronouncing it the Court has
done no moro than simple and exact justice. but
the circumstances under which 1t was rendered
arc such as will crown the Judges with unfading
honor and must commend them TO the lasting graft
tudc OF our citizens They, rs II well known, are
all attached 10 the party which IS discomhted 10y
this decision; they were elevated to their ofty
station by its votes; they terms OF intimacy
with many of those who doomed TO keen
modification and loss of place Ivy their verdict
That all these considerations might have indu
ced any Court TO render an unjust Judgement
we do not say; nut It would have been easy TO
refuse 10 take up the case at this time, TO contn
ne it for farther hearing, At least TO POSTPONE
their decision. But nothing like this has been
done. They have met the case manfully, and de
cded II icaressly and Justly. Honor then 10 Chief
Justice Nelson, TO Judges COwen and Bronson, for
their righteous and Underwriting course. They
have shown that they know no other consideration
but impartial JusrIcE in their dspenSation OF the
Law. Let the friends OF Justice every where
member them
But the great ' ,lue Of this decision will lie found
IN It's Moral hearing and consequence. The PEG.
pie every where assured 10y 1t that they may
safely and confidently cave the vndicnton OF Their
outraged rights the redress OF the most vital wrongs,
to the majesty, integrity and watchfulness OF Law.
May this lesson never be forgotten
And now 4 word in behafoi our friends and as
sociaies, the gallant, ndomable and fearless but
law abiding Who's Of the Commercial Emporium.
We claim for them the admiration and gratitude of
thefrends OF Liberty and Law throug the Union.
Their conduct through the l,te trying emergency
has evinced TIE true spirit Of Parrots and Freemen
They have stood Indignantly, resoutely, but calmly
by, and seen the triumph which they had fairly
achieved wrested from them 10y brute force-they
have seen the faiSly chosen Common Council Of
their City overawed aud bu...cd IN their peaceful
deliberations by the clubs Of 4 regiment OF Watch
men insu.unsiy brought into the City Hall without
reason or necessity; they have seen their Govern
ment virtually wTest.d from their chosen deposita.
ries OF power ard vested m single lunctonary; and
they have borne a. IN cain, answering conhdencs
IN the majesty OF Law and the certainty of peace
fol redress That confidence the result has nobly
vindicaied.
The following is the Courts decision:
IN THE NATTER OF TIL NEW YORK CHARTER
ELECTION.
Notions for irriis s1ndn-1us requiring fis Manor %
Gas1iEissr zee o1Ms # eIce % John Hsafs Sa=ins,
Rome Jos. Il 7'ay.or and Edsard Williams.
THE COURT.
We have considered the questions which have
been so ably discussed at the bar, and arrived q,
the following conclusion:
First The loss OF the votes n one OF the four
Districts into which the Sixth Ward was divided
votes OF the First District are to be considered ns
totally out OF the question, conseq uenee Of the
rio;ous proceedings which drove the Inspectors from
the room where they were canvassiug, the result
oil The Election mus; then be determined iron the
votes m the remaining Districts, and those votes
show Clarkson CroiIGs, it., was elected Alderman
Richard II Atweu, Assistant A .terman, and John
Heath and Samuel Roome, Assessors of the Sixth
Ward. II the votes given IN the + rsl d stric, are
taken into the account there is satsa Glory evidence
that the result ~ i re Chanrei
Second. Although the Ward canvassers have
not certified the result in the forms prescribed by
.aw, they have certified the returns OF the Inspec.
tors IN the Second, Third and Fourth Districts.
Those returns are IN due form, and from them u
may be ascsrtainei by the simple process Of add
iion who were elected 10 the several Offices which
were to be filed. This IS sufficient prif,l taeie ev-
dence o! title TO authorize tire admin sttation OF the
oah to the persons appearing to have the greatest
NUM- Der OF votes.
Third. The Recorder has authority to admins.
ter the oath OF Office 10 Messrs. Crous and AtweU
Fourth Mr. Crous having been elected and
sworn, he and the eight Aldermen with whom he
sc'ed constitutes lega Board for the Transaction Of
business. and the reator, Taylor was therefore OPP
POINTED Geek, and entitled 10 be sworn into OF
hee Mr. AtWe.I and the eight Assistants with |
whom he acted also constitute o lesaI Board, end I
the reaior, Williams, IS consequently entitled TO
the 0ifce Of e ERIK Of Assistants.
FIN. Nothing more Is desired than that there |
s sufficient pima tacie evidence Of tne tt'e set %
by the realtors 10 authorize their being sworn INTO
office
SiIth II Is not necessary 20 determine whether |
this Court has poSer, 10y direct proceeding, 10 in
qufe into the title Of the REALTORS, or whether tina,
question belongs exclusively TO the Common Coun, |
ci. When, as IN this instance, the question comes
up incidentally, there can be no doubt that the |
Court has power TO pass upon h..
We regret the necessity for coming 10 a decision |
On a matter Of 50 much importance without haviny /
had sufficient time 10 preplre statement Of the /
reasons upon which our judgement is founded But /
agreeing with the counsel on both sides that the We
fare If the City calls for a speedy determinations |
and having made Up our minds, we have ietita
duty 10 dispose Of the matter before closing the !
term.
The motions are granted.
The Pslpie oH ne relation II J1iH heath and Samuel
Rome Assesso-s II me SIN Ward N.r ysrl W !
Robert H. Morris, Mayer II no Guy ~ Ner Y,rk
On motion, and efier hearing counsel on both
sides, ordered that mandamus issue u Robert n
Morris, Mayor Of the Cry Of New York, requiring
him 10 administer the oath Of office 10 the r. aiors ne
Assessors Of the 9Th Word Of said city, when he
realtors shall present themselves for that purpose
The same ON the relation Of Joseph X. Tauior
Clerk Of he Board OF Aldermen vs.. me same.
The ike, with different description Of the Of.
fee.
The same, on the relation Of EdcarG VHIiains.
Clerk Of the Board Of Assistants vs.. NE sqme.-
The like.
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