New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-07-13

tlc uCtlOH OF Ille government IN relation Il
these two conflicting grants
/ ---~z--
Mr.. PANDELY AND THE BOARD or ASSISTANT
AnnEENEN.-We published yesterday an article
touching the power of the Board of Assistant
Aldermen to inquire into the qualifications OF
Mr. Pandcly as a sitting member Of that body,
aud therein asserted the right of the Board to
reject or eXpel member for cause
We are still Of the opinion that the Council
has that right, as well by prescription as by the
eighteenth section Of the City Charter, which
empowers them to Judge Of the qualifications
OF their own members" As we before stated,
| We think it not improbable that the courts will
su,tain this view Of the case, from the fact that
our highest judicial tribunals have repeatedly
determined that the City Council is the sole
judge Of the validity Of the elections Of its mem
beers The law comforting this power has also
| been decided to be constitutional
Although the right Of the Council to proceed
in the matter is nuquestonable, yet, rs their
decision therein would not be res jHdira.a as to
the legal rights Of Mr. Pandely, we think il
| might be better for them to submit the question
| to the decision Of competent court A judge
mcnt obtained in this manner would forever put
at rest tue question: both as to the legal and
political siaf'tS Of the party, and III this way
silence much scandal, which is the source of
unnecessary yexation to numerous, worthy
and talented family
We would urge upon the Assistant Aldermen
this plan Of putting an end to the contest, more
particularly as their decision would only de
termine the right of the member to sit amonp
them for the present time, and would not effect
his qualifications ifagain elected. The Council
in pursuing this course, would show a delicate
regard for the feelings of one whom the pcorla
have deputed to be their representative, and one
who must ne presumed 70 have been wronged
until the contrary shall have been proven. II
IS an established principle Of our law that who
ever acts in public capacity is presumed to he
qualified, and it devoyes upon those who assert
a disqualification to prove it. 70 save the feel
ings Of those concerned, and to prevent scandal.
We think the Council would do well to brine the
matter to the test Of judicial investigation
We should be sorry to suppose that any reader
Of our article Of yesterday, in relation TO Mr.
Pandely's alleged origin, has come to the con
'lusloa that we deem the charge against him
we'll founded, in fact or law We have NAM
md highly esteemed friends among his family
and have an abiding confidence
hat, after proper investigation, he will estah
ish his right concusiyely, to retain his present
eat, and at the same time relieve his family
rom the supposed imputaton resting on them
We return thanks to the Purser Of the steam
mp Perseverance torlate Galveston papers and
'ther tavols
ARRIVAL OF TIE PRoNEruErs-I steam.
hip Prometheus, Il. A. Wamack commandin,. A
'rriyed yesterday in five days and twelve hours
rom San Juan
She left in port the steamship Daniel Webster.
renee for New York same day, and II Il N
teamer hedway, to leave on the til inst for
hagres \
NO Pacific steamer left San Francisco on the
9TH nlt with passengers to connect with eitbe,.
he New Orleans on New York steamships J
ne Sortes, the new ship Of the Nicaragua
o'hParF' was waiting the arrival OF the pas b,
engeiS nom the Atlantic States NJ San Jpar
lei Sud on the Pacific
Consequent upon the frequent rains. lie 80. e.
san Juan is in excellent nayigable condi,f., /,
e ''eiAN IN the ascent Of which--as is occasion
lily experienced in the dry seasons now ii,
c'Eable The transit across to the pa,i65 r.
cc9mphshed with all ease in Two dnyg T,o
QUITE comparatively speaking, r. IA "a he,itl, !
tate and with tile slightest amount Of r,oti,n
the part Of travellers 10 nkucss wbntey.,
eei be learel !