New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1855-11-10
HInHER LAW

II ia mot without q sentiment Of profound dis
gust that we ailude to the attempt which was
made yesterday in the Sixth District Court to
introduce in this State the peculiar system Of
higher law so warmly advocated by that prince
of free. sellers, William H. Seward. The pub
lilo are already acquainted with the nature OF
the application Of John NJ Bell, late anti Amer
lean candidate for Sheriff. Through his legal
adviser. Senator Benjamin, writ cf mandamas
is prayed for. ordering the commissioners OF
Election of the Seventh precinctto make returns
Of the number of votes polled in that locality,
in the very face Of the positive information in
possession of the relators that the Commissioners
had previously informed the Sheriff in writing
that the ballot box had been destroyed, and
that 1t was out of their power to make any re.
turns according to law.
The duty Of the Sheriff is clear and simple,
and consists in compiling the returns sent in
BY the Commissioners. in the presence Of wit
nesses, to make public proclamation Of the re-
suit, and to make due return thereof to the
Secretary Of State. The returns must be made
BIZ the Commissioners and sent in blythe Com
niissioners, The law vests no power in the
clerks of the Commissioners to make or send in
any returns as contended for by Senator Benja-
min. Their duties are to register the names of
the uoters and sign the returns. The Com
missioners, by the destruction Of the lot-box,
having been deprived Of the power Of making
and sending in returns, 1t stands to reason that
their clerks cannot, of their own authority and
without special provision Of law. institute the
result Of their extraordinary powers of memory
or imagination in lieu Of the g duplicate return
Of the number Of votes polled for each candidate
making mention of the name Of the candidate
and the officer voted for"
The object Of these proceedings, covered ur
as they are under the technical garb Of man.
damus, is nothing more or less than gross at
tempt to evade the operation Of the 18th sec
section Of the act Of 1856. This mandamus, il
granted, decides o question which cannot be le.
gally decided by the Sixth District Court the
question involves matter which can only be
brought up BY the relator on filing his petition
in the proper tribunal to contest the election
We have already shown that the Sheriff must
compile the returns made by the Commission.
er6, Guu Hu VA SooAo Al tAiAo R&tttc uils
the power to extend or limit the duties imposed
BY law On that officer. If any person feels him.
self aggrieyed or injured, the statute points oui
the remedy, and the only remedy 1t is not by
mandamus, which would throw in the hands
Of one man the power of deciding the result Of
this election, but it is by fling petition in The
FIRST District Court Of The parish Of Orleans,
and where the Judge 'tmay, on the application
of either party, order q jury to try The issue''
The questions presented for the decision 81
the Judge Of the Sixth District Court are the
only questions which can arise in a suit d
contested elections between these parties They
belong, therefore, to the court which has special
jurisdiction of these subject matters. We have
the most unlimited confidence in the integrity
Of the gentleman who presides over the former
court but the 4th section of the act of 1866
for what reason our anti American Legislators
can best explain, vests the First District Court
with special and exclusive jurisdiction in such
cases. We therefore stand on our rights WI
desire and court full investigation of thu
facts. We are prepared to meet all the issuel
made, but Thrust be before the tribunal pointed
out BY law, and before jury composed Of free
honest and independent citizens