New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-03-30
r. tcoMNUNIoArEp.1 ~ s.
THOUGHTS ON THE LATE ELECTION BILL
BY A CITIZEN OF NEW ORLEANS.

The terms pursuant to the mode OF elections which
shall be prescribed by the Legislature refer to
mode of election, directly by the people, or indirectly
by them, through body elected and constituted by
them They do notafect Or impair " the right of the
| citizens of the city of New Orleans, which is de-
| clared in clear and express terms.
right conferred by the Constitution in clear and
express terms, can not be taken away or rendered
null by an Act of the Legislature
The administration of the police of the city MEANS
simply, the enforcement of the laws and regulations
for the government, the peace, good order and well
fare of the people of the city. The several public Off
GERS necessary for this administration and who are
now dscharging their several duties under appoint
ments from the citizens of the city of New Orleans
pursuant to the mode of elections prescribed by the
Legislature, hold their offices under title derived
from the Constitution and cannot be superseded
deprived OF their authority by an Act of the Legsa-
ture creating other persons officers and substituting
them in their stead. The new Electon-law, then,
| which creates "a Superintendent of Elections y to
take charge of and superntend under the coutro of
Central Board of Commissioners, and to the ercls
sion OF all other PERSONS all elections in the parish of
Orleans and City of New Orleans, etc., to preserve
tranquility and order during elections to prevent and
suppress riots tumut violence disorder and any other
improper practice tending to the intimidation of
voters or the disturbance of elections etc. is clearly
unconstitutional and of no binding force upon the
citizens Of the city of New Orleans. Under this view
of the Constitution and the laws in pursuance thereof
the authority of the Mayor and other peace officers of
the city, necessary to the administration of the police
of the city, remain complete, and may be and should
be, if the people of New Orleans are true to them
selves and to The of liberty uninterruptedy and
vigorously exercised during the elections which may
be held in the city.
The unconstitutonaty of the act vesting exclusive
authority, under the Central Board of Commissioners
in the Superintendent of Elections is still further
manifest from the proviso of the l24th Article of the
Constitution Provided that the Mayor and Re-
corders shall be ineligible to seat in the General
Assembly and the Mayor Recorders, Aldermen and
Assistant Aldermen shall be commissioned by the
Governor as justices of the peace and the Legislature
may vest in them such criminal jurisdiction as may
be necessary for the punishment of minor crimes and
offences, and as the police and good order of said
city may require"
The exclusive power assigned the Superintendent
on election days, with view to elections in the
city, is incompatible with tile power of the Mayor as
a commissioned justice of the peace under the Con
stitution. As justice of the peace, the Mayor is
conservator of the peace. He has power to arrest,
examine and commit for all breaches of the peace
crimes and misdemeanors. His duties embrace the
duties imposed by the election law on the Super
intendent of Elections to the exclusion of all other
persons"to-wit to preserve tranquility and order
during elections ETC., as heretofore set forth
law conflicting with the Constitution is void. The
act subverting and annuing the power of the Mayor
and the several public officers appointed under the
Constitution and the laws for the administration of
the police of the city, is in that respect unconstitu-
tonal and void.
The object of the law under examination il clearly
to create military force to take the place of the city
police and to serve for party purposes of election
under military Superintendent to be appointed by
the Governor. We will trace the law to its origin.
The Governor, in his message, writing it is gene
rally believed with the pen of the Attorney General
and adopting the statement of that officer in his Off
eial denunciation of the people of New Orleans in
report to the Legislature, tells the Legislature You
will observe that disregard for the law and its min
listers, and contempt for the rights of persons and
property of large classes of our feowcitizens con-
time to exist in commercial capital" After Ut
tering this unfounded and wicked calumny the Gov
ernor adverts to report made by weak and facile
Grand Jury, moved insgated in all probability bv
the openly expressed sentiments and known feelings
or perhaps by the conversations of partisan Judge
and a partisan Attorney. General with one or more
members of that body, and says: "a recent Grand
Jury of the parish of Orleans, penetrated with
sense of the evils existing in the city, have formally
recommended an organised armed police on the DAYS
of the election 1t will not escape notice that the
army to be substituted for the peace officers of the
State and city within the limits of New Orleans is
here softly called an organized armed police" But
the Governor continues: Nor have these disorders
ceased with the momentary heat of a warmly con-
tested canvass but brutal assaults riots and murders
hare dissraced euen the cainer periods Of ordinary
monMs." With this libel on the character and cond
ton of our peaceful community in January last (he
date of the message) the Governor proceeds: Z" The
true origin of all these social disorders may be found
in the inherent nature of that secret political organ
cation which arose in midst to divide our people
according to the accidents of religious BIRTH
In the passages cited the people have before them
thetase grounds ofaccusaon for the dsfanchisement
and punishment and future control of the independent
and free citizens of New Orleans and the evidence of
the partisan motives for the presentment of those
grounds and for the recommendation ola Superntend
ent and an army to take charge Of and supern-
tend all elections" held i'll the parish and city of New
Orleans and to exclude formal police and State govern
ment for the peace of the State and city, the city
officers and the ordinary State officers within the city,
The people then should bear in mind, that whilst
there was quiet amongst us-when there was no riots
or outbreaks in our society-when no secret political
organization continued in existence-when there was
no party in Louisiana that had ever sought to make
any distinction between people on any ground of
religious belief the mere circumstance of birth
apart from the just consideration of qualification for
citizenship rpoltical ofice-when peace and harmo
ny had commenced to prevail in the city-at such
time the Governor of the State spurred and goadc on
by the Attorney General referred with false and bitter
Misrepresentation to the character and views of the
American party, and stimulated the Legislature to
create military organization to control the people
OF New Orleans in their election in holding out to
them, if they did not pursue the course recommended
that there would be popular Instruction in New
Orleans attended with full and bloody satisfaction
on the American party of New Orleans In his own
words, he called upon the Legislature to apply
remedy for the evils of our great commercial centre
ere it be too late and j. reaction terrible as and
equaIed only by the wrongs endured shall be aroused
and thus law and justice be tramped under foot by
those who now in vain seek its shield and protection"
Concurrent with this action, the Attorney General