New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-09-09
Con m u n i
THE COMING ELECTIONS.

M. E,5;fo. Your columns have already fur
nisbed annie and convincing reasons why the njunc-
ton which the Democratic party has such dsinter-
ested reasons for urging the Americans to cause to
he withdrawn, should not be molested. Ipropose'to
add to what has been said, few remarks tending to
show that there can be legal difficulty, as it has
been pretended there might be- in holding perfectly
valid election without reference to the "Army Bill
q The Constitution of Louisiana makes our State Gov
eminent elective. 1t recognizes the right of the peo
pie to vote for their several officers This right in
alienabe and cannot be taken away law. The pro-
vision in the Constitution in regard to Sheris is an
illustration of this. Art. so imperatively declares
that ga Sheriff and Coroner shall be elected in each
parish by the qualified voters thereof who shall hold
their Office for the term of two years. etc. = .f-
In furtherance of this and other constitutional pro-
visions, the subject Of popular suffrage. the Legis
lature in 1855 passed general statute "relatiye to
elections. This statute provides the time OF holding
all general elections throughout the State, the mode
of establishing election precincts, and OF appointing
Commissioners it defines their duties, fixes the mode
voting of obtaining balot-boxes, OF counting votes
making returns of elections, and issuing procama-
tons and generally establishes all the machinery
and minute details necessary to carry into effect the
constitutional provisions referred to. Under this
statute the Governor has already issued his procama
ton for the elections in November next and it is I'M
der this statute that these elections and must be
| held. --
The law makes the Sheriff of each parish returning
officer thereof in all elections, Acts of 80, section
%, and to secure the performance Of his duty, 1t
enacts That it shall be the duty Of the returning
officer in each parish to make out triplicate returns,
to forward one Of them Immediately by mail to the
Secretary of State to forward another to the secre-
tary of State by the next speedy mode of conveyance
and to deposit the third in the Office of the Clerk of
the District Court and in the City of New Orleans
in the office of the Clerk of the First District Court
and for his ,rf failure or neglect herein, such re
turning officer shall be fined in sum not exceeding
tipe hundred dollars at the discretion Of the Court.
Acts of 49, page Az. 1t is evident then from these
provisions of law, that it, has been sometimes in
timated, and I hope without authority, Sheriff Bel
should dare to refuse to do his duty the returning
i officer in November, and should presume to set up
his crude notions of the consttutionality of law
against the deliberate official action of an enlightened
Judge, he would BESIDES being forced by process Of
law to the proper discharge OF his dues be liable te
the penalties imposed by this statute. ~.
4 Let not persons adopt an error into which find 8
few persons have fallen, and imagine that these pro
visions of the act of 1855 in conflict with the
'Army bill.'' Such is not the case. The Army bill
by its repeating repeats or to speak more cor
rectly proposes to repeal all laws parts of laws
inconsistent with ITSELF Acts of 81, page ISL
Now there is nothing in its provisions which II
the slightest degree refers to the manner of making
returns, or to the returning officer. The Sheriff
/ hence, even were the operation of the "Army bill
not suspended by the injunction, would still be the
returning officer, liable to punishment for neglect OIL
failure to perform his duty under the Act of 1855, a
. have already shown.
The Army bill +" will be found to conflict witt
the Act of 1855 only with reference to the humble
Of polls in the precincts and the appointment of it
Superintendent and the other despots it ushers int
life, and in the mode of conducting the polls ant
power of the city and creating its army of Democrats
State policemen. 1t does not clash with the Act o
1866 in any other respect than these aud it is unde
the provisions of the Act of 1866 alone that the tim
of holding the election is fixed that the Governor
proclamation has been issued, and that the return
will have to be made Acts Of '55, secs. l, 81, rs
ct ID. That the Sheriff then will do his duty, let Il
hope that he can be compelled to do it, admits Q
no doubt.
| find that l have unconsciousy exceeded tn
limits / had assigned to my communication. l dt
sign to show in my next that even if the Army bi
be constitutional an election conducted under tn
old law would still be valid. CoUNsELLoR.