New Orleans daily crescent., 1857-07-27

Of tendency election to Iai and
TO keep him there confined without the right to give ball. until
the day let him during the day Of election
will become conforrns.
To army Of deputies eonsist Of number
the Governor may think necessary be employed and
organized the such he deem
adequate subject his ORDER each
deputy soldier be entitled receive during the time he
service the command the Superintendent
dollars for each day Of actual service.
liberties and rights Of the citizens Of New Or
the days the suspicions the Fears the
yrannics will of military chief ruler under he control Of
aRosrd called Central Board Of Commones and to create
an army to the people Of View Orleans and to In
fuence the elections held in the city, In conradisncon
police force for the preservation Of the public peace and the
maintenance Of the rights Of electors. ..'
impose oppressive unjust and unequal tax upon the
people Of New Orleans despo them Of their Ibee fran
ches ard rights to set aside the police government of the city
and unduy influence elections Orleans by military
display and action.
To take away from the citizens Of New Orleans the equal
rights and privileges which they have enjoyed hitherto in
with the citizens of every portion of the State relation
the appointment of Commissioners Of Election; assa pop
uar rights and - generalize and
in the hands the Govenor-and thus create
considerable degree that central dpoc power which
destroyed liberty and rights Of every government
which has existed
Your petitioners further show that the Central Board Of Com
mssoner consists of the five following members viz: r. War
Noise Attorney Geneaf State
dent Of the Board petitioner Charles Waterman Mayor
of New Orleans Louis Martin, Register Of Votes and of
d. Ad RoIer and d. A. Brand, appointed Governor
That could have been reasonably supposed that the Mayor
would member of the Board-tha the Attorney Gen
attached the Constitution judiciary department
of the sethat holding office in that department
properly belonging either the legislative
departmen-ha the Constitution provides that the du
the Attorney General and Of the District Attorney shall be
determined law but those duties mus. be appropriate udc
oerha the conferred the Attorney General
by of 1884, regulate elections in the parish of Orleans
legal and constitutional be said properly
belong the judiciary the provisions Of the
comforting those powers the Attorney General
void That the other three
bes of the Board-one Register of Votes appointed by
the Governor by with the of the Senate but is
movable by the Governor and citizens appointed
hers by the Governor and removable by him at wthat the
then Executive Bosdtha the Superintendent of
Elections s removable by the Governor and he is take
chsrgeof and snperntend
the exclusion Of all other persons, all
that is manifest therefore, that the whole 1851 relative
elections in the parish of Orleans giving
utions and undue aud influence the
elections in New Orleans.
Your petitioners further show that the provisions OF
1851 relative elections in the parish of Orleans direct
conflict with the general principles Of right and of govern
ment and with the following articles Of the Constitution Of
Louisiana.
Article loi All prisoners baable by
ties, unless for capital Offences
Article 5 No expost fac,o law, law impairing the
obligation Of contracts shall be passed vested rights be d
vested.
Article lg3. Taxation shall equal and uniform, etc.
Article ia The citizens of the city Of New Orleans shall have
right of appointing the several public officers for
administration of TIE police of said city, Provided that
the Mayor Recorder Aldermen and Assistant Alder
shall be commissioned by the Governor Justices of the
| Peace
Article The privilege Of free suffrage shall be supported
laws regulating elections and prohibiting under adequate
aes all undue influence from power bribery other improper
practice.
Articles distribution of the powers of Gov
eminent, and Article "A. As to Attorney General.
Your petitioners further show that the Senate in session
yvhe ofc hy
filed which filed appointment of the Governor
by and with the advice and of the Senate and nona
then made them by the Governor he cannot
point such offices during the and that therefore, if
1851 relative elections be valid the appointment of
j. b. Cotton by the Governor be Superintendent of Elections
is null aud vode having been made during the
of the Senate and nomination to the office having been made
to the Senate when in sessionand consequently that the ap
pontents by said B. of four chief deputies assist
him of Eectious also null and void and
clnfer authority upon the appointed by him.
Your petitioners further show, that Warren Noise, Anor
ney General of the State Louis ST. Martini Register of Vetes
Ad Rozier Brand have, your petitioners
and verify believe met together for the purpose Of
organizing the said Central Board of Commissioners claim
have power and have determined and prepared act under
the law Of March l9h 1851 relative elections in the parish Of
Orleans and to carry the into operation and effect and
B. Cotton combining confedei Ting with them and
assuming pc Superintendent Elections has determined
charge and uperntend under their CONTROL all elections
Federal municipal paroca be held in the city and
parish of Orleans officer officers be elected by the
people, and carry into effect the provisions Of the said act OF
the Legislature and that James L. Powers Albert Fabre VIM
Tenbn Joseph Nora who have bees appointed by John
his chief Deputies have accepted the appointments and
ready and prepared to act under him.
duty your petitioners maintain and preserve
unmpared the rights privileges and franchises vested them
in the citizens of New Orleans by the Constitution and laws
of ,e land resist and down all lawless violence and
every illegal attempt Interfere by force otherwise with the
popular elections in this city whether made in violation of
law under color Of unconstitutional legsaono that
and order and tumuits and disorders pre-
during the ectionto take that the
police of the city is contutonay administered by public
appointed by the citizens of New Orleans and exercise
powers conded them efectuay for the public good
That the of the socalled Central Board of
and the Superintendent OF Elections his dep
ue into effect the provisions of the act OF 1885, rea
five to elections parish Orleans spirit of
discomfort and opposition and probably lead violence and
boodshed and that the act if carried into effect will
annu the rights andanchses vested in The citizens of
New Orleans by the Constitution Of the State.
That NIL the defendants reside in the city and parish Of
Orleans.
That the only remedy which prevent the
ton of the defendants and to the injury impending and
by the elections being held the
law requires they shall be promptly held for the election of
Alderman fill the occasioned by the resg
nation n Bailey the vacancy occasoned by the
resignation of s. F. De abae in the event of other
people the city and parish of Orleans, for
Federal parish municipal officers the protecting
preventive process OF injunction.
Your petitioners therefore pray-,ha Mose Attorney
General of the Stae Martiu Register OF votes j. Ad.
Rozer A. Brald John b. Cotton, James L. Powers Albert
Fabre VIM Tenbrink and j. Norra be cited appear and
ans peiou-that the affidavit of the petitioners and
annexed this petition being considered this honora
will order injunction be issued the
W. Noise. AttorneyG Of the State Louis ST.
Martin, Register of Votes; j. Ad Rozier, j. A. Baud,
j. b. Cotton L. Powers Albert Fabe VIM Tenbrink and
j. Nora esonng and prohibiting them from acting attempt
ing under the provisions of of March 49, 1857 relative
elections in the parish of Orleans and from carrying into
attempting to into effect any of the provisions of