New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-08-31
ARE WE TO HAVE AN ELECTION 1.

A
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The Delta, OF Saturday afternoon, feplleu " w.
article On thls subject q tne previous wv
contemporary argues lngenlousiy "u3 p.''1s''
we respectfully submit, does nos meet Tue iaah ques'
ton at issue-the impossoii'ty VI oses's sie peo'
pie Of their CONSTITUTIONAL ana ihahenaple rieh'S
The government OF the united otates' the govern
| ment of every State IN the unon' rests upon sae
prerogatlve q iree su.tase, y y y s.a
the various State constieuuons. II Is so ses iol.n
| the Federal constitution; IL Is SO enunoia'eu =.
the constitution OF Louisiana Hence .ne sle'A. a0'
is as apparent as the sun at MONDAY, sha' nna'
organic law guarantees cannot be Destroyed ~ esis
lative enactments, omissions or commissions puh'
ders Of fact or plumbers Of theory con'.eo oy 'ne
legislatures, or by functionar1es created ny ana
deriving sole authority from tnat organic law
Adopt such line of argument enforce sncn course
of policy, and the creature Immediately becomes
superior to the creatof-the power OF the agent sur
passes that Of the principal-and there is no para
mount supreme authority in the land.
The Delta thinks that as some OF the provisions Of
the Army Bill conflict with the provisions OF the
cold law respecting certain duties and powers OF the
Sheriff in regard to election efectuay exclude that
officer from advertising, calling, holding and super
intending elections in New Orleans and that " these
provisions the Sheriff is bound to recognize until
they are repealed by the Legislature declared null
and void by sufficient judicial authority" Hence we
are to have no election.
Well, this is certainly, strange doctrine 1t makes
the Sheriff superior to the Courts superior to the
Governor and in fact superior to every description
of authority existent in the commonwealth. The dis
erection which the Delta argues rests with him,
L Ia, nf
neople Of the parish whenever he may choose to con
slider that certain laws conflict with certain laws and
that he-sole Judge in the premises-is to determine
whether elections shall be advertised called held or
superintended, in particular parishand that if his
highmightiness doesn't fit to advertise, call, hold
or superntend elections the people to be deprived
of the right OF suffrage! Suppose all the Sherfs Of
all the parishes should choose to WELD the preroga
tive claimed for the Sheriff of this parish by the
Delta there could be no elections held next Novem
ber It would not be difficult for the Sherits to find
any number of conflicting laws. Unfortunately, our
laws conflict too often and too strongly for the public
good and should our Sheris attempt to erect them
selves into arbitrary and irresponsible despots, BY
taking advantage of such conflichons, they would
be crushed at and forever by our outraged and
| indignant people, or else we would all become
j
But the Sheriff of the parish of Orleans has neither
| authority nor discretion in the premises By an
1 order Of competent Judicial tribunal, executed
through him, the Army Bill" is held in state OF
suspension and it must rest in state of suspension
until properly decided upon. And, no principle of
law is palmer, more incontroverbly established
by the highest judicial tribunals in Chrstendom and
universally acknowledged everywhere, than that when
1 p1ar1 10 10 udpd ~
law, that it remains dead letter, void and Of no
effect whatever until the court of last resort pro-
nounces upon it afrmatiyely negatively, and that
in the meantime the privileges of parties and the
people are protected by the laws customs and usages
that had prevailed previously.
According to the express terms the Army Bill"
it went into full force and effect on the 10th of March
last Immediately after it approved by the Cover
nor This is fact that cannot be questioned. 1t is
patent, known to every man, woman and child in the
community. Since then we have had two elections.
Notwithstanding the unmistakable language of the
BILL six Judges of the parish of Orleans were elected
! under the old law, and were commissioned by the
| Governor, who discharged his duties executive
| and as citizen, faithfully and truly, according to
our humble opinion. city election also took place
under the old law on the sth of June last, and the
municipal interests of New Orleans vast and great in
themselves, and stupendous and almost ilmitabe in
the future, went, to large extent, it were, into
the hands of men. Still we heard nothing against
the validity of either of these elections yet if the
argument of the Delta is solvent, rights, persons
property, interests and honor, are in the hands OF
Judges who hold their offices in defiance of law, and
the mighty concerns Of the commercial metropolis OF
the Southwest are also in the custody of men, who
fhor, nj