New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-09-01
Nsu 0rleans 1ailp Grsstent.
TUESDAY MORNING, SEPTEMBER |, 1857.
ARE WE TO HAVE ANY NOVEMBER
ELECTION IN NEW ORLEANS!


ton appeared in Thursdays Delta, exciting no little
surprise among those of our community who are
watchful and jealous of their political rights, and,
as far their various occupations permit, read and
examine for themselves the constitution and laws
under which they live. We confess, with all due
respect for our neighbour that shared the asonish
ment manifested in all quarters and among all think
ing men, and we propose, in very few words, to
relieve him from any anxiety or doubt which may
have perplexed his mind.
The article begins thus :" In the present election
complications in this city, it is extremely difficult to
see how any election take place the usual day
in November" The answer is near at hand the
constitution of the State of Louisiana. the supreme
law of the land in far as this subject is concerned
says, article 5, Representatives shall be chosen on
the first Monday in November every two years, and
the election shall be completed in one day.
We are justified, we trust, in view OF the above
plain and imperative language, coming, as 1t does,
from the highest authority under our system of gov
eminent, in setting aside the doubts and uncertain
notions Of individuals, and in asserting boldly that
we shall have November elections in the city of New
Orleans. The constitution requires it, and that is
sufficient reason.
Our neighbor proceeds at length to state the rea-
sons bearing him to the conclusion that the city Of
New Orleans must count as blank in the November
election if the Judicial proceedings instituted by his
Honor the Mayor, with the consent and approval Of
the Common Council, be persisted in" We quote:
The old election law, in SO far as it applied to New
Orleans, is repealed and superseded By the lam of the
last session of the sgisldture--commony known as
the Army Blr'-which took the holding and super
ntendence of elections from the Sheriff. and trans
ferred them to special Superintendent appointed by
the Governor This Superintendent is the returning
ofEceF Of p/pciiOuS and the only officer through
whom elections can be ordered.
The inquiry arises, how is an election to be heidi
It cannot be called and conducted under the provi-
sons of the law, for the Superintendent is judi
cially enjoned from executing them, and will be
likely to remain so enjoned until the day is past for
holding an election this year. 1t cannot take place
under the old law for that is repealed and its repeal
must stand good until declared otherwise by sufficient
Judicial authority. The Sheriff, who is presumed to
know all the laws pertaining to his official duties,
and to act only under the direction or with the sane
ton of the law, will of course not proceed, as here
tofore, to call and conduct the November election.
HIS occupation returning officer is gone tie IS
officially outside Of the election proceedings, having
no more relations thereto than any citizen OF New
Orleans. Besides, under the old law the Sheriff
could not proceed to hold election until he had
received special order to that effect from the Gov
ernor of the State. OF course, the Governor after
approving and signing law creating nec retu'n'
ing officer Of elections, and after appointing that Oil
GER provided for in that law to supersede the Sheriff
in all matters touching elections in New Orleans,
would not stnltify himself by ordering election
through an officer whose right to execute such an
order he had himself assisted to withdraw.
This whole fabric rests upon an entire misconcep-
ton of our laws on the subject of elections and upon
hree fundamental errors of fact into which our coem-
porary has, we have doubt, unintentionaly fallen,
but which are of such serious character aud fraught
with such evil consequences to the public, that we
should be wanting in duties to it should we pass
them unnoticed.
In the first place. the old election law (the law OF
1855 relative to eectons) in so far it applies to
New Orleans Is not repealed and superseded by the
Army bill of 1857 as stated by neighbor Sec
ton SO, law of 1857, treads thus: " Be it further
enacted, that this act shall take effect from and after
its passage, and all laws and parts Of laws inconsis
ent Herewith are hereby repealed
The act of 1855 is therefore in full force and effect
in so far it does not conflict with the peculiar pro
visions of the act of 1851 All those sections Of the
law fixing the period of election of Sherfs Coroner:
and other officers concerning contested elections ant
the mode of making returns ETC., to which we refe
our readers constitute the only legislation by which
public officers are to be guided in the discharge o
their duties in matters relative to elections.
In the second place, the Superintendent of Elec
TONS although vested by the terms of the infamou
Army statute with more power than he ever will b.
permitted to exercise Z" is not the returning office
of elections, and the only officer through whom cleo
tons can be ordered" He is everything but that
The Sheriff of the parish of Orleans was before tn
law of 1857, and is now, the returning officer A
far as his duties in this respect concerned the lat
law does not interfere with them ; even admttin
that the law had gone into execution, he is the IT
turning officer.
The Superintendent of Elections has no more COZ
trol over the returns of the election than we hay
His duties and powers are defined and enumerated
section 10 of the law He is vested with all the power
necessary for the administration and police of til
city, on election days. The entire city government
elected by the citizens of New Orleans, guarantee
bythe constitution is attempted to be superseded an
thrown aside, and in lieu thereof, we are presente
with Captain General appointed by the Goyerno
The Legislature presumed to go this far but as the
is limit even to party spirit they did not dare
strip the office of Sheriff of its legitimate, ancieI
and important duties with respect to election return
and their custody.
In the third place whatever may have been IL
opinion of our neighbor some time since, as to tt
probability of the Governors Withholding his pr
elamation, we beg leave to remind him that it HI
now ceased to be subject of discussion. The Go
ernor acting under the authority of the constitute
ana laws OF Ile SthLe, Has lSsueu HIS pfOCldludl'
with the full knowledge of the proceedings institute
by the Mayor of this city. As soon as the injunct
was obtained by the city authorities, rumors we
ahoat throughout the State that the Governor won
not include the city of New Orleans in his proclan
tion-that he had taken legal advice, etc. We ha
the proclamation before 1t is in the usual for
Not one word is said about the Superintendent
Elections; not one word could be said concerni
him. The Governor, in obedience to his oath
office, simply gives notice to the qualified voters
the State Of the approaching election, commando
all Sherifs Commissioners, and all officers concernt
to hold said elections on the Sd day of Novemb
1867, to conduct the same and make the retu
thereof, according ito the constitution and laws
such case made and provided
> But, says our neighbor:
1t should be remembered, too, that the Secret;
S6f State, who receives and counts the returns, Q
the Governor, who grants commissions, are both h
Me to the prevailing politics of this city. Is it like
s9hen, that the one would recognize election retu
MomNew Orleans, and the other issue commiss
under Them when both knew that the Election Ii
which the latter signed and the former register
had not been complied with? We do not pretend
answer for these distinguished functonaries but
think it is not likely they would, under the circr
stances.
Section 26th of the law of 1885, relative to e
tions, provides that it shall be the duty of the
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