New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-08-29
ARE WE TO HAVE ANY NOVEMBER
ELECTION IN NEW ORLEANS:

An ingenious and plausible article under this cap.
ton appeared in Thursdays Delta, exciting no little
surprise among those of our community who are
watchul and Jealous of their political rights and
as far as 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 thihk
ing men, and we propose, in very Few "ords, W
relieve him from any anxiety or doubt winch may
have perplexed his mind.
The Article begins thus: In the present elechon
complications in this city, it is extremely dhcult 10
see how anu election take place on the usual day
in Norember.n The answer is near at hand: the
constitution Of the State of Louisiana, the supreme
law of the land in so far as this subject is concerned
saws article S, 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 it does,
from the highest authority under our system of gov
ernment 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 a 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Orleans, is repealed and superseded oy ne iao o. me
last session of the Legislature-cO known as
the Army Bill'-which took the holding and super
intendence of elections from the Sheriff, and trans
ferred them to special Superintendent appointed by
the Governor. This Superintendent is the returning
officer of elections, and the only officer through
whom elections can be ordered.
The inquiry arises, how is an election to be held
It cannot be called and conducted under the Prov
sions of the new law, for the Superintendent Is judi
cialy enjoined from executing, them, ana viii pc
likely to remain enoined until the day is past for
holding an election this year. It cannot take place
under the old law for that 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 with the sane
ton of the law WILL Of course not proceed as here
tofore to call and conduct the November election.
His occupation as returning officer IS gone. ne IS
officially outside of the election proceedings, having
no more relations thereto than any citizen OF New
Orleans Besides, even under the old law the Sheriff
could not proceed to hold an election until he had
received special order to that effect from the Gov
ernor of the State. OF course, the Governor after
ing officer of elections, and after appointing that off
GER provided for in that law to supersede the Sheriff
in all matters touching elections in New Orleans
would not stultify himself by ordering an 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
three fundamental errors Of fact into which our cotem
porary has, we have doubt, unntentionay fallen,
but which are of such serious character aud traugh
with such evil consequences to the public, that we
should be wanting in duties to it should we pass
them unnoticed a
In the first place. the old election law the law Of
1856 relative to eectons Sin so far as it applies to
New Orleans is not repealed and superseded by the
Army bill of 1857, stated by our neighbor. Sec
ton SO, law of 1857, .reads thus: Be it further
enacted that this act shall take effect from and after
its passage and all laws and parts of laws nconsist
ent Herewith are hereby repealed
The act of 1866 is therefore in full force and effect
in SO far as it does not conflict with the peculiar pro-
visions of the act of 1857. All those sections of the
law fixing the period of election of Sherfs, Coroners
and other officers concerning contested elections and
the mode Of making returns, ETC., to which we refer
our readers constitute the only legislation by which
public officers are to be guided in the discharge of
their duties in matters relative to elections.
In the second place, the Superintendent of Elec-
tions, although vested by the terms of the infamous
Army statute with more power than he ever will be
permitted to exercise, " is not the returning officer
of elections and the only officer through whom cleo
lions can be ordered" He is everything but that
The Sheriff of the parish of Orleans was, before the
law of 1857, and is now, the returning officer. As
far as his duties in this respect concerned the late
law does not interfere with them; even admitting
that the law had gone into execution, he is the re-
turning officer
The Superintendent of Elections has no more con-
troll over the returns of the election than we have.
His duties and powers are defined and enumerated in
section 10 of the law. He is vested with all the powers
necessary for the administration and police of the
city, on election days. The entire city government,
elected by the citizens of New Orleans, guaranteed
by the constitution is attempted to be superseded and
thrown aside, and in lieu thereof, we are presented
with a Captain General appointed by the Governor.
The Legislature presumed to go this far but there
is limit even to party spirit, they did not dare to
strip the Office Of Sheriff of its legitimate, ancient
and important duties with respect to election returns
and their custody. zg-...
In the third place whatever may have been the
opinion of our neighbor some time since, to the
probability of the Governors Withholding his pro-
clamation, we beg leave to remind him that it has
now ceased to be subject of discussion. The Gov
ernor acting under the authority of the constitution
and laws of the State, has issued his proclamation
with the full knowledge of the proceedings instituted
by the Mayor of this CITY, As soon the injunction
was obtained by the city authorities, rumors were
afoat throughout the State that the Governor would
not include the city of New Orleans in his proclama
tion-that he had taken legal advice, etc. We have
the proclamation before US. 1t is in the usual form
Not one word is said about thei Superintendent Of
Elections; not one word could be said concerning
him. The Governor, in obedience to his oath Of
Office simply gives notice to the qualified voters Of
the State of the approaching election, commanding
all Sheriffs Commissioners and all officers concerned
| to hold said elections on the Sd day of November
| 1857, to conduct the same and make the returns
thereof, according to the constitution and laws in
| such case made and provided
| But, says our neighbor:
1t should be, remembered too, that the Secretary
of State, who receives and counts the returns and
the Governor, who grants commissions are both hos
tile to the prevailing politics of this city. Is it likely
then, that the one would recognize election returns
from New Orleans, and the other issue commissions
under them, when both knew that the Election law
which the latter signed and the former registered
had not been complied with We do not pretend tt
answer for these distinguished functonaries, but We
think it is not likely they would, under the crcum
stances.
Section 26th of the law of 1855, relative to cleo
tions provides that it shall be the duty of the re
M - .a.k.