New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-05-09
Members Of the Common Council Hold
ing Over.


The third section of the City Charter provides
The Aldermen and Assistants shall be chosen
for one year" Section provides, "lhc annual
election for charter officers shall commence on
the second Tuesday in April, and the officer
elected shall be sworn into Office the second Turs-
day Of May thereafter Section provides Tor
stecial elections in cases where vacancies shat.
huvc occurred after the Board have been organ
lied. but no, for cases where Ward shall have
omitted neglected. refused or otherwise failed 10
elect representatives. This clause i. most sre-
cial ard If it needs amendment, the State Leeis-
lature can amend ii, and not the Common Council
The members shall be elected on the second
TUESDAY of April, except in the special cases par
ticularly named in section 8. Did any body ever
hear tina, u member Of Congress claimed to hold
ever because his constituents had been unable
from any cause to elect his successor and some OF
the members of the State Legislature If "a sue
ccssor has no, been elected, the district remains
unrepicsented until tine vacancy is filled. BY sec
ton j. the members in office whcR tie Charter
traS passed By The Legislature were to hold Office
until their successors snail be emitted to he swoy,.
into office. The Constitution of this State pro-
vidcs, cart 4, sec. l6, Where the duration Of
any Office is not prcc,ibed by this constitution, il
may be declared by law, and if hot SO declared
such Office shall be held during the pleasure of
the appointing power" This does not mean
elective offices.
The particular reference in the Charter 20
members IN office, clearly indicates that their
successors are no, hold over, such is the settled
rule of the Constitution.
The members of the present Common Councl
are ttoct o6icio, at - O'Clock at night of tie
second Monday of ihi. month and their success
entitled ~ be sworn in minute thercaiicr
There is no splitting Of day; tho Constitution
knows no such plan of accommodation; and tie
violence to the present calender of Time to Include
two second Tuesdays of MAY in one year, would
be against common sense AyTaRlcIrr.
RHODE lsLASD.-Our advices from Providence
come down to o'clock or Saturday evening. NJ
Ia which time no collision had occurred, but the
danger Of twas evidently increasing Gov. Kng.
with other members of the old Government return.
ing from Newport, on Friday received with
gtcat eclat by their party; being received at tie
wharf aul conducted 10 his residence by a process
sion of go military and SEQ c.ti,cns-on Ia
othc: hand the Suffrage held great neetins
that evening and resolved to stand BY their Gov.
ernmen, to the last
The old Legislature adjourned on Friday to meet
again on "Wednesday NEXT when the answer ri
President TYLER To Gov Kings rcouisition is ex-
pccrcd.
William l.. Thornton, another Of the Members
Of the Peoples Legislature has resigned. The
party generally, however appear resolved to resist
unto blood Gov. Dorr has been instructed to GO
to Washington in their behalf, and passed through
this city Yesterday on that mission
CoNNrcricrr.-Thc new Legislature on Thurs
dav elected Chaunccv +. Clcaveland Governor ~
IS9 votes To 68 for William w Ellsworth.
" lam :. Noahird vas then chosen Lieutenant
Governor, Jahcz l.. White. Jr. Treasurer. Moan
A. Phelps Secretary and Gideon Wells Compirol-
ler-a the regular Loco-Foco candidates. joint
Committees were then appointed 10 notify the new
State Officers Of their election.
Gov Clea>lard made hi, appearance the fol low
ing day. was inapsura'cd, and delivered hs Me-
sage, TO which We shall pay our respects in or |
next.
W The Republican Wing Democrat new
paper published a, McElwcsviile York District.
:. C., carries at its head " For President Hx>kr
CLAY; For Vice President. WisrIrLp Scorr."