The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-04
I'D, Albany. .,
lCorrespondenee Of the Herald

VIC nave an uninterrupted navlgatlen again. The
recent mild weather has dsne the business. Yes.
terday morning the steamboat Telegraph came up
to our wharves and this morning the Utica made
her appearance. The river is not likely TO be closed
again this season.
In the Assembly to day, Mr.. WEN presented a
petition from the Irish Emigrant Society, praying
for the enactment Of law securing their wages to
laborers. Dir. M'MuRRAY, one from ship owners
Of the city Of New York, for an amendment OF the
Pilot Law. Several petitions in relation to the
New York and Erie Railroad, some of them in IA
Of the location of the road up the valley Of the
Delaware. .t,l .,r. i,-d ,.s r
Mr.. BAKER, asked the unanimous consent Of the
House to introduce notice, that he weuld at some
future time bring in resolution to amend the rules
so that no debate should be allowed on motions to
print, 10 amend the report of the Committee on
public printing, sc. 1t was objected to- The
7 adoption Of some such measure would be erea
saving of time so much of which is no " daily con-
sumed ON this subject aaa rpl-r....teaal
Mr.SrErsos from the Standing Committee on
charitable and religious societies, reported bill to
incorporate the st. Georges German Benevolent
Society of the city of New York 1t was ordered
to third reading.
Mr., GRIrrlS, from the comnittee on the Militia
and Public Defence, reported at length With bill
fer the better organic ,lion of the rifitis Of the
State. n''
Mr.. LOOMS, from the judiciary Committee, 10
whom had been referred so much of the Governors
message relates to the Administrations Of public
justice, made long report TO- day, concluding with
the Introduction of several bills calculated to per-
feet the system of legal reform. The House then
granted to Maj. Tochman the use Of the Assembly
chamber for tomorrow evening, to deliver his
second lecture Poland and the Poles. The first
one last evening was numerously and fashionably
attended.
The conside ration of the General Election Law
was then resumed. Mr.. Strong having the Aoor
on proposition to strike out the section defining
what should constitute residence, on the part Of
q voter.
Mr.. srAoEe proceeded to argue against the right
Constitution was sufficiently explicit this point
He contend that the Legislature had no right to
attempt to define the Constitution 1T had no power
50 10 do. SO, il might change il as they chose,
fit, and thus change the whole form Of our govern
ment. BY conceding this principle, it would put it
in the power Of the Legislature to abridge or ex
tend the right Of suffrage, as they chose. No man
could hold law to be void becau.e it was uncon-
stitutiona; il this power Of constituting defining it
was yielded to, then the courts could not SO
declare. The Legislature would thus set itself up
above the courts-go beyond their powers and usurp
port Of his position at length, supporting it by
train 81 most forcible and i-sustained argument
Mr.. 8. is sound and able man, possessing great /
legal and constitutional knowledge.
Mr.. SEyMoUa thought this section necessary, to |
preservethc purity OF our. elections. He did not
see that the arguments against this provision
not that it was in itself bu that in
attemp ting to define that instrument the Legsla
fure 81 hovA ha IF ifs
was said. that in thus defining the Constitution it
would subject IL 20 fuctuati0n Rad alteration Why,
the courts Of judicature did this every year; and
was an alteration of that instrument the result?
Mr. s. argued at length in support Of the section.
In regard 10 defining the Constitution, he said that
il was made Hp Of words, and he did not see why |
the Legislature had not good right 10 interpret
them as our neutrality-suspicious. Messrs Walker and
Web.ter.
Mr.. LOTT spoke in support of the striking out,
taking very nearly the same ground a. Mr.. Strong.
He illustrated his argument by citing supposable
case, as follows: "A soldier Of the United States
stationed at Buffalo, with his family, is removed to
the Narrows, He never intends or expects to re-
turn, and takes his family with him, and buys |
freehold. Under this provision he could not &C |
qure residence there, and therefore must lose |
any elector, resident Of the State for one year,
and Of the county in which he offers his vote for
tix months previous to the election, shall be quail
fed to vote. u nu.u..aUt
u
in favor Of this section, in changing thisvote, he
supposed il would be necessary that he should
make explanation. He still believed that the
legislature had right 10 define the constitution,
diers and sailors, was conflicting with the provi-
sons of that instrument and unless il could be got
hack into Committee Of the Whole, and 90 amend.
ed Is to get rid Of that part Of iii, he must vote
against the whole section .
Major DAvEzAc replied in defence Of the section,
and in the course Of his remarks was quite severe
on Mr.. Lott, for changing his opinion on this ques-
ton. He styled Mr.. l.. a neophyte, and said that
altered views, he must be over jealous in forcing
them upon Others The Msjor commended that as
the period of election was reduced to one day. 1t
was essentially necessary that the voter should
to guide him. As there were quite a number Of
ladies in the gallery at the time, the MAJOR, OF
course, protracted hi: remarks to great length.
Mr.. CRAMER argued in defence Of the section,
conclusion Of sis remarks, the question wa, taken,
by ayes and noes, and the result striking out
was % to 5S-thus being lost. % .a44.v ya..
Mr. SIXTH then offered an amendment, or rather
proposition strike out that part Of the section
which declares that inmate Of an aims house
shall be considered having lost acquired re-
sidence. o. this question the ayes and noes were
asked, and the result was-ayes A., noes ~ The
previo qeestisn was then demanded, and second
ed. The question was then put upon agreeing
with the Committee Of the Whole in their report,
and IL agreed to, and the bill ordered to third
reading.and TO be printed. f,eiff-J HHt
In the SENATE, to-day the business was wholly
of private and local character, and but little
speech making, and an early adjournment was the
result. lfa rl
Mr.. KIRBY made his first appearance before an
Albany audience, at the amphnheatre last evening.
There was full house, and his able perfo, or
Claude Melnstte, in the Lady Of Lyons, was most
received Tonight he susiains the
parts OF Rolla, and Of William, in Black eyed
Susan. CAVE ULcIscAR.
CurckAsAw MURDERS The Eagle, published
At Fort Pickering, states that serious rupture oc
cured near Fort Towson, at the trading establish
ment Of Col Felix Lewis, and OF De Sots, between
The Chiekasaws and Col. Lewis and one or tive |
clerks. A Misunderstanding occurring between
some ofth chiefs aud Col Lewis, respecting some
laAd claims, Col l.. was attacked and
and his clerk interfering, was kiiieo ana
the goods and tesdjuv hos a. strewn the winds.
Col 4 ews moi haxins aiace haen heard FROM it 10