The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-24

NEW YORK CoLLEoToRsHIP CoNrEsTED.-A very
curious and extraordinary excitement has now
sprung up between the wings of this city and Cap
tain Tyler. 1t grows out of the Captains attempt
to remove sundry officers during the recess OF the
Senate but particularly his attempt to turn out MIR.
CARTS, and instate Gov. Van Ness in his place.
The wing papers are kicking up great dust about
it. calling gross outrage, and various other hard
names Great sport is likely to grow out of ii be-
fore it is done with Mr.. Curtis has not only been
under the constant advice of his patron saint, the
cod-like Daniel but he has in addition lately been
spending some weeks at Washington, where he
has taken advice of some Of the old sachems at
the Grand Council.
The result of it is, that Mr.. Curtis has come to
the conclusion to hold ouer, mainly on the ground
that his removal took place when Charles e.. Ferris
was appointed, during the session of the Senate.
Probably several other officers will hold over also.
The ground on which they will contest the le-
gaIity of these new appointments by the President,
may be seen in the following article ct the Constl-
tuition, which is the clause on which the whole
matter hangs.
ARTICLE II--sec. and 3.--The President shall have
power TO fill up all vacancies that may happen during The
f m, Snate by granting which shall
expire at the end of their next session
By this article it is clear that the President can
grant no commissions in case of vacancies which
occur during the session of the Senate. AS, tor
example, in the case of Secretary Spencer-the
vacancy occurred during the session OF the Senate,
and the President was obliged, by the Constitution,
to send in the appointment, during the session
of the Senate, or else the Office would continue va
cant And it may be regarded as shrewd way OF
evading the provisions of the Constitution to APP
point Chancellor Bib, whose age and position rem
der il altogether probable that he will not accept.
Consequently the office becomes vacant during the
recess of the Senate and it is now matter OF Gu
riesity to know whom the President will appoint to
the Secretaryship of the Treasury.
But the case of Curtis differs from this. He will
claim that his Office became vacant by the nomin-
alton of Charles G. Ferris, during the session OF the
Senate, since which time he has been mere locum
tenens. The opposite side will maintain that NOM
ination which was not confirmed by the Senate
does not create vacancy. That is the argument,
in a nutshell, on both sides.
We have it from an authentic source that some
months since Mr. Webster held a conversation or
consultation with Mr.. Curtis, in which he assured
the latter that supercedeas would have no effect
Mr. Curtis will therefore, hold over-refuse to obey
d supercedtas, and veto the appointment at Gov
Van Ness. It will be Young Veto vetolng OLD
Veto. We believe this is novel case of vetoint
The acts Of the President in matters OF this kind
and the conflict will be funny one. The Wings
on the one side, and Captain Tyler on the other
are in the position of the Kilkenny cats while the
Democrats are looking on to see fair play. The
contest will begin this week, Immediately on the
arrival Of Gov. Van Ness, the new Collector