The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-03


toner may have recently awakened to the recol-
lection Of the fact, that tn premises descended to
him through long line of ancestors, and there
taQe still when all the facts are taken into con-
sderation, especially, that Of having yielded 10
the temptation of borrowing money upon its
pledge, il does not show that he possessed any
particular affection for the pre- misses until they be-
come noted-shce they become the property of
the State. The committee refused to recon-
mend to the Legislature, re- sale. w.
ALBANY. Feb. "a, 1851.
a Contest TO retain Seat in the Se,sate, and
another to obtain one ~ the Houss-An Extra
Session talked of, to make new Comgrenonal
Districts.
II is now rendered certain that was mistaken
in former communication, when | stated that
Mr., Schoonmaker did not desire TO retain his sect
in the Senate, in consequence of having been elect
ed to Congress, after the 4th Of March. The dis
cussion on Friday clearly discloses the fact that
Mr.. S. desires TO retain his seat in the Legislature
of this State to the last moment Of its session.
Some ten weeks since, Mr.. johnson introduced
bill repeating section in the revised statues,
which declares that member OF the Legislature,
elected to Congress, shall, within ten days after the
fourth of March, signify his acceptance of the Office
of member of Congress, or he shall be deemed as
having declined such acceptance. On Friday,
the Senate went into discussion on the bill for the
repeal Of that section of the revised statutes.
The entire day, down to six o'clock in the
evening, was consumed in committee five
sixths of the time, in rambling talk by Mr..
Carroll, for the purpose of staving of action until
future day, with the hope that democratic majo.
rity might then be able prevent the bill from being
passed in committee. The wing majority, how
ever, stood their ground manfully, and took early
precauiion to send their janitor tor supply OF
crackers, cheese, brandy, and other stomach sup
porters The call of the Senate brought back
several Senators, who had purposely absented them
selves, when quorum passed the DILL
AS the repeal of the statute was openly contended
to apply to the case of MIR. Schoonmaker, it ap.
peared very indicate, if not inappropriate in him,
TO take part in the proceedings IL was matter
which involved the question as to whether he could
hold his seat in the Senate after the 4th of March
Mr.. Babcock, the wing leader, plainly stated,
that if the statute was not repealed, Mr. 5.
could not remain In his seat after the 18th of
March, unless he gave notice to the Secretary OF
state OF his nonacceptances OF the office Of
not address the committee during the discussion
on the bill, still he remained in his during the
entire session, voting upon every motion in behalf
of himself. One of the Senator's in the course of
a speech, propounded few interrogatories to the
member OF Congress elect, the answers to which
will show the anxiety MIR. Schoomaker felt fer the
immediate repeal of law which stands in the way
of his remaining Senator only few DAYS longer.
The colloquy ran substantially thus =
Mr.. Stone, addressing himself to MIR. Schoomaker
:" DO you consider yourself a member of Congress
after the 18th OF March next!
Mr.. Schoomaker-"No, sir, do not"
Mr.. Stone, again" When, then, do you expect,
by virtue OF your election, to become member OF
Congress
the assembling OF Congress, on the first Monday
in Dece mber next"
Another question was put, enquiring whether
Mr.. Scho omaker considered that a vacancy exist.
Il
OF March, when his predecessors te rm expires,
and the third day of December, when he expected
TO be sworn into otiice-to which no reply was
made. These facts show that Mr.. s. had per-
sonal desire TO hold his seat 10 the last moment.
Now, after all, il may not be that Mr.. Schoon-
maker should be repro ached for his anxiety to
tam seat In the first place, no election for
United States Senator has yet been effected;
neither has day been fixed upon when another
trial shall be had And as there is much difficult
~, and probably an lnsurmountable obstacle inter.
vening, still circumstances may arise towards the
latter end Of the session, which will render Mr.
SIS vote indisper sible in settling this much mooted
and perpexingly "vexed question"
but there Is another reason, and one which
think is the prominent cause for retaining Mr.. ).
in the Senate. l. ID the formation Of Congress siena
districts under the late census. IL is now ascer-
tanned that full compilation OF the returns
throughout the the whole country, cannot be COM
pie;ed in The Home Department at Washington,
bel the expiration Of the hundred days for which
the members Of the Legislature get paid. There
fore, II is now matter OF paramount importance
That an extraordinary session OF the Legislature
should be held in the course of the coming
summer, in order TO district the State,
for the next ten years. This is
matter OF much consequence, for politicians in
power well know how TO gerrymander the State so
Is to benefit their own party interests And unless
MIR. Schoomaker can. by any " hook or crook" be
retained IN his seat, the wings will not have con-
stiIutional jority in the Senate and consequent
ly no extra session will be called, and the wings
Will trust to luck" for majority in the next Le-
gislature, when bo.b houses will be new bodies
Therefore, Mr.. s., party man, is prob ably ex-
cusable Tor his course in the Senate, Friday in
voting 80 frequently upon questions inv diving his
own right to seat in that body after the 4th day
OF March.
II was declared by democratic Senator, during
debate, and repeated with much emphasis. that any
vote which MIR, 5. may give upon the question Of
sional districts, after the 18th of March, that pro-
tests would be entered, his vote challenged, and
the validity OF such votes be contested before an
United States tribunal and the expounders of the
constitution Of this State.
Extra sessions Of Congress or the Legislature
have not been well counienanced by the people,
and II is doubtful whether whether Governor HINT
will issue his proclamation for one.
In the House there has been sharp contest for
several DAYS, in relation TO the seat held by Mr..
Jayne, OF Yates county, contested by a Mr. Under
wood. The claim which the latter gentleman sets
1p, and relied upon TO Dust his democratic adyer-
'ary, was not fortified with sufficient testimony to
warrant the committee on privileges and elections, |
hough msj orty Of his party friends, in reporting
ayorable on his petition. They are both admitted |
o seats in the House, but Mr.. Jayne only is per-
nitted TO speak and vote, to which privilege he is
Untitled in consequence of appearing with certifi-
ate from the county canvassers of his election. On
friday, the House concluded to send the chair. |
ran cf the committee, Mr. Bishop, out to Yates
ounty, in search Of further test mony TO sustain
he application Of Mr.. Underwood to a seat The |
ontroversy will undoubtedly continue, as in the
range county case last year, until near the close
u the session, the sitting ember and also the con-
es'sni receiving full pay, and stealings in" So
goes with those who love the "dear people |"
W.
ALBANY, March l. 1851.
h~otho Interest Blu in albany.
Mr. Morgan, from a select committee, reported,
his morning, to the Senate, the following very i'm |
oftant hill - W