New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-07
ALBANY.


MIR. scbOOnmRker's Seat-TrOy Election.
Correspondence of The Tribune.
ALBANY, Wednesday, March s.
The Senate for the last two days have been oc
cupied with the question whether Mr. Schoon
maker, who is Senator from the Tenth Senate
District, and who has been elected to Congress
was entitled to hold his place as State Senator.
The section of the State Constitution giving rise
to this estion reads as follows:
Art M a. No person being member OF Congress,
or hocing any Judicial military Office under The United
Slait shall hold IN the Legislature Aod aay per-
son shall after bis election as member Of III Lea satue
be elected % C0ngreG, appointed 10 any ONCE civil or
military under he Government Of The United States, hs
Acceptance thereof shalt Vaoate h" seat'
The question hinged altogether the words
which are italicised. The Opposition contending,
from the examples heretofore set by Silas Wright
and by Judge Maynard, that it was the duty of
Mr. Schoonmsker to resign, or that the Senate
should declare bis seat vacant under the prOyis
ions of the Constitution. Messrs. Mann, Dart,
Stanton, Carroll &c. quoting precedents, fifteen
precedents, from Parliamentary usages OF Great
Britain. Messrs. Babcock and Owen, from the
Ist and Hid Districts, especially distinguished
themselves by very able speeches on the other
side Mr.. Babcock went over the whole ground
with signal clearness, contendDg that Mr. Schoon-
maker was not yet Member OF Congress that
though be had been elected, yet be had hOt slgui'
fed bis acceptance that the Constitution did not
contemplate any such construction as the OPPosl-
ton wished TO put on it that it was not until he
had been sworn in that he could be termed
number within the meaning of the Constltdaoni
that il was not until be signliied bis acceptance
by some overt act that bis seat would be vacated
IN the Senate.
Previous to the final passage, Mr.. Guinnip made
some remarks relative to the equivocal position
of Senator Beekman, TO which that gentleman
responded by saying that it was evident there
were two sides to the question, sadthat he should
most undoubtedly vote on that side which ne
thought was right; and that he would take the
opportunity TO repay some Of bis Wing friends
with good for the evil which had been done TO him.
The vote was taken and Mr.. 6choonmaker was
declared entitled to bis seat as Senator, by l6 TO
IL. All the Wings voting but Mr. Shoemaker.
Some Of the Opposition were absent
The STATE Register Of this morning contains an
attack, purportiDg TO come from New-Yoik' on
Senator WILLIAMS of your City, for his maoly
and honorable course on the T. s. Senator ques-
ton. IL il like biting file, on the part OF the
Register. There is not a member OF the Senate
who enjoys in a higher degree the respect and
friendship Of the whole Legislature than Mr..
Williams, and whose opinions are listened 70 with
more attention.
The recent election in Troy, city which gen
orally gives 600 majority Wing, is a specimen OF
Silver Gray engineering Mr.. Slocum, the defeat
ed candidate for Mayor, is gentleman who IS unl-
versalIy known in that city as Wing without
sny particular psrtiaties for either section. The
nomination vas pressed on him by the SILVER
Grsys. Their representatives in the Convention
urged bic nomination, and when he wished to de-
cline they urged bis acceptance. The resultin the
Third and Fourth Wards Of that city is ssathcIent
evidence in what ranks there was determination
10 elect a Loco Foco in preference TO wing
This is the policy of Silver Grayism all over.