New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-18
The Senatorial Recmsanss.

not conscious of having given more than
paragraph to that object. Waving any
illusions to the "meanness, falsehOod and
hypocrisy" which The Atlas discovers in
our recent article on tne defeat of an Flee
ton of Senator, we will simply restate our
points, and ask thereto our courteous critics
attention.
l. We have shown that the Constitution,
State law, and a Joint Resolve of this
present Legislature, agree in imposing on
said Legislature the duty of electing a
United States Senator.
?. That the time prescribed by law for
such election was the first Tuesday in Feb
ruary, and the manner a nomination by
each House separately, and, in case of their
disagreement, an election by Joint Ballot.
3. OF course, an agreement by MAORI
ty of the Members of the Legislature In
support of person legally eligible to the
office must ensure his election, unless de-
teated By some trick or Stratagem not con-
templated nor countenanred By the trainers
ofhe lac. The provision for going into
Joint Ballot was intended purely and only
to provide for cases in which some person
should have a majority in one House only,
but sufficient majority there to secure his
election by Joint Ballot, could such ballot
be had. A conspiracy, connivance, agree
ment, understanding, or whatever you
please to call it, by sutficiency OF the
Members of one House to defeat nOmina-
ton by that House, aud thus prevent an
election either by Joint Ballot or otherwise,
is a conspiracy to circumvent, defeat and
nullify plain and important provision of
law, based on an express requirement of the
Federal Constitution.
4. Of such conspiracy to nullity pro-
vision of law and thus prevent an election
of Senator, the Opposition Senator'S were
certainly guilty. Were they not For
what purpose, with what intent, did they,
on two several ballots, cast their fifteen
votes for fifteen different persons! Re-
member that they had held a caucus, and
nominated John A. Dix as their candidate
for Senator. A majority of them are
known to have voted to make him such
candidate. And yet but one of them voted
for him on either ballot Was this or was
it not plain case of conspiracy to su6vert
a requirement of law and of the Federal
Constitution We certainly think it was.
As such, we think it involved moral per
Jury on the part of those engaged In it
Others will view it as they think fit; and
use such soft words as they choose. We
prefer those which exactly express our con-
viction. If we cannot thus avoid imputa-
tons of 'meanness, hypocrisy and false
hood" we could not hope TO do 1t other
wise.
But The Atlas proposes to "get at
our conscience and judgment by few
questions" Very good: we will copy
them. They are as follows;
"Is there any power in the Consultation OF the United
States which nakes II the duty OF LegissSres 20 siec
Were the electors Of afeys guilty Of conspiracy and
(ohic,hOders adopted czens, NC who nad sworn TO
support Tie Constitution guilty Of "do"nrgm perjury
Are he Senators and Representatives Of Massaehuse't,
guilty Of conspiracy, perjury and treason ana winch Of
FL % r,inerv Nsbo oa,r choice OF scores OF csnd-
daes or The majority who adhere 10 one he mo'l guiy
eT he by which The Tribune he
conduct Of Sensiof' srpy 20 'ues' N.''' ~ a-0 ~
cases where elections ARE lied
PERHAPS we do not apprehend the At
lass intent in asking these questions; bat
We can perceive in none Of them an essea-
tial likeness to the case in hand What
we object.to is conspiracy u tie min,riiy
Of an electoral body so 10 scatter their rotes
hat (hrough some defect IN the !a'o gOrern-
ing TIE election) me rOtes Of q majority Of
0at body cannot effect an election. This is
what was done by the Opposition Senators.
They knew that legal majority Of the al
innate electoral college in this case would
vote for and elect Hamilton Fish. and they
conspired to deprive that body Of the OPP
poltunity to elect him which the law eN-
presslv contemplated. If the " electors OF
Pslfrey's District" the Members Of the
Massachusetts, Legislature, or any other
electoral body, have done this, they are in
volved in the guilt and the condemnation OF
our recusant Senators, with their counsel
ors and apologists. Bat how Courts and
Juries could possibly commit such an act