The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-04-21

serve the interests Of their cDnatitusnts by re-
manning and passing those bills, whish could BE-
passed by the present constitutional quorum re-
naming. and hs appealed to the senators con-
stituting the Responsible majority to remain hefo
now, and perfect the business Of the greater part
Of the session. No person had attempted an ex-
PLANTATION of the extraordinary course Of the ma
jority in crowding this act through, and be won
dered the more at it, because he knew there were
some senators around their board who not only
doubted the constitutionaIity but the expedi-
ency Of the measure, and who, under strict
party discipline, would vote for the bill.
Mr.. OWEN said the bill before them had come
from the other house, after thorough discussion,
and he was glad to hear, without making It .
political question; and while he discussed the
constitutionality OF the bill, he hoped he might
address the Judgment and not the passions Of
the senate. This was a matter which demanded
the attention Of the most consi !erate judgment
The argument had denied that there was power
to review the matter, an decide upon the ques-
ton of the consttutionality Of the bill. This he
denied, and we had only to examine the consti-
tutions of the United States and Of New York,
to be convinced that the supreme court had
power to decide upon the constitutionality Ut all
bills Nor was this all, a guarantee had been
thrown around the constitutionaIity Of this bill
by the opinion of DANIEL WEBSTER, than whom
not man possessed greater confidence Vt the
people for his forensic talent. 1t had also been
fortified by the opinion of JOHN G. SPENCER,
whose opinion on all questions of legal nature
commanded respect. He would ask the mi
nority here II they thought they would satisfy
the people that they were obeying the commands
of the constitution by vacating their seats on an
0xv III AZ
measure he should be upholding the civil power
taken upon the resolution and lost. Ayes s.,
Nays 10.
Mr.. Crook then moved to re commit the bill,
with instructions to amend, making it the duty
of the attorney general to submit it to the court
of appeals, if he thought it unconstitutional.
The amendment was supported at length by
Messrs. Crook and Brandreth, after which the
question was taken and lost. Ayes, q; Nays, IL.
The bill was then read third time The
vote stood as follows: Ayes, II; Noes, 2. Nc
constitutional quorum being present, the bill was
laid on the table.
Mr.. BABcOCK said it was manifest from the at
tempt that had been made, that it was useless
any longer to attempt to legisate, and offered
the following resolution:
WHEREAS, BY the resignation Of IL members
of the senate, large portion Of the electors OF
this State are unrepresented in that branch of
the legislature, and their views and interests in
reference to the most important acts which are
now pending, or may be presented, cannot be
expressed, and legislation, under such circum-
stances, would be in violation of the first princi-
pies of republican government; and, whereas,
the number Of senators are 80 reduced by such
resienation and by absence, that it has been
found, after repeated efforts, that the quorum re-
ouired by the constitution to be present at the
passage of bills essential to the continuance of
the government, cannot be obtained In order,
therefore, to afford an opportunity for full rep
resentation Of the people in the senate,
Resolued, (if tn, assembly concur,) That his
excc!ency, the governor, be requested to con-
vene the legislature in extra session, at su h time
and place rs he may deem expedicnt to the in
terests Of the State.
Resoloed, Cf the assembly concur,) That the
legislature do now adjourn sine die.
The resolution was adopted by the following
vote, AYES, ID; Nays,l.
Mr.. Cook offered the following resolution
Resolred. That our thank. be rendered to the
Hon. Sanford E. Church. for the able and i'm
partial manner in which he has presided over
this body. Adopted.
Mr. ScHooSM6KER moved that a committee
be appointed to wait upon the governor, and in
form him the senate is ready to adjourn.
The chair appointed Senator's ScHooNMAKER
and BRaNDRETH.
After some minutes delay, the committee re-
ported that they had discharged their duty.
Mr.. BRANDRETH offered resolution return
ing vote of thanks to the Hon. E. d. Morgan
for the worthy manner in which he had presided
over this body as President pro tenn. Adopted.
The following communication waa received
from the lieut. governor.
MANSION HOUSE, ALBANY, April II, 1851.
SENATORS | have this moment received a
copy of resolution expressing your approba-
ton of the manner in which have presided over
your deliberations For this manifestation of
your approval tender you my sincere, my heart
felt thanks. | entered upon the duties Of the
chair with many misgvings Of my ability, and
with due appreciation of my inexperience, but
| soon found that you were ever ready to assist
and support me in the discharge of those duties,
and the uniform kindness and courtesy which |
have received from senators | will hold in grate-
ful recollection Even during periods of excite
ment and political controversy you have never
failed to Weld to the chair respect and conf
dence That have committed errors do not
OOuDt, DuL ctIi say Will tfutH anu rluCeTliy
that have endcavored to preside fairly and i'm.
partially, and that no intentional injustice has
been done to any one. The session has been an
important one, an unusual amount Of business
has constantly pressed upon your time and at
tention, and you have devoted yourselves to it
with degree of industry and perseverance
worthy ofall praise. should do injustice 10 my
own feelings were omit to acknowledge the
kindness and assistance which have received
from the clerk of the senate. His experience
has not only lightened my duties, but very much
facilitated the business Of the senate. Senators,
we met IA strangers. We are now about to
part. II may be with come Of us for the last
time on earth. May not hope that we part as
friends! II anything has occurred to mar the feel.
ings Of friendship permit me to ask that it may
be forgotten, and that we shall only remember
the plea-ing associations which have been formed
during our intimate relations. That you may
return in safety to your families and enjoy a
long life of health and prosperity and happiness,
is my ardent and sincere prayer.
(Signed) s. +. CHURCH.