The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-05
st'cmrt 20 Elect Senator by the Kew York
Observation-Disclosures Of Similar Instances
In this

The ielegrarhic despatch of yesterday from Al
bAny, i viii be seen, Informed us Of the failure TO
cleo, IN U. :. Senator, in consequence Of one ofthe
wings in he Senate refusing to vote for Hamilton
Fish, the whig candidate. The Assembly chose
Mr.. Fish; but Ii OF the Senators, of whom ID are
democrats, voted against him. The final result is,
therefore, uncertain. We give the following expla.
nation Of the law Of the State on the subject, and
sketches Of similar instances in the history Of the
State, which will prove interesting at this time.
The law Of this state, By which Senator's to re-
present the State in Congress are elected by the e
gislGture. which law has been in existence for
many years requires such election to take place
the fret Tuesday in February, previous TO the time
when he term IF the Senator holding the place
pires viz the 81 Of March ensuing The manner Of
choosing u. = Senators is peculiar in this State,
unless, perhaps, we are initiated by Michigan.
Il Il as follows Each me nber OF the Senate, and
g, the house Of Assembly, (the houses sitting In
heir separate chambers on his name being called,
rises in HE seat, and openly nominates the person
of his choice for T. s. Senator. n a majority Of
the whole body Is found for a candidate the fact Is
announced by the presiding officer, and a message
4 sent 10 the other branch Of the Legsla.ure. de-
clarinr The choice, and the readiness o. the House
20 meet the coordinate branch, 20 compare nomi-
naiions II both houses have succeeded in max.
ing q choice, the Senate comes into the Assembly
chamber, and If the nominal atoms agree, the per-
son who is the choice OF both houses, IL declared
elected Senator. n the nominations Of the two
houses disagree, joint ballot Immediately takes
place, the choice Of members being confined 10
nc two names which have been presented BY each
house respectively To bring the two houses
together, II viii be perceived II is necessary for
each branch 70 have made choice Of a candidate,
ether concurrent or oiherwi,e Consequently, II s
in he power Of either house to !reyenia choice by
refusing to make a nomination, and this IL usually
dtne by members scattering their votes on vari.
oos candidates, 10 tina, 70 one shah receive a ma.
1ori'y, and thus the necessity Of join. ballot l.
o1yisied
This scheme OF preventing choice Of Senator's
was invented in the year is2j. when the friend Of
Gov. Chnion--thc late Ambrose Spencer-was the
shoicc Of the peoples party, 20 called, IN The A.
senbly; and the Senate were anxious 10 defeat
him, ma jor,y Of that body then being anti.Chn-
fonisns. In the Assembly, Judge Spencer received
seventy-seven votes, sgains, fory.6ye for other
persons. III also received ten votes IA the Senate
against twenty.ons for other persons. ~ course
Spencer's election was certain, II the two houses
could be brought together il JOIN, ballot, according
20 law, as on former occasions. The Senator'S
were determined TO prevent this, q, all hazards
they looked with horror on the possible election Of
Judge Spencer Their attempt to make a choice
was, therefore, = mere Tretence, and they accord
Spgly scattered their votes, the twenty SENIORS
voting (doubtIess by previous srrangemenD for no
less than seventeen different persons for u1ited
states Senator. taking give neither the per
sorc msniei more han two votes. and thirteen o.
,Atm only enc vote each hfsr this farce ofafparen