New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-06


elect. If they are found to Disagree the
two Houses must meet in Joint Ballot and
elect. Thus every contingency that can
fairly arise is provided for.
A Joint Resolve in pursuance of the pro-
visions Of this law was a few days since
adopted by each House-no one dissenting
that the two branches would proceed to
the election of Senator at noon on the day
fixed by law.
Did hey do IL? Here is the Federal
Constitution, which they have solemnly
sworn to uphold, imposing on these legis-
lators the duty of choosing Senator here
is a law of the State decreeing how and
when this election shall be made; here is
their o,cn Joint Resolve pledging them to
obey the Constitution and law on a partl-
cular hour of the day specified in the
law. How have these Legislators fulfilled
their responsibilities and obeyed their
oaths
The great body of the Wing Members
of both Houses have honestly and faithful
ly endeavored to choose Senator. They
selected their candidate, in good faith voted
for him, and very nearly elected him. Yet
an election has for the present been pre-
vented. How ? and by whom !!
Of the Wings who scattered their votes
in either House we have already spoken,
and shall speak again. Their fault is
grievous, and grievously will they answer
for it. But it is not identical with the rec
reancy of majority of the Opposition SEN
ators. That stands on distinct grounds, was
impelled by different motives, and IS OF
graver character. Their impulse was not
a real nor affected hostility to the person
whom their compliance with their obliga-
tons would have suffered to be elected, nor
even to his principles. They had differ
ent, a palpaple object-tbe defeat Of ANY
election of U. S. Senator.
The Federal Constitution imperatively
commanded an election. The State law
enforced that command and prescribed the
mode of obeying it. Their own Resolve
recognized the duty and affirmed their will
nns"~sa m obey. All these they have de-
iberately defed and outraged.
The Opposition Members had held a
Caucus and nominated candidate for SEN
ator-namely, John A. Dix. AS a man, he
is every way worthy of support; as a
Statesman he was especially endeared to
majority of the Senators as well as the
Members of Assembly. They were of
the section of the party known as Barn.
burner;' so was he. There is no moral
doubt that, if their votes could have elected
him, at least ten Opposition Senators would
have voted for Mr. Dix.
Yet they withheld their votes from their
own chosen candidate, their esteemed lead
er, and carefully scattered them as widely
as possible, BY manifest concert, they
threw each of their votes for a separate
candidate. Does any man doubt the OBJ
ject! Will any man contend that they
purposed to obey the Constitution andlaws,
and not to evade and defeat their requisi-
tionsl Did not every man of that political
minority rise to vote with perjury on his
lips and treason in his heart
The Constitution and law required
them to nominate q U. S. Senator; Did
they even attempt to do it Did they not
palpably contrive and cOnspire not to do it,
nor even to allow those who were loyal to
do it! The record of their votes gives the
answer. The final vote to adjourn before
l o'clock was an unquestionable vote to de-
feat that election which they were several.
ly bound to effect. Now we contend there
was never clearer case of perjury.
We commend the whole matter to the
judgment of the People of New-York.
This is the third attempt which has been
made in the history of our State to defeat
an election of U. S. Senator by premedita-
ton and concert. Former attempts have
recoiled on the heads of their authors. Can
it be that this will have different result
We cannot believe it.
TO the faithful and law-abiding ma
jority Of the Legislature, we say in behalf
of Two Millions of People, STAND FIRM
We hear that you are urged to pass Re-
solves approving and sustaining the Fugi-
tive Slave Law, on a promise that you
shall thereafter be grati6ed in the choice of
Senator. We counsel you to HAVE
NO FELLOWSHIP WITH THE ENFRUITFUL
WORKS OF DARKNESS, BUT RATHER RE-