The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-23
THE WHIG LEGISLATIVE ADDRESS
TO THE
PEOPLE OF THH STATE OF NEW YORK.

been brought to close by proceedings unparalleled in
hereunto subscribed desire to present for your calm
intelligent Judgment, condensed statement Of the acts
by which the government Of this State has been sus-
pended and review of the subteruges which are urged
In excuse therefor.
The Of the State Of New York Is republican
in its character and form At the very OF republic
eanism lies the principle that the will Of the majority
expressed and embodied according to established FORMS
is to be law for the whole Whenever that principle Is
denied either in theory in practice the essential ele
ment of political freedom is destroyed and the only
minority. upheld by force.
The people Of the State of New York, grateful to
Almighty God for their freedom, in order
blessings have established the existing constitution
They have therein proclaimed their sovereignty
nave prescribed the agencies ana forms through which 1T
shall be exercised They have committed the enactment
Of all laws to Legislature, consisting Of Senate and
Assembly composed of members elected by themselves,
and responsible to them for their acts They have do
creed that the assent of all the members elected to each
branch Of the Legislature shall be necessary for the
enactment Of any law and that upon the final passage
in either house, Of any law which appropratcs public
money to any public three-fths of all the members
elected thepeo shall be necessary constitute quorum
therein The object Of this provision is very evident IL
designed to secure full representation Of the
people possible whenever their money to be used
under legislative authority 1t intended to
for such acts complete representation than
required for ordinary legislation.
The Legislature, the 18th of April, proceeding
in its ordinary of public business, when bill
came for its final passage in the Senate being of
large number of bfs for the passage which quo
rum of three fhs necessary. Twelve Senators i'm
mediately rendered their designations, and thirteenth
vacated his seat and placed himself beyond the reach
the Senate Upon taking the vote seventeen Senator's
being majority of all elected, voted in of the
bill and two against it, Less than three-fths of the
members elected to the Senate thus found have
been left therein. The Senate thus dsorganzed
The made necessary by the constitution for
transaction Of important business destroyed mi
norty Of the Senators had rendered 1t impossible
Legislature to discharge duties imposed upon by the
constitution. No money could be appropriated for the
support Of government No bill, requiring the of
two-thirds Of all the members could be passed The
constitutional power of tho majority had been COM
Fletcy nulhed-not by the veto of the Governor, by
the dissent Of coordinate branch of the Legislature
nor by any other mode for which the constitution
provision but in way unknown to constitutions and
laws and in its nature and tendency destructive
both The constitution provides for the
in all legislative acts of all the people Of the State 1t
that in all such acts all the people will be rep
resented And every proceeding by which this assump
ton which pervades every section and every clause of
the constitution, and without which indeed, all its pro-
visions would be useless shall be nuifed-any act by
which large portions of the people Of the State shall be
disfranchised and deprived Of representation-is
srunen would be the most faced disregard of
some specific injunction which it centains.
We have, therefore, hesitation in denouncing the
act Of these thirteen Senator's who having enere into
conspiracy for that purpose dsorganizcd the Senate by
vacatDg their seats, wul violation Of that Consti-
tuition which they were sworn to support.
The act, moreover, outrage upon the finda-
mental principle Of n republican government. 1t an
open denial Of the right Of the majority of the people
through the representatives thoy had chosen make
laws for the of the State The right of the
majority to rule is the first principle of every rcpubc
",
in every responsible popular government imposs
BILE IL has hitherto always been deemed the crownng
eumstance and in every emergency to this great doc
trne of democratic faith Submission the will the
majority until should be reversed upon appeals made
in the for which constitutional provision Is ade
Is the principle which lies at the basis all institu
tons and which has carried country through every
crisis and every conflict 1t gave strength aud
cess in the revolution; it has given staui
y from that time to this Every State in the Union
sharp political and civil eonte rhs GnoS s"S hss
been repeatedly convnsed by the struggle of contcndng
parties for power aud supremacy But in every case
hitherto whenever the issue has been decided the YER
diet Of majority has been accepted law But
instance has ever been known until now in American
history in which the minority have claimed the right to
rebel against constitutional majores by violent
Unconstitutional methods render their will of effect
The Legislature of South Carolina In 1892 asserted but
did not carry out the right of resisting the will of
constitutional majority u Congress 1t reserved for
the great and enlightened state Of New first to put
in practice this arstocratc and dangerous doctrine 1t
left for thirteen members Of the Senate this State
claiming exclusive democracy thus, by force ani vo-
lencc TO PROSTATE in tho dust this principle
ofeycry democratic government
II must be borne In mind that II the action Of these
dorganizng Senators be sanctioned In this instance it
may be practied in every other. The right asserted il
il exist in this case, every that arise
II will justify twoths of the members Of either House
IN nuying the viii OF the maj GRITTY Of both in every
which arise und,r this section Of the eonsi-
tuition. No appropriation be made for the
support Of government for purposes Of education
repairing the state canals for the payment debts or
claims for offending the State against INVASION
any public purpose Whatever IL this minority tit
defeat IT, Ifonc political party may pursue this
to-day, another may tomorrow. Tho precedent which
has nov been set would put the whole legislation of tho
state upon every subject involving tho expenditure or
appropriation of money, into the hands of n minority
and that too, undt democratic Of governpen mt
the fundamental principle Of which Is that the majority
shall rule.
IL mutt be evident to all that such principle as this
practically carried out, would subyert the constuton
and prove fatal to republican government Its ten.
denotes and inevitable rcsuits may Dc seen In France
and the republics of South America The most gallant
struggles 81 brave people. c0nlcnding for govern
and the blessings OF freedom have been nsurans
ny practical disregard OF this fundamental right OF tho
majority to rule Disseminated mnorities have refused
o. abide by the provisions Of the constitution aud to
yitd ihcir own opinions t. the opinions aud the win Of
the majority II j. this lack Of good faith which has
rendered ffuitcs the gallant efforts Of the people Of
France, for the establishment Of republican institu-
tons, ard the afsortion Of their right to govern
homsclycs Mnoritics rebel against decisions of the
popular vote-party madness overleaps the bounds
aud barriers Oi the constitution and appeals
ntm the decisions q the majority TO the ecrees of force
ust reliance upon The intelligence Of the people
rally prccluGes all apprehension vi such result In this
country liu the best security against lies in the
jection Of the principle out q which grows Let It be
distinctly understood that the majority must rule aud
that the decisions q the majority be accepted
law until ruvcrsed let niinorities understand that
dsoganzation ofgsvernmenti l. not recognized mode
resisting the voice u the pcopesnd that good faith
rcguircs scgussccnce in the will Of maorities Crom
well when the English Parliament would not lc slate to
suit him drove the members fm thor point
q the bayonet The minority Of the senators ia this
state when the majority Of the Senate would not vote
TO suit them broke the governm, mt by abandoning
the trust which the people had dcvolvod upon them
The principle Of both proceedings is the samethe diff
ference between them consists in the kind Of force
sorted 10.
II may be said that appeal In this case In simply
taken To the people that they called upon decide
by their votes whether the will Of the majority H. or is
not in accordance with their wish So it was in Crom
wells lie broke up Parliament and ordered new
election lie appealed tn the people 10 sustain his
So always Is in France. in Mexico the repub
states of South America An ambitious. discomfort
cd minority rebel against the majority and appeal the
people The wrong aud the danger In those cascs in
this lie in the fact that the appeal Is taken
formy with the fundamental law which all have agreed
to abide by The Constitution of this state provides for
appeal to the people The actions of the majority
10 he reviewed and judged every year But the dsorg
MIXING minority do abide by that agreement They
claim the right to take appeals whenever the majo
ry propose to enact any law which they dislike IL H.
easy 10 see how sueh principle carried out must cyi
teby destroy all representative government, and plunge
us into hopeless anarchy.
II may e urged that after twelve senators had resign
cd twenty til ft. and that the legislature Of the