New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-20

good many don't pay by that time and
what of it! Does it require a new law to
enforce payment of them afterward -
Does any man imagine that, because he did
not pay when he should, he is now alb
solved from paying when he can! Or that
any new legislation is required to enable
or authorize him to liquidate providing he
has the needful
The Joke that, because the Senate at
tempted in good faith to obviate Mr.. Beck
mans scruple by passing a supplementary
act-1clicl he By his o'cn rote Dictated
therefore, no election can now be held-is
not bad as Joke, but is not operative to
repeal an exis: ( statute.-The act is mot
in accordance with the Constitution he
says: how, in this case, is that of Beekman &
Co. in conspiring to prevent nomination
by the Senate while acting expressly under
a law which explicitly required them to
make a nomination But his constituents
will settle with him for that.
But the Senator from the Fifth is not
absolutely solus in his misery amid the gen.
eral exultatiOn. The tears of The Express
mingle with his. The Editor says:
"The materially of the TIME in the Law is demon
strated B the fsc that the accidental absence Of Messrs
Brsndreth and Dart who undoubtedly relied upon The law
fixing February Is the Time Of an eleconl was imProred
upon get plurality In the Senate, such could not hare
been gotten il they had been there and then this accidental
plurality is used tie joint Resolution to oyertrn The
Constitutional majority OF a law OF the state
But this grave calumny is refuted by The
EXPRESSES own Albany correspondent, as
we'll as by the Editors own previous as
sertions that the whole matter had been
stocked beforehand, and that the Barn.
burners had conspired with the Higher
Law Wings to compass Mr.. Fish's cleo
ton. Directly below the Editors mis-
statement above quoted, we find the fol-
lowing refutation of it
lBy Tf Rsgga I 70 Ihs cypress
DR. Brandreh is absent by accident Dart (Barnburner
n hogerey Brandreth and Dart had not been absent
Stanton abolition BArnburner and another BarHburneT
,cOuld hare 0bsented hemstltes.
Gerr Smith has been some time arranging the whole
thing, ard he operates through Stanton and Others
1t certainly would have looked better to
put the calumny in one column and the re-
tutation in another.
But, in another dispatch from Albany,
corroborated by Editorial assertions that
Gov. Fish is not legally chosen, we have
the following;
"The excitement lie very great The Bsnburners Justify
themselves by saying thai they carry the next Legs'
lure and then they will I'LL up the Senatorial vacancy win
Free Soil Barhburuer not acknoedga9 nat ne election
is rad according lqo. They thus protest against its e
gality, while they have aided and abetted in IT,"
TO this Roorback, we oppose the fact
that most of the Barnbumers present in the
Senate and six in the House voted at this
election, which they would hardly have
done had they considered it farce and
nullity. And the Barnbuner Lieut.. Gov
ernor, as President of the Joint Meeting,
ofciqlIq declared Cor. Fish elected [. 5.
Senator for sir gears.
So The Ereaing Post, the leading Barn
burner organ in the State, while it cavils
at the manner of Mr.. Fish's election and
evinces a wish that it could be set aside
thus disposes OF the cavil as to its legal
ity:
"The Legislature has no occasion 10 look beyond It's own
supreme Will for directions the time mode, or place
of choosing ned States Senators IL may declare ts will
In whatever way peases and at each successive election
II II plesEe IT, however the case In ths State
likes tne for future election by law that law must be
executed repealed. The election therefore, would not
have been valid before the second Tuesday Of Feb
ruaTy unless the law had been practically repealed by law
Having iled however, to elect on the day assigned, te
lac irGs no longc for tie present Senatorial term at least
a limitation UPON The gW Of The Legislature
"lfl1Bi body chooses to declare by law mat door
keepers for Ihs be elected on the first day
Of lis session. and the Legislature sta be prevented by
Any from making election on that dDy 10 enc VIII
pretend that they would be Obliged 70 reeea he isw OF
The election Of Senator the Legislature under constant
direction from the Federal Constitution 70 elect repre-
sentative TO the tes 10 The United States Senate
They ssary but 'or the convenience OF members
and The public TX by law upon day, prevousto which
ably have gore into election by concurrent resolution on
tie fni day OF the session. but for this law When the
time arrives they cannot get the aoriy which the awre
quires and do not elect The law therefore, fo this Legs
ture dead and the LeeGure is al liberty either 70 eeet
& 81 10 eTpgesS 81 VIII The law Il one which neither
this nor Legislatures which are TO succeed H. can
further execute and discharge their Constitutional duty Il
s therefore, fer a. these Legislatures are concerned
void IL no binda them than would law which hxed
al roOr prevent their holding session. II mere iaied 70
be enough members TO constitute quorum al the noar
specified ,-.,,...- -,
For these reasons constrained TO believe thai
The election Of Mr. Fish Is valid and that the friendly sugu-
res of the The Express in behalf Of the Democratic party
will end in the DISAPPOINTMENT OF The Augur and al who
put faith In him
The pill seems bitter, but our Silver
Grav friends must swallow it, and will find
no relief in contortions of visage. HAmL-
TON FISH is the Senator, and nothing short
of death OF resignation will displace him
for six years to come.
Practical Cooperation.
Wealth and Wisdom have long since I'M
derstood and nrofted by the advantage o.