New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-05-05
The Question mt Issue.

The Question nt Issue.
The real motive power which impelIed
the twelve Opposition Senators TO violate
their duty, desert their posts, disorganize
the Legislature and burden the State with
the expense ofan Extra Session, is tooclum-
silly masked by the pretense set up to COW
er it, to mislead any but the simplest and
most uDpractised in the sharp practice of
hungry politicians. The assumption that
they had no other recourse against the pas
sage of an unconstitutional law, vanshes
before the fact that, in the regular course of
things, the cOnstitutiOnality of the law
might have been tested in the Court of APP
peals, and finally decided, without causing
any disturbance to public affairs, or i0flict-
ing the sligbte st injury upon the Constitu-
ton or anything else. The sole apology
they set up for their act is thus a confession
that they have no apology; it is a plea Of
guilty on the Indictment it is an admission
that their ofense was committed without
the slightest necessity and that instead Of
being a solemn protest against impending
and irreparabe violation Of the Constitu-
ton, it was the wanton trick of set of
greedy gamesters playing for office and
the chance of fattening their lesnness upon
its spois
All this is tacitly confessed by che ad-
vocates of these fugitives from duty. They
do not and dare not face the fact that the
Court of Appeals is competent without
any new or special enactment, to annulany
unconstitutional action of the Legislature,
and that if the Canal bill is Of that sort it
might be so annulled before a step had
been accomplished toward its execution.
On other branches of the subject they can
talk with lustiest vociferatiOn and en-
phasis, but on this they have nothing to
say it is a point they prefer to pass by
in silence, or elude by artful lodging, for
they know it is fatal to their cause.
Now suppose that the bill should be
passed after ell, Just as it was left at the
dissolution of the Senate; will the party
leaders, who forced their submissive but
not always willing agents to commit the
offense for which they are now on trial be-
fore the people of their districts, then re-
sort to the Court Of Appeals to prevent its
execution a.! # they sincerely believe it is
unconstitutional they are bound to do this;
if they do it they confess openly and aloud
before all men, what they now confess
tacitly, that nothing else was ever neces-
sary, and that they have not the shadow
Of an excuse for their late outrage upon
the people. We shall see which horn Of
this dilemma they will select
We are willing to suppose these gentle
men somewhat disappointed by the turn
affairs have taken; their play has not had
the success they hoped. They did not
count upon the GOODNESS and frmness
shown by their opponents; they thought
to friehteR them into a desertion Of the
great measure at issue, and into an admis-
sion that it was too doubtful TO be insisted
on. On that ground they meant 10 fight
the battle at the Fall Election. Then they
expected to reap a whole harvest Of
charges and denunciations against the
Wigs, those inco1igible inventors of In
ternal Improvements paid for by the hard
drawn taxes of the people This was an
issue on which they counted, which they
regarded as indispensable, every other
having proved worthless to them. The
Wings had introduced a nine million
debt and corruption bill; it had been re-
sisted 10 the last by the "Democrats,'
Heaven save the mark y and after all,
the Wings had not dared to insist on it!
They knew it was unconstitutional-th the
rsscals,-and in very shame and terror
abandoned it This was to be the text
and on it innumerable changes were to be
rupg.
But as We said, the frmness of the
Wings eurtailed this scheme Of its fair
proportions. As was their duty, they
stood by the Canal bill, aud refused to be
made accessory to the act of the recusants.
And when it finally became aPPareA-thst
the minority were determined either to