The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-18


this morning taken the step, which could not believe
they would have taken, that this is appeal to .
twenty hfth, Mr. stanton yesterday foreshadowed it,
and this morning the Senator from the nineteenth,
Mr.. Mann, did the same but not prepared
acted. What is Its characterl 1t has not the excuse
Of being the ouy step which could be taken to prevent
violation Of the constitution II such violation was oon
tanned in the bill II the bill Is unconstir utiona there
another tribunal to judge Of that defect and decide
that question aside from this Senate Hence that OBJ
lection must fall for Of all created beings capitalists
most uliary careful and discreet aud not dol
lar would be wasted by them until if the poat was
mooted they had satisfied themselves perfectly by the
opinions of all the legal talents in the State They would
begin the work until it decided beyond Doubt
that II was constitutional But again the whole ques
ton open to the legal tribunals OF the land there
Is no excuse, no apology for any such extraordinary
course as has been pursued. II this bill is uncons-
tutional, If it Is illegal. it bo remedied in a
legitimate and legal manner. Now, the question
for the responsible majority to answer is this:
shall tc dCterred from performing our duty by the
threats ofthe minority Shall We be deferred from doing
duty bccsuse others have failed TO do theirs This
is question for each ono TO decide for himself My
said he l. perfectly clear. IL yield
their threats should put ourselves in noenvabe PSI
ton This is appeal to the higher law" and long
the &C urs open for redress aud remedy appeal
IAN higher law" is revolution. IL i blocking the
wheel Of legislation, and shall when BILL which
fully discu sed in the Assembly and passed by large
vote and which has been before three weeks,
up in its uual for action, entertain resol
tcn which In effect postpones il indefinitely If go,
the thing be done with any bill that CONES up
We are here with a bare quorum and the senator from
the Twelfth district (Mr Carro say. if wo not aban-
don poition and yield to his commands and inunc-
tons, hc shall leave Ike results to follow they may
shall we yield TO his threats Never
mr. CARROLL said that the responsibility must rest
with the majority. The Senator from the 3lst district
(Mr Rebcock) had himself moved it forward of its
usual course ahead Of other bills; and II those bills fail
IL Is his own fault.
from Mr. Carroll concerning Mr. Schoonmskers occupy
ing his seat after he had been elected member Of Congress
1t seemed to trouble the gentleman exceedingly lie did
KNOW happened, unless II from the faOt
that he (Mr. CarrolD not successful iu being
elected he (Mr 81 was What were tho opinions OF
Mr. S. last fall when he a candidate! What did he
tell his constituents? Why he old them that 1t made
no difference with his haldng the Office OF State Senator
for his Office n member OF Congress would not com
mcnce until after his office of Senator had expired
What had changed his mind lie now Of different
opinion. lie contends that am member of Congress
How can the appropriation Dfll be passed, If
allow the Canal bill to 30 over Where the three
ffths II am not senator there only 10. Their
own doctrine proves them to be responsible and they
altne.
THE POSITION MEssas. HRaspRrriI CROOK.
Mr. BRANpRETH expressed the great embarrassment he
felt He had advised against the resignation Of his col
leagues 1t unwise measure, and he believed the
very themselves had otcd the course they
purs ung but the outside influence ofthe higher
ofleadng had urged it. lie could not vote for the
bill, but he must fulfil his duties Senator lie con
tinued further and in the of his remarks said
that this had only confirmed his belief, belief he had
had for five years, that there those who desired to
ad the democratic party who were not certain to lead
1t to victory lie hoped for the bst but he felt gloomy
for the future.
Mr. CRoox said he had also advised again. the mea-
II his duty to act in the discharge OF the
vice which his constituents had consigned to him
debate followed between Messrs. johnson, Carroll
and srhoonmaker, which was cut of BY the hour OF
cess, O'Clock.
THE FINALE or THE SESSION.
rHE Morios ACTION
At O'Clock the members re-asscmbled The question
pending was on Mr CAROLS motion to postpone further
action on the bill
Mr.. cARRoIL resumed his remarks, and said he had
been ready TO act for the best interests Of his
he l.ali.
willing now to subserve the interests OF their couttu
.nts by remaining and passing those bills which could
be passed by the present quorum still ef
and he appealed to the Senators respon
sble majority to remain here and perfect tho bust
netso the greater part Of the session No person had
attempted explanation Of the extraordinary Of
the majority in crowding this act through snd he
dered the more at IT, because ne knew there
Senators around their board who not only doubted the
consttutionay but the expcdiency, OF the measure,
and Who under strict party discipline, would vote for
the bill
Mr. owrs said the bill had come from the other House.
after thorough discussion, and he glad TO hear
without making IL a political question. While he dis
c>ssd hs contitutionsty " the bill he hoped he might
address the judgment and not the passions Of tho
This matter which demanded the attention Of the
most conSdcrste judgment An argument had been in
roduccd that there power to review tho matter
and decide upon the question of the consttuonalty Of
the bill Th he denied and had only examine the
constitutions Of the United States and of the State Of
New York TO be convinced that the Supreme Court hal
power to decide upon the constituiionality Of all bills
Nor was this all guarantee had been thrown around
the coilsttutonslty Of this bl by the opinion Of
Daniel Webster, than whom not possessed greater
confidence of the people for his forensic talent IL had
also been fortified by the opinion Of Spencer, whose
opinion on all questions of a legal nature commanded
respect lie would ask the minority here IL they thought
they could satisfy the people that they obcyng the
commands Of tho constitution by ,scating their seats
on an occasion like the present. by supporting this
measure lac should be upholdng the civil power Of the
government,
The question then taken upon the resolution TO
postpone further action, and lost by ayes o. nays 10
pRoroeiric~ TO HrcoMMrr riW nrI
Mr. CnooK then moved t. rcoommIt the bill with In
Hructons 10 amend by making II the duty OF the At
torney General to submit IL to the Court Appeals IL lac
thought II unconstitutional.
Tho amendment was supported at length by Measr-.
Crook and Brsndrth after which the question taken
and loet, by syes z, nsysi IL.
NO quonrs-srti rsntrp.
The bill was then read third time. and the vote
It, passage stood as foows:-A,es ~, noes 2
NO constitutional quorum being present, the bill
laid on the table.
nrsoIuriors rvrs. ssstov, rrc.
Mr.. BAccotx said IL was manifst from the attempts
that hao been made that was ucss auy long " 10 at
tempt to egsate and offered the following resolution
whereas hy the resignation of twelve members Of the Se
nate sre portion o. Oh. eector. q this state
end interests 10 reference 70 the most important vhich
ss s gqns % @.y ss cannot
lation % the fret principles q republican goysrnmn a
donations and " absence haiti hss b-ep -
snrt ,hst ths quorum ,s2nr.d by the eonstntisa
nusnee 81 government cannot be obsinedn order there
i'r. g sra ~ opportunity for full tho
Resolved tf the Assembly coneurl That his Esceil.rey
the Governor be requested the legislature
extra session At such time and place he may esps-
dent for the interests 81 the State.
Resolved f the Assembly concurl That the IefelAure
d. adionru stue die.
The resolutions adopted by the following vote
Ayes, Is, noce, l.
ru,Sss 20 lirrrrsa~t GOVERNOR CHURCH
Mr.. COOK offered the following rsolution which was
adopted
Rsssyed That ,b.nts ,. rendered e tn. Hon san
ford Church for the able and impartial In which
be has prcsdsd over this body.
rHE GOVERNOR sorUiro mar rHr SENATE ~ READY =
rrc.
Mr.. ScuoowNaErR moved that committee bc ap-
pointed 10 walt upon the Governor and inform him that
the Senate l. ready to adjourn.
The chair appointed Senators Schoonmakcr and brand
rcth.
After some minutes delay, the committee reported
that they had discharged their duty
rnarxs Ic Mp. MonosV, ru- PRESIDENT pro rEu
Mr.. BRs-pRrru offered a resolution. returning n vote
~ thanbs TO Hon n d. Morgan for the worthy manner
In which he had presided this body President
pro ten. Adopted
RrrLv LUurEsA,r CHURCH. TO rms eorK os