The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-05

This, Of course, was lost, III 10 %. Another mo-
ton TO nominate James Tallmadge was laid on the
table, - 10 II. Again, ii was moved that Samuel
Young be nominated by the Senate. His political
friend, the late Silss Wright, moved TO lay the re-
solution on the table. This was carried, 20 to H.
A message was then received from the Assembly,
stating that they would forthwith meet the Senate
IN the Assembly chamber, 10 compare nominations.
The Senate then took another vote for Senator,
those opposed % Judge Spencer still scattering
their votes as before, 10 prevent choice A reso-
LUTON 10 nominate John w. Taylor on the par, OF
the Senate, was lost, y to %; after which the
Senate adjoumed.
The election Of Senator according to law, having
fallen through on the day appointed, the Senate,
probably apprehensye that |. would inure them N
public estimation 10 evade G choice alegether-o on
he 25!h of February, Is25, adopted join. rescla-
iior thai ALDER. IL. Tracy, Q. Buffalo, IA friend Of
Gov. Clinton. and of he same politics with Judge
Spencer be chosen United States Senator. This
resolution was passed by vote Of IS to 10. The
Assembly refused 70 concur. on the ground mat
the mode proposed by the Senate OF appointing
Senator, wac contrary to ar eristing law o. the
State, which was Imperative on Goth houses until
il was repealed. The law In force in 1925, was
substantially the same now is, and we have
explained il above. Mr.. Tracy, thus offered 70 The
Assembly by the Senate, was then member Of
Congress from the Erie dis riot, and some OF bis
personal friends, IL was thought, aded in throw.
ing obstacles u the way Of the election of Judge
Spencer. Mr.. Tharlow Weed Wa cro of The
member, Of Assembly from Monroe county, at he
time and, although he had voted with his political
friends for Judge Spencer gave his vote IN favcg 81
concurrence with the Senate in the choice OF NJ
Tracy
After the JOINT resolution 70. the aqpom,lel, Of
Mr.. Tracy had been rejected by nc Assembly, he
matter vas allowed TO eeep in both houses fog tho
SPACE Of month; but on the 18th OF March,
another IoInt resolution was raised by the Senate,
appointing James Tallniadge, then Lieut.. Governor
and PreHdcnt Of lhe Senate, United States Sena-
tor, on The part Of the Senate In the Assembly,
The resolution was aid on the table until the LIST
Of April, when substitute was adopted, by vote
OF s.xiy.one 10 twenty, nine, that, although the
House reposed confidence IN Hon. James Tall
madge, they deemed it most safe and exPedient TO
adhere 10 the mode of appointment prescribed by
The law Of the State, and did not, therefore, con-
cur in the resolution Of The Senate.
The result of all these mannyrings was, that
no Senator was elected during the year 1875, the
Senate gaining their point by the defeat of Judge
Spencer, and in lS26, an anti-Clintonian Legisla-
flre made choice OF Nathan Sanford, who resigned
the Office Of Chancellor Of The State to accept that
of L. :. Senator
In the year 1880 a similar state Of parties in The
Legislature again prevented The choice of United
States Senator on the day fixed by law, in Feb
rusry of that year. TIE wings, having maj GRITTY
IN the Assembly. that body made choice of Ma
thsniel P. Tallmadge, then United States Senator,
for reelection. In the Senate, Mr.. Tallmadgs re-
cewed thirteen votes, being those of all the wings
In that body; and CT eighteen votes given by tha
number OF democratic Senators, only two were
given for the same individual Four other attempts
were made, or pretended TO b. made, during the
session, TO nominate Senator, but the result
was the same. On the sixth attempt to nominate,
two democrats happening to vote for Mr.. Samuel
Beardsley, all the wings voted for him, and he came
within one vote Of being chosen on the part
Of the Senate. That body then discontinued all
farther show Of attempting nolanate or make a
choice, the majority claiming that the Senate poe
sessed in all respects, power equal TO the Assem-
bly, in choosing United States Senator, and that
the choice ought TO be made by joint resolution.
Wcs SIoEuI d. was tdAcu IN Isl,
On the occasion above referred TO- Mr. Alonzo G.
Paige, as the organ Of the majority OF the Sena-
tors, made labored and learned report IN justif.
cation of their course. No Senator, iherefore,
was chosen by the Legislature in 1859; but the
following year, the wings having succeeded in
carrying majority in both branches OF the Legs.
lsture, Mr.. Tallmsdge, more fortunate than Judge
Spencer had been, was reelected to the United
States Senate
In the case now before the Legislature, and as
the law stands ct present, the attempt to make
choice Of Senator the day named in the statute,
having failed, the best legal men say that a new
law must be passed, or achoice Of Senator be made
by joint resolution, which would be in effect the
same as TO pass new law-otherwise, the cleo.
ton must 90 over this session; a risk we do not
think The higs will be willing to run, under pre-.
Gent circumstances. The responsibility OF prevent.
ing the choice Of Hamilton Fish, after most Of the
silver greys mad concluded to give him their sup
port, il will be observed, was taken by Mr. Beck.
man, one Of The Senator's from this city How far
he may carry opposition % Mr. Fish remains to
be seen.
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