New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-20
The Distress sf the Express and the Swan
song Of Reekman,
AN AcT to rest siS the sal. Of Spurious Liquor

song Of Beekman.
Halleck, our City's bard, has not yet de-
picted all the fabricators of dubious har-
mony
Whose last farewells still linger oerus,
And, like tom-cat die by inches"
Mr.. Senator Beekman and The Netc-
York Express, as attorneys for that Com
mittee of Union and Safety which has for
some months nauseated the Union by
superfuity of salvation, are birds of the
same feather. Having done their utmost
to prevent the election of HAMILTON FISH
and been beaten, they are now driven to
the extremity of caviling at the regularity
and validity of that election Hearken to
'love's last lay from the lips of the dis
consulate Beekmanl
The undergt ed Senator for The Vh Senatorial District
respectfully asks leave TO protest and does hereby solemn
ly protest against the proceedings by which new day for
election OF United States Senator 10 sought be fixed
by joint resolution while law exists the saiue-book
by which the Legislature OF New York have prescribed
the time place AID manner OF such elections because such
law having been fully complied with the day therein
named, and election having been made and this Legis
laure having endeavored 10 pass another act for the sane
purpose without success, the attempt made TO amend
statute by joint resolution is avioatsn OF the lh section
OF the Sd Article OF the Constitution OF the State and sp-
points method Of election not In accordance with that
crbed by law In obedience TO the Sd and 4h actions of
the LIST A sgns Cd the Il s
Senator Vlh District, New-York City.
Senate Chdnb0, March 10, 1850.
-.FmDs, ~~~.f'ie,5 'oi'1,' wac It, you
funny soul by you and the fifteen Loco
Focos conspiring to Prerent that election
which the law required you to effect, and
then adjourning the Senate (by the casting
vote of the Lieut.. Governor before l
o'clock midday, purely for fear that the
Senate acould effect nomination on fur
Their ballot in spite of you !-That's what
you call 'fally complying with a law
successfully cOnspiring to defeat and null
lily it If tailor had Beekman's note
for the clothes on his back, running "On
the first Tuesday in February 1851, l
premise to pay c. Cabbage one hundred
and ten dollars: James w. Beekman''-
and had he by some trick managed to escape
paying it on that day, according to Beck
mans logic, the note would henceforth be
a dead thing, and the drawer clear Of all
obligation to the holder until he should see
fit to make new contract But we hold
on the contrary--and the Courts hold with
us-that an obligation imposed by lato RE-
MAINS an obligation until TIE requirement rs
fulfilled or The lal0 abrOgated-that there
he's been no moment since midday on the
first Tuesday of last month when the two
Houses might not legally and should not
have jointly resolved to proceed with and
consummate the election of Z. S. Sena-
tort The fixing of particular day by law
for the performance OF this Constitutional
duty did by no means create or impose that
duty-the concerted failure to elect on that
day would only, at the outside, have rem
dered the statute nugatory, leaving the
Legislature to go forward and elect as If
no such law had been passed.
But the actual case is even stronger than
this The Statute designating the first
Tuesday in February forthe discharge Otthis
Constitutional duty has been ever since de-
manding an election at the hands OF the
Legislature. 1t fixed the time at which
only without a change in the law the Lee
sislature could commence the work OF
electing Senator, but it neither says nor
means that the work shall be finished on
that day or new act be necessary fixing
new time for the election. On the con-
trary, the Legislature might have been bal
loting for Senator from the designated
day to this hour without exhausting the
validity of the law until they should have
effected a choice. And the case is precise
ly the same whether they vote steadily or
ftfully. The end of the law, so far as this
Legislature is concerned, is the choice OF
Senator, ard till that end is attained the
requisition is unsstis6ed. Mr.. Beekman
and his fellow conspirators did not subvert
nor exhaust the law by preventing an cleo
tion on the designated day; they simply
postponed and temporarily cyaded COM
plisnce with It's commands.