The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-11

McCole, Mike Duffy and John Hussted, and, to ou.u
the disturbance, officer Donnsy Of the Second ward
was obliged to do so in the discharge Of his duty sud
in 20 doing the above named persons fell on the
officer and beat him severely before assistance could
be procured Justice Lothrop held the accussd par
ties TO bail to answer the charge
Charge Buying Stolen Pyoperfy. y.-Yssterday morn
ing, officers Reed and Shadbolt made descent into
the basement No. l35 Warrington street, and there
recovered several articles Of stolen property, alleged
the premises three coats were recovered belonging
TO Andrew Hsl tailor, Of No. 81 vssey street. also
nss trunk belonging to the store Ssrnsr Of Fulton
silver watch, two articles found the premises-sp
ply at the office OF the Chief Of Police Farrell wss
buying stolen property
Blank Ballots, should they be CounteSlg
TO THR EDITOR THE HERALD.
Whether the weight OF precedent, upon full exami
tive answer to this question: there surely can be NO
dffcu culty In arriving at correct decision ii the mat
view. Let us take the case Of Cen James tns newly
elected Senator from Rhode Island whose tion to
spragus by the constitution OF the United States
the State of Rhode Island Is entitled to two Senators
Its sovereignty in the senate OF the Uni
constitution directed that those Senators should be
chosen by its general assembly In joint meeing those
candidates receiving majority OF al the votes given,
being considered elected In the instance under con-
alteration 1t Is conended that 10l votes given,
and that, inasmuch Gen. James received but fifty
he did not receive majority Of all given, and there
fore not elected Now to test the validity Of this
objection Is only necessary to examine the chsrsc-
ter OF the l0l votes ballots Purportng to be voss
and we shall whether the Senator elect has ac-
cordng to the spirit and intent of the constitution,
received majority Gen. James receives hf.y votes.
Several other candidates whom it is eesssry for
our prefent purpose to name receive 40 votes and
then turns upon this pont:-what IL anything, dc
these blank ballots mean or do they nothiage
1t they mean nothing then they are nothing, they
not votes; there but ninety votes thrown:
and fifty, the ssnumber received by Gen. James is Q
minority. Suppose however, they mean msthing.
what Is that something Mr.. A. and Mr. b. vote
blank who do they vote OF course they vots for
no one They vote that that no one shall represent
the State Of Rhooe Island In the Senate OF the United
States OF In short that she rhsl be unreprss.nted
But are they competent 20 do this? member OF the
Legislature as such is but creature OF limited and
prescribed powers and, when he ovsrsteps those
powers his acts are wholly null aad void In voting
that the State shall 90 unrtprssented in the national
but this only be done by convention elected in
q peculiar manner, for that express purpose by the
more right to attempt such thing, than he has 70
exercise the functions Of judge district attorney,
or u sheriff no more right than any private citizen
has to come into the hall of the assembly and exsr
else the right of member. His action lie void, his
vote IL void he votes f In voting blank, he votes at
ALL upon subject which is not and cannot be
brought before the house. He might we'll inscribs
upon his ballot, vote that Rhode I,and bs govern
by kin and Parliam ent," to vote to disfran-
does his blank ballot Is interpreted to mean the
only thing possibly osn mean Take either horn Of
cidate in similar circumstances, would be duly elected.
II a blank ballot meanr nothing It is nothinsif il
means anything II means something Illegal, unsox.
stituicnsl extra official and hence IL Is void and
no vote. II.
TO THE EDITOR OF THE HERALD
There or tive errors in your editorial Of yes
terday, which l wish to correct. Tue article pub
lsfed in the Ptoridencs Journal upon blank hsiots
Was from the pen OF Gov. knight not Gov sprsgus.
Had you attributed the election of Gen. James to
Gov you ould have hit the nail on the heaip--
for IL was by his influence that fourteen whiys
n cpl ZEN j "
verted, threw blanks
There be question but that Gen. JAIME. is
thorough whig. In his letter shown TO the above
sixteen wings aud since by scores OF peo-
pie, he declares himself g whign a" TREND to why
meHsur-s,n and particularly protective tariin
lie has or the last ten ortweye years voted ths whs
ticket, and those Who are most intimate with han,
wonder at any one cslliog Gen. James q democrat.
our Legislature has not adjourned II Is nov in
session. and will be fortnight longer 20 that iitasrs
IA any /" MISTAKE in declaring Gen. J. the Svnstss
elect, IL is in their power to correct IL
Upon the subject alluded to that of blank balotss
Gov Knight IL considered the best authority IN this
STATE. SOLD DEMOCRAT"
PRouuFNcy, Feb 8, 1851