The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-29

oJR ALBANY coxRxsPoNpK NcR.
ALBANY, January Is, 1851
appeal Court Reporter.

ALBANY, January Is, 1851.
appeal Court Reporter.
The failure ct the late Governor and Lieutenant.
Governor TO re appoint Geo. F. Constock as re-
porter OF the decisions Of the Court of Appeals
whose term expired on the Esd Of December -or
some other wing, has caused, for q small affair,
large amount Of pickering between the sections.
The law creating the Office was enacted by united
wing legislature, giving the power to the Governor,
Lieutenant Governor and Attorney General, all
three of these Offices being then in their hands
Mr.. Comstock's term expired while Gov Fish and
Lieut.. Gov. Patterson were yet 10 Office; and as in
duty bound to the party they should have supplied the
vacancy by the re.apponlment Of Mr.. G., or the
selection Of some other gentleman of the party.
But those gentlemen suffered their terms to expire
without filing the vacancy; and have the autho-
rity of wing paper for the assertion that " Gov.
Fish was willing TO re- appoint Mr.. c., but Lieut..
Gov Patterson swore that no Fillmore man should
have the place; and in that determination he per-
sisted until he left the Office, though he knew tina
q democrat must, as 4 consequence, be the success
sor of Mr. Comstock" Thus, violent stab was
made by Mr.. Patterson upon the party 10 which he
owes all his political importance. Mr.. G. came to
the city, and by all the influence which he could
bring TO bear, implored the then Lieut. Governor
who was in the city also, dunag the last week OF
any effect and his term expired, leaving Governor
Hunt, Lieut.. Governor Church, and Attorney Gene
raj Chstfeld, to fill the vacancy. The Register
stated one reason why the appointment was not
made was, because Mr.. Cha'field refused to meet
Gov. Fish and Lieut.. Governor Patterson. This
is no reason whatever, because those two gentle
men, coz stiunng majority, could have decided
the question without consulting Mr.. Chattield
After the frst OF anuary, the power of appoint
ment departed from the wings. Then score Of
applicants appeared. The candidates, after con-
test of ten days, all withdrew or were driven off,
with the exception Of Mr. Goodwin, friend of Mr..
Chatfeld, and Mr.. Selden, the fdvorite of Judge
Gardiner. The contest between them was very
animated. Neither the Judge nor the Attorney
General would yield an inch
While this state Of things existed, Mr.. Benedict,
wing gentleman Of the House, Introduced a bill
amending the law, by making the Governor the
appointing power, and the Senate TO confirm-thus
placing the office again the hands of the wings.
This movement drove the other gentlemen TO
action, and Selden was finally selected by Messrs.
Gardiner and Chatfed, without the appreciation
OF Governor Hunt Since then, we have heard
nothing Of Mr.. Benedict's bill Mr.. Comstock,
not sausted with being thus ousted, appealed to
the Appeal Judges as 10 whether himself or Seden
was the legalzed reporter; and was informed that,
as the certificate presented TO the judges bore the
signatures of a majority of the gentlemen consti.
tuung the appointing power, they considered Mr..
Selden as the reporter. Thus stands the matter
at present, although il is said Mr.. Comstock in
tends TO apply for a whit Of quo icdrranto TO ties
the queston-upon what grounds, no wever, is not
divuged.