The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-07

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IN his petition to seat IN this house - ma Sasas
and county New York. and that the prayer Of the petit
And whereas, Mr. Van san.voord offered an amendment
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in this House the Of the sixteenth Assem-
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subsequently, refused to reconsider the vote
Ana whereas. sitsrEsId' resolution in the xerd. fol.
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ns;
said resoStcn was in order nasmpch The House
Mi S:s 70 & t a:a
and whereas the said point Of order declared the
the spencer And
judgment the and appeal
moved and lost and whereas the rule Of
being and lost shall be renewed sh. sub
pfssve5si members Of che majority resolution offered
the following Words Resolved, That the in this
rst hereby declared vacant which was adopted ~ the
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d on Thursday last was v?. n, Of the
effect expelng Of the members Of this House without
any and u direct violation Of the statute
Resolved That the action of this House Thursday last
and sssy 1a s as % the sss 'ns
The foregoing preamble and resolution having been
TO make any extended remarks upon this resolution 1t
has already been much discussed that it well
derstood When he took the constitutional oath he felt
himself bound to look at the evidence in like these
unbiased by any preiudceto weigh it, he would were
he upon jury TO decide civil action In what he had
done therefore he had endcayored to act in accordance
with the testimony which had been presented to the
House. He was not going to charge any man here with
acting from improper motives; but. when individual
members had told him that they could not act upon this
question as parti2ans he surprised to honorable
Senators come down here and insist that there should
be party vote. and that. when the vote
taken, it was party one against the right of
Mr. Snow When the chairman of the commit
he had made it clear to every honest mind, that
Mr. Snoy entitled to bis seat He did say this
pose for members may be biased by party preudces and
yet be honest Mr. $. gave history of the proceedings
substantially as reced in the preamble lie considered
II entirely unnecessary to pass resolution that Col
snow was entitled to his seat after the House had voted
down resolution that he was not, and had denied
the prayer Of the contestant lie held his seat by the
same authority and with equal right every other
member. lie considered the whole matter as settled
by the action Of the House. But Friday. while
he was absent official business. resolution
was offered declaring the seat of the member from
the Sixteenth district was vacant Mr. SHOWS name
was not mentioned--the county was not mentioned
mat resolution was either intended to undo what
done the day before. or resolution 10 expel Mr. Snow.
In the one case it out Of order against the rules
OF the House-for motion to reconsider made and
voted down. II it was the other. it illegal
charge was preferred which the statutes expressly make
necessary The accidental majority may take which horn
OF the dilemma they choose This resolution pressed
through-in what manner he would not say. All he had
to do was with the closing which he would chaac
terisc as irregular illegal and diaceful to this any
other legislative body. Mr. $. commented upon these
closing scenes which pretty well known to the public
lie hoped the resolutions would pass to wipe out the dis
grace of those
Mir. VAN SASTvoosp (dcm) of Columbia. remarked
that he did not know that he should be surprised at any
thing hereafter lie supposed these resolutions were
temen to make speeches and there the farce would end
and that the gentleman who introduced them would
withdraw them He could scarcely believe that the
accidental majority would press them to vote. 1t
prepostcrous doctrine that this House could declare its
previous action null and void. The gentleman might
troduce bill and it might pass but viii it be concnded
that an accidental majority could rescnd this action,
Mr. v s. went into history Of the proceedings reiterat
the question lie contcnded that the House in vot
ing upon Mr. Smiths substitute, merely passed upon
proposition to amend and not upon the main question
Un lnnrdsy he had drawn up resolution declaring the
ss sctitinah inhTa fortunate Than hrnfsrn tot ths
Moor ana moved an adjournment, which carried and
he had no opportunity On the day the resolution
was offered He coended that the question was not de-
cidcd Only half of had been voted upon 1t had
decided that Mr. Smith not entitled the
the alternative. whether Col Snow was entitled to
the seat or whether it vacant not
determined The question not, therefore, set
it'd The motion to strike out and insert.
rejected. In this the House had merely refused
TO alter the original proposition Of the Commit
tee Mr. " s. concluded by moving to lay the resolution
on the table
The motion was strongly opposed the wings having
majority Of ten.
long and exciting debate ensued. during which a
large number Of nembers left the chamber.
The roll called and quorum being present. the
Sergeantat-arms despatched after the abscntees
After the officer had thoroughly searched the city and
found but one Of the absent members the Assembly adj
journed for want Of quorum