The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-07
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preferred IN his petition In this House =. having
Ana New York that tho prayer Of the petit
sa9syssis iasfse
in the css T. IAa s
bly, dtrio. in the city and county Of New YORK. which
said oo%msse accepted Sy Mr. 4 smith and Was
subseque1t refused to reconsider the vote
And whereas afterwards resolution in the words fol-
That ,ss s of :. e: :.
cy said was adopted the HOUSE, and
vssS t1s MSvs:
SS Te the ssss :Sss
triet Of The City and county Of New YORK" which
H s sJ & ss y @
and thersuPon Mr. Smith raised the point order that
Voting Mr. Van sansyserds resolution had shsr.Sy
%
Speaker to be well taken and thereuIon Mr. Gushing
a'
this House provides that motion for
I
by tss waS% the ss the Of ss 9e
House Of Of Assembly from the 10th Assembly DIS
House and which last mentioned resolution in
as Of the settled Ill Is are
toned rule Of this House and not intended in
amy ' the
in a h and % M
should be regarded as conclusive and final M q
Assembly district the premises
quspht to that day is utterly void and Of no effect.
read, Mr. A. Smith and said that he did not intend
TO make 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 prejudce-to weigh it, he would were
he upon jury decide civil action In what he had
done therefore he had endcavorcd to act in accordance
with the testimony which had been presented to the
House. He was not going to charge any here with
acting from improper motives; but, when individual
members had told him that they could not act upon this
Senators down here and insist that there should
be party vote. and that, when the vote wa,
Mr.. Snow When the chairman Of the commit
Tee had concluded his argument, he had said that
Mr.. Snoy entitled to his seat He did say this
IN offensive terms gentleman had seemed to
pose for members may be biased by party prudces and
yet be honest Mr. $ gave history of the proceedings
substantially rected in the preamble lie considered
It entirely unnecessary to pass resolution that Col
down resolution that he not and had denied
the prayer Of the contestant lie held his seat by the
authority and with equal right as every other
member. lie considered the whole matter settled
by the action Of the House. But on Friday. while
he was absent on official business resolution
was offered declaring the seat of the member from
the Sixteenth district vacant. Mr. Shows name
was not mentioned-the county not mentioned
That resolution was either intended to undo what
done the day before or resolution 10 expe Mr. Snow
In the one it Of order against the rules
Of me HouseEfor motion to reconsider was made and
voted down. If it was the other. it illegal
charge 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 charac
terisc irregular illegal and disgraceul this any
other legislative body. Mr.. s. 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 sccnes
MIR VAN SASTvoosp dem Of Columbia remarked
that he did not know that he should be surprised at any
thing hereafter lie supposed these resolutions were
merely introduced for the purpose OF enabling gen
tcmen 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
preposterous doctrine that this House could declare its
previous action null and void The gentleman might in
troduce bill and il might pass but win il be commended
that an accidental majority could rescind this action
Mr. v > went into history Of the proceedings reterat
Ing the positions heretofore assumed by that side of
the question. lie ccnended that the House in vot-
ing upon Mr. Smiths substitute merely passed upon
proposition to amend. and not upon the main question
On 1hnraay he had drawn up resolution declaring the
seftitinah mdfs fortunate Jhan brnfsen sot tTs
'ao'eu on "Hlcn was caTlieu ana
ne mad no opportunity On the next day the resolution
was offered He copended that the question was not de-
cidd Only half of had been voted upon had been
decided that Mr. Smith entitled to the seat but
the alternative. whether Col Snow entitled TO
the seat or whether it vacant not
determined The question not. therefore. set
ttd 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. 5 concluded by moving to lay the resolution
the table.
The motion was strongly opposed the wings having
majority OF ten.
long and exciting debate ensued. during which a
large number Of me mbers left the chamber
The roll was called and quorum being present the
Sergeant-at-ams despatched after the absentees
After the officer had thoroughly searched the city and
found but Of the absent members the Assembly adj
journed for want OF quorum.