The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-05

the opinions o Judge gsIc and c. Spencer In regard
to the charger of fsyorsS and other ofcai conauc.
he pronoances them false snd ca'umnious ana asks :"
Mr. tas ld.m Ses Ny IN the after part Of the day
TnhP fSa up MS resolutions in regsn 70 sah had been
placed in his hands, before esA the resolutions y
make i proper they should be s oduced, and he mao
Mr.. IIrrE1ons (whi0 of Oswero Il ought such resou
hons should be introduced with g-ss caution ne tnen
explained the provisions OF the L regard 70 tne ~
f.rest of Canal Commissioners tosa or hydraulic
work. showing that it on prohibeetb tbs asga;remen.
OF isteres in such boats after t reecuon ou
that II did not affect their ownership the, before ne
elestion Mr. Fitzhugh waS Interested in cn ph; p,vpwt
Of the kind The preamble sri resolution 8, Mr. Gale
therefore were needless and improper. Ma was ~
only ia'moer OF the minority n the Cana Be owe hin
Mr. HASTINGS, (wig) of Nonro, desired tefun ess ~ y
quiry to he made into the conduct of Mr. Fitzua AZ ~
the protection Of that genemaris character fcn "
Inspicions cast upon it, -
terest to the State well as TO ssr +. If facts IN
to me knowledge Of any member of this House irrSp
the same to the Mousse law was designed TO protsa
the State from any interested on the part a
Mr.. H.; knew him 10 be man Of the highest honor. TN,
greatest purity Of character and the investigation wculd
would se injurious lie % did not think The majority
willing to do an act of injustice to Mr. H., hungry
were the democrats for office.
Mr. d. b. TAYLOR (Sem) of NJ Y, surprised at thas
bandying OF cpthes in both branches the Lg
lature The dignity q legislation derneaned by It.
The character OF theState of New York and merely
that of Mr. Fhzhhgh the of the resolution
involved in what should be DONE Mr. T. desired to know
who had furnished the information which the resolu
tion based The charge was of very grave cha
racer, and should not bo lightly made. Who respona
putation Nethert the people nor the two democratic
canal make reflection upon the conduct
Colleagues M to nsn q s
not done it, He would not place high State officer trial
Dknoyy han hx.i
struck at the heart OF zte officer by his consent Mr.
F. holds no more interest in boats or mills than he did
his entrance into office 3nd If he has done anything
adverse to the welfare of the canals the fact should have
long ago been made public by his colleagues They would
themselves deserve impeachment had they suppressed It,
Vague and indefinite rumors were not proper authority
for an exercise of the impeachment power Not the first
guilty of misconduct why does responsible per-
son openly ask for inquiry He hoped the resolution
knowledge of the from which the charges were
derived He the mover of the resolution ro
Mr.. LOOMS (dem) Of Herkimer concurred in the Inn.
portance OF the charge thus brought against high
public functonary. Mr. I. wished always to be unndu-
enced by party considerations in his legislative action
Mr. Ftzhugh does not deny the charge made against him.
but asserts that his acts not unlawful Now, the
questions whether the acts of Mr. +. illegal
1t for the House to consider this point We look
at the object of this law. Was it prevent canaIi
officers from having any personal interest in the canals
Mr. L. hoped the resolution would 60 to a committee
The subject proper to be investigated and he moved
tee. Mr.. Fitzhugh desired investigation, and Mr. L.
hoped none of his friends would oppose it.
Mr.. WOOD ldem Of ononaaga did not desire to shield
quiry. He believed in holding every public fuuc
tionary to the srictest accountability The resolution
involved more the character of the House than that Of
Mr. +. The preamble msquOtes the statutes of tha.
State He would for the resolution of inquiry if it
he vote for the resolution with preamble it would
be an of the charge This he could not do.
But let the resolution be changed to require Q
strict investigation without making any allegation or
misconduct and he would go for it.
Mr. GALE had not attempted to recite the statutes in
his resolutions he merely meant to give its spirit He
believed the intent of the law to be to exclude the
office Of Canal anal commis,oner from any business inter
acted from motive of duty in Offering the resolution
Mr. HENpE, (whig) of Livingston; had read in the
early history Of this country Of clan of who loved
to torture their prisoners. They lived the Mohawk
which he believed through Herkimer county. The
movement to refer the resolutions to the Judiciary Com
nee instgated by the spirit of The Mohawk for the
purpose Of protractng the torture Of Mr. f. A speedy
investigation due to him. The charges against him
should not be kept back from inquiry any committee
Either dismiss them as unworthy Of attention, have
the motives of the gentleman who had introduced the
resolutions. All he asked that the inquiry might
carried forward as speedily possible Let the invest
CATION take place at that Mr. f. may be uttsd
or the charge$ustained at once.
Mr.. OsGooD, (dem) of Rensselaer,, moved that when
the House adjourn it does so to Monday morning.
Carried.
Mr. LooNIsmoved instructions to the Judiciary Commit
tee to present the question in proper form.
Mr.. CASE dem Of 0nondaga moved that the resolu-
ton be referred TO the Attorney General for his opinion
sau we ulu not need 10 refer this
iect TO committee to perfect the charges The charges
are already made Let have committee to in
yestigate them.
Mr.. LonER (whg) of Livingston, moved that the SUBJ
ect be referred to the Judiciary Committees with
tions to report next Thursday.
Mr.. WOOD said the political friends of Mr. Fitzhuph de.
sired investigation If the misrepresentation OF the law
in relation to his could be dropped from the resolu
tion.
Mr.. JACKSON (dem.) Of Chemung, called for a division
OF the question: striking out the first recals Of the
preamble.
Tie ayes and called the preamble as pre-
sented, and resulted follows ayes 90 5S Lost
The resolution was then adopted and the House ad-
ourned