New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-04-11

nual lecislaiion the members Of the Legislature
shall get no more than three hundred dollars
piece. And how did they intend to do this BY
giving to the Governor plausible excuse. and in
deed placing him under q sort of political ne
cessity Of calling an extra session for the purpose
of finishing up the reguM and proper business of
the annual session, left undone by their sudden ad
journment-for attending upon which extra ses-
sion these consprators against the Constitution Of
the State would be entitled to receive extrs mile
age for supposititiOus journey to and from their
bomes beside three dollars day each, as long as
they might continue 20 sit.
Not only has the Governor declined TO be drawn
into this conspiracy TO set aside the Constitution OF
the State he has wisely taken to give distinct
notice beforehand to these audacious plotters
against the sovereignty of the people Of New-YOrk
that he would in nOwise cOuntenance their crafty
and reasonable prcects-that he was determined
not to call an extra session, and that if they chose
after pocketng their three hundred dollars piece
for the years work, to adjourn, leaving that
work but half done they must take upon them
selves the entire consequences and the entire
responsibility of this fraudulent proceeding.
And in what position does the Assembly now
stand7 Already, by then adjournment without
passing any Apportionment law, they have violated
two express provisions Of the Constitution. The
Constitution provides, in the fourth aud fifth sec
tons of the third article that at the first SESSION
"after the return of every enumeration" of the in-
habants of the State to be taken in the year $50
and every ten years thereafter a new apporton-
ment shall be made Of Senate and Assembly Dis
tric,s. These provisions OF the Constitution are
violated already by the wantOn neglect of the AS
sembly to pass any Apportionment bill at the first
session subsequent to the census which session by
their OWE act is now at all end. The Constitution
is broken and that breach not all the extra sessions
in the world-not even if these greedy legislators
should discuss the matter till the first day OF next
January, all the time putting three dollars day
into their pockets-can in any way help or heal.
With respect to the license laws the effect OF the
adjournment If the Legislature without acting
upo2 the subject or rather the effect of the nulli-
ication, by the Court of Appeals, of the law "for
the suppression Of pauperism, intemperance and
"crime" left to operate uncontrolled by legislative
action must be to revive the old excise acs in force
before the passage of the late nullifed law. If
that law was nullity, as the Court of Appeals
says, it cannot operate to repeal any pre-exiStng
statute, and this is probably the very position in
which, judging from the complexion Of the Legis-
lature, that question would be left if it we're re-
ferred 10 an extra session.
AS to the appropriation bils-the Assembly has
deliberately and in the face of the Governors
warning, (for having given which some of the
Members wished to insult him, refused to pass
any, which refusal they have attempted to use to
compel the Governor 10 aid them in spOnging the
State out of pay to which they are not entitled.
For the public creditors to 60 without their money
may be a great Inconvenience, but it would be
more than an incony enience-it would be ca
lamity that the Governor should allow an unscru
pulous and dishonest faction to force him not only
to override the Constitution but to subject the
State to pay them twice over for doing one piece