The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-18


resolution for joint committee to wait upon his
cellsncy the Governor, and inform him that two
Houses were organized and ready to receive any
nication he may have to make.
Mr.. SUTHERLAND moved 70 amend by inserting 'sde
fado after " Cove nor"
senator DUNN said he had objection to the amend
1T least but Governor Of the state upon HIM
the committee would wait with without the amend
ment
Senator SUTHERLAND defended his anendmsnt stating
that information would b ded to-day In the Supreme
Court Some Of his constituents were In favor even Of
revolution and of not recognizing any act Governor
Barstow until the matter decided. He thought the
4esst he could do to fer the amendment, with all
Senator HADIEY saw no in the amendment. There
was contest, and there any, it not for
the Senate II. Let take action-express
no opinion out OF the usual course await
quietly he action Of the courts He oppo-ei to the
fores' alrg public opinion by this action The Senate
Senator TAYLOR moved to lay the resolution and the
amendment upon the table.
Senator DUNN h. ped the motion would not prevail.
Considerable delay had already Ia, place. We
admopished by message from the other House that
they already organized No longer delay
cessary in pre- ceediug public business If there is
contest il is to be oecioe- elswhe,e.
once But be was not satisfied that it was his duty M
der the oath he had taken To ed
to the business Of legislation He wanted time to debe
rate and Satisfied that 1t not hi duty proceed
to legislation, he should constantly refuse do
there wan in the Executive en- air who not
elected ny the people of the State be wiog to
recognize him cronste orsnch of the Legislature
There might be case where violence was necessary
he did not thirk that it now was-ony prudepoe anc
delay. ~
by the laws of the constitution 1t is assumed by the
Senator (Mr. Taylor tha bransh OF this govern
ment has right to inquire into the qualifications
other branches Of the Legislature The constitution pro-
ved that each branch of rhe Legislature should acgs
Of the qualifications of its members If there other
questions arise it is for the judicial department to de-
eide them The position Of the Senate would make the
hw-msking power the power to construe laws. Go,
save the country when IL co tn rhathat they who
and to cons,rue the laws they have made
If grave questions have arisen out Of the late election
regard 70 the qualifications of another Of the
government it is daty decide it. We should
proceec to the business of legis ion in connection with
the executive, ei,her de aco or de je as gentlemen
please. When the proper tribunal has decided the legal
question, IT will h. duty to the they
construed 1T. He dep ecatei any other which
as a first principle in Law. that the fact that
an officer held an Off . Illegally in way invAli-
dated public acts under him. Legal of tit to office
was si thai was necessary far the public is c,n
csrned to render his acts lid and bnng The ;ts of
even judicial officers dsposing OF the rights of citizens,
had been repeatedly declared binding, although trans
acted under color Of title 10 Office and not by the officer
He proceeded to discuss At length and win grea,
ability, the legal question involved in the case while sd
uniting that there for raising ques
lions here here they not be decided. II the
additional reason why we should let it alone Let us
proceed to our duties under the constitution and the
people will be satisfied with course.
Senator TAYLOR raid that he did not consider II
important matter, In which this body nad but little
interest when 1t is called upon to recognise a
clared they do not wish him to occupy that caice
All he proposed not TO discuss the question
it, BE supposed that tbs constitution did not require
us to pass laws until some positive necessity tor
legislation arose. l. had been intima.ed that there
this case. BE believed there But il there was
none, he should advise different course to put the
usurper out of the Office he had wrong'uly seized. II
the laws deay" to postpone decision be yond
the end Of the term Of Office, there another
ton He did no. contend that the Senate could invest
gate and decide this question
Senator sno1Gs raid that ina smuch as votes wers
TO go upon The record he should explain hmse f. Did
he think as the Senator Mr. Taylc did he should fol-
lew the course by him suggested But he had thought 1
this question. he had rets red his full belief who
Ighifuy elected Governor of the state al his par
titan feelings and prejud TO the rgltful tribunal He
volvirg itself in troubles md difficulties withoutend H
hac here no parzan feelings; he acted not a repub
but that laid down in the constitution the H
constituents had not demanded DELAY from him. He haas
business lis pocket which be wished to present the
Senate.
Senator HARVEY said he should vote for the motion IT,
'ccordsnce with the wishes Of his friends wh,ls he
thought that the Senate had duty to do but reco
nizs the Governor dc fdo, and proceed with the c
business.
The motion to lay on The table was lost.
The amends enr inserting de fdcto, then lost
Sci ator KELSEY moved to amend by substituting the
Assembly joint resolution for that before the selate
Senator BARRIER said the insertion of the Of the
Governor was contrary to all precedent He objected 10
1t in This case.
Senator rAY1on held the same views He believed that
the ASSEMBLY inserted 1t solely that 1t might go out
the world that the republican Senate had recognized Gov
Barstow as the RICH fal Governor Of the State
Judge IUYN thought IL such motive had actdated the
Assembly they had followed the examp The senator
who had just taken his seat. But he he did not think
and that there WAS necessity for it, Senator kelsey
withdrew the motion. The resolution then adopted
hs s hs hn
cgsnzed and appointed committee Of five, two from
the Senate and three from the Assembly to wait the
Governor and inform him the Legislature was ready for
businets.
Amendment proposed by Mr. Drake of Jefferson to in
strt the naue OF Wm A. Bastow osore the word Cover
Mr.. KSowIroS ofLaisyette moved to amend the amend
ment by inserting the name OF Coles B.shford
Amendments both withdrawn
Mr.. Mills, Of Grant and opposed the appointment
Of committee the ground that he cid not believe any
five men ought 10 decide who was Governor. Mr.. H.
could not acknowledge W. A. Barsrow.
The CHAIR called the gentleman to order desiring him
tain the name Of VIM A Barstow Mr.. NJ. wished 70 90
to the resord TO examine who Governor.
Inc srEAnm decided the gentleman out OF order; fas
had the floor on the question Of the resolution again 20
eesded Nj, NJ ;. was called 70 Greer By Me- Ds.1s Of
cded he was out Of ORDER and desired him to take ha
seat
sorting after hs Exceency the Governor" the wJrds
Coles Bashford.
Mr. DRAKE amended the amendment, but his n, lion
Mr. BARNEY, Of Dodge, moved the previous question,
which carred-Ayes 40, noes 80.
The amendment was then rejected and the question
was put on the question whether the Assembly snail
agree with the int resolution Of the Senate. Carried
ayes 49, noes ~.
Governor BARsrow, after being waited upon by the
committee, transmitted his annual message, which IL
mainly occupied with the disc asson Of local ssirs but
the wnong up Of the document extract from which
we give below proves the governor to be democrat Of
the old school,
Az enc Of the number of confederate States como,7-
ing the Union, not only feel deep interest In every
thing connected wi welfare q nation, bat we
have voice in the decision Of whatever may occur
affecting nearly remotely, and that Is entitled
to RESPECT, as that Of . part Of the common whole,
equally with the others In the condition OF
entire country As SUCH the people Of Wisconsin have
long anxiousy at the threatening Of public
fears for the continuance Of beloved Union have
caused them to battle energecaly for the maintenance
Of those pies contained in the consitu rion which
the founders OF government deemed Of such vital i'm
A. nd snes Iowa n ,hoa In. I;