The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-26
CUR Albany Correspondents.

ALBANY, Dec. "a, 1850.
ne Fh,lsye to Re Dityic, tie Sio-rAe TINE Aas Pasc-
Wal the neat House Of Anenoly BE- Le9ali- VossoS Bss
10 BE- Paned-TdEen Before ne Co.~ts-frosson Kings
Credentials 10 be Sc,utiniaed, DC, dc.
The readers or the HERALD are aware that the New
York Legislature OF 1860 adjourned In row, and iefs
large amount Of unfinished business Nnetenths Of il,
however, that kind Of legislation instituted BY abe
voyacious lobby msnagers-an Onslaught upon he 'rea-
sury-wbich would saving to the State Of millions,
the system could be revived The only feature OF
embarrassment occssoned by that adjournment was The
neglect or refusal to comply with the express command
Of the constitution In re dsrictDg the Senate and Assem-
bly, dtrcs under the OF 1855 Section fourth Of
article five Of the constitution, declares thus
An enumeration OF the inhabitants Of the State ahail be
taken, under the direction OF the legislature in the
one thousand eight hundred and y i've and at the end
OF every ten years thereafter and the raid districts shall
be 20 altered by the Legislature at the first session after
the return Of every enumeration that each 5enae dis
trct fa contain as DeAry may be- IN equal number
taxable; and shall remain unasered until the return Of
snoiher enumeration and shall oil tines consist OF con
hRuous territory, &C.
Section rays
The members of Asst mbly shall be apportioned from
among the several counties Of this State by the Lessa
ture nearly may be, according to the number OF
their Inhabitants excluding aliens and pers 'ns
o. color not taxable and shA be chosen ~ SIN
lature its session. after the of every
among the several counties OF ths State Ia ore
raid and the Board OF Supervisors in such counties As
may be entitled under such re Rpportionment, to more
than one member, shall assemble at such time ~ the
legislature making such appoT tonmen shil prescribe,
and divide such counties into Assembly districts, 40,
These pjunctions and peremptoYy commands o. the
constitution Of the State violated by the last Agsa
ure every member Of which took oath support that
instrument in all it, provisions II will be clearly per
ce!vcd by the above quotations that the duty OF dis
rcng the State devoved upon the last Legislature at s
'hrst session" The enumeration was taken and oom
peted In 1866 and the constitution distinctly says that
the Legislature o. 1855 shall organize the Senate and
Assembly districts. This mot done The consttu
ton was debe stely and knowingly violated What Is
the resuh9 What win be the consequence? Can the To-
eislaure Of 1857 perform the neglected refused
the people declares that the legislature ses
sion after the return Of every enumeration shall re- ds
os the state % no 9s any
ton Of lS4S made that duty imperative upon the first L.
gislature, and no other No provision was incor.
authority whatever the subject. for the FIRST
Legislature, at lis first session. to have pcrfor med the
wOk. The duty could not even have been done At an
extra session, the executive had called one And now
an importsnt nterroeatory arises Can the appornon
Fret Legislature after the next enumeration Of the people
The counties Of New York. Kings. Erie and probably
Others whose population has greatly Increased since the
preeent districts were established will not be fairly
resented in either branch Of the legislature until the
constitution shalI be complied with. Had the last kgts
lature reformed duty New York would had four
and Kings two moro members than they now have of
tho House which mbles Tuesday the scventn day
Of January next.
The re organization of the Legislature having thus fail
ed at the proper and only time when could have been
legally DONE the question arises whether the body OF
who thA appear at the Capitol on the fret Tuesday
OF the year will be Legislature under the constitu
ton The majority comprising thoee bodies are whettDg
their appetes for abundance Of paaabc food during
the hundred days Will the election OF Preston King TO
the United States Senate by that body OF nen be legal
constitutional acf Will not the United States Senate
be justi1able In examining into his qualifications, to
ascertain whether the body Of men who delegated him
thus authorized under the constitution OF The State
OF New York? Most assure1ly his title 70 the sea.
will Re contested under this head. Then, again, will
any law enacted by this body Of men be constitu
tonal and legal The constitution commands that the
Home OF Assembly OF 1867 shall be constituted In
accordance with the returns OF the enumeration a in
them thus constituted Meet assurediy not. Well We
TO have another MAine law thrust upon the people,
hideous and obroxous tie declared unconsti.
tutoral by the Court Of Appeals. There will be bill
psssed, tecsfrg registry law necessary for the large
cities OF the State. Bille innumerable 10 run
through taking the government OF the city Of New York
| out Of the hands Of the Mayor and Common Council.
Comm salons OF party character are to be appointed to
and control the police, and another set TO take
especial charge or the Central Park The ohor parts
the State also be visited with special enRclmens
wherever any political advantage may be gained.
Now, rs well that these great matters receive carly
ats nton There Is question that the subject viii be
brought before the courts The fret &C. which that body
OF men pretend TO sanction ~ legislative authority
which conflicts with the rights OF corporations iudi
vduals win juftly be resisted and opposed until tho
courts shall ndudcae and decide whether the body OF
men csiir themselves the House Of Assembly are 10
galy and constitutonally . branch OF the New York