New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-05
FROM Al B1NY.

ALBANY, Tuesday, Jan. 4, 1859.
You will have lesrucd by telegraph before this
reaches you that the State machine is runsing
again. In the Senate, whsre Mr.. Campbell, the
newIy-elec,ed Lieutenant Governor, pre.ides with
a quiet digaity which well BELTS the char, thee
vas flight rppl- upon the usually serene surface
az the CleIk read the name Of Vaudeville 10 calling
the let Of StnatOr-. Mr.. Disen rose to a question
of privilege and, after having called the attention
Of the Senate To that clause of the State Constiiu-
ton which provides that LO person holding Office
under the appointment of the President shall be a
member of the Legislature. and that the acceptance
0f such office the part of member OF the Legs-
lature shall be deemed to yacate his office
as such legislator, stated what be understood
to be the facts IN regard to the
appointment Of Senator Vaudeville OF the Xlth
District as II stmnster, aud the election of Mr.
Wetmore to fill the supposed vacancy. A lively
discussion followed, in which Messrs. Diven, Smith,
Scott John ID. Willard and Others, took part, on
the subject Of the proper disposition Of the case.
One Senator favored its reference TO the Committee
on Privileges and Election; another to the Judiciary
Committee, aid finally the whole subject Was refer
red to a Select Committee, tn be appointed by the
Chair who to report the facts to the Senate for
its action.
The facts in the case, as understand them, are,
H
pointment of Postmaster at Stuyvesant Falls,
one horse town in Columbia County, forgetting Tor
the moment that be could not hold q Fede raj Office
and that of State Senator at the same time. hs
commission was made out, and he took po,s session
Of the Office and performed its functions for two or
three weeks; but when the subject OF vacancy
in the Xlth District became matter OF discussion
in the ne2hbOrhood Of Stuyvesant Falls, Senator
Vaudeville suddenly discovered that be had not
accepted the Office Of Postmaster, and that he did
not intend to do so, as he very much preferred to
wear the Senatorial toga for another session. The
point he made was that the suretes forwarded to
The Post. Office Department at Washington hid
been rejected and therefore the appointment had
not been legally contaminated. do not vouch f"r
the statement that the Senator after discovering
the real state of the case himself procured the re-
lection of his sureties by the Postmaster General.
as that would imply that the National AdmlnlsIra-
ton and the Senator are both tricky.
The facts in the case were brought TO the atten-
ton of the Secretary Of State; but atfuuctionay
having suspicion, no doubt, that tue electors oi
the XIih District might mske selection OF Sena-
tor to suit themselves instead of consulting the
wishes OF Mr. Tucker, refused to order an election
So the people took the matter into their own hands
and ell, cted Mr. III. &. Wetmore, an American,
who was supported by the Republicans aud Aner-
cans, the Democracy running no candidate AT all
and treating the whole proceeding as void. What
action the Senate will take in the premises is prob
lematicsl. That body may continue Dir. Mande-
Vile in his seat or give II Ia Dir. Wetmore, or de-
clare it vacant altogether in consequence Of in.
formslity in the election Of Wetmore, though |
believe the Court of Appeals has decided that
an election is not ibvadated by the neglect or re-
fusa Of an executive officer to perform mlniste-
rial duty pertaining thereto. Alter the case OF Dir.
Vaudeville bad been disposed Of tae Senate listened
10 the reading Of Gov. Morgau's Message, and I'D
journtd to II o'clock a. m. Tomorrow.
In the Assembly the business Of organization
passed III smoothly according To the programme o'
the Republican caucus Of last evening. The As
seubly is fortunate 10 the selection oil It's Oicersas
far, at least as Speaker aud Clerk are concerned.
Mr. Li,tlejoln POSSESSES rare qualifications for
presiding officer viz clear intellect, quick per-
crptcus great energy and experience. tie has
already served TWO terms as Speaker, very machto
the satisfaction OF the Assembly. During bis see
end term not one appeal was taken FROM his ruIhg'
Mr.. Richardson, the Clerk, has also served one
term in that capacity, and 10 undoubted integrity
adds intelligence ard UNCOMMON energy. bis cleo
tion 10 the responsible AID b. norstle post we'll
deserved compliment TO the large Temperance vote
which goes to swell the Republican majority
throughou the State.
After listening to the reading of the message the
Assembly adjourned 10 Z P. m, when members VIII
select their seats
produce considerable futsering among the MEM
bers Of the Third House, who are here IN consider
able force.
The collection Of persons from all parts of the
State who are willing TO serve their country was
unconmoDly large yesterday, but the prompt mall
ner in " hich the Assembl, was organized has per-
ceptibly lesserec the number Of thsse patriots.
yerv large delegation Of them left to-day On the
birthstone or " swearing train for home.