The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-14

md show the committee why should p.ss at one Of
AFFORD friends stated that the COMM Zee bad been
1ned 1nSoogn Senera. ~ w ana .n.s their programme
bill, and then, withon. further COZ s,derng IT, report
against be blu ne friends Of the measure concluded
therefore, that their bes TO save their time
and money ~ remaining at home.
The city Chamberlain In q New shop
Executive Session OF the Senate over
the HarbOr Master-The Vote ON
Removing secrecy-Arculartus and
Denis McCabe Contested Electton-Statc
Agricultural Society, DO.
ALBANY, Feb. 13, 1851.
Mr. Herman presented petition this morning be.
half Of the committee appointed by the late Democratic
State Committee praying that the Legislature win pass
law to submit the Crittenden amendments the PEG
pie Also copy Of the resolutions adopted by the Con-
vention
The Governor sent in two vetoes this morning that
created little feeling amongst portion Of the
bers. The bills both local. and the veto of his
ceency based upon the ground that all asked for in
the bills was already granted by general statute, and
local bills were unnecessary.
The House flooded with mem orials this morning
in behalf Of suffering Kansas praying for the passage Of
the Relief BILL Mr. Pierce moved to recommit the bill
70 the Select Committee tocut down the sum 10 $50 0o
This motion that time decided out Of order and
there matter rested this morning Since the friends
Of this measure have decided 10 reduce the amount
one half, there Is every reason to believe that
II will pass; In fact, the hundred thousand
appropriation would have passed when before the
Assembly last week, had the members been able
satisfy themselves that there really suffering in
Kansas. The source from which the such
create great deal Of doubt to its truhfulness
The scruples most them been satisfied since
hiatt horo lo,ffar
that young State, the bin win undoubtedly pass
The Bouse adjourned this morning at twelve O'Clock for
purpose giving the State Agricultural Society the
privilege of meeting in the chamber Mr.. Webster has
given po.,ce Of he following biThe Chamberlain Of
The city Of New York shall hold his Office for the like
for which 1t s provided by law the Comptroller Of said
city shall be elected and until his shall be duly
appointed and qualified and shall be subject 70 removal
from office only for malfeasance therein In the
manner and by the proceedings pro-
vided by law for removal Of the Comptroller Cor
%
this morning, but mostly Of local nature The only two
relating to the city Of New York reported by
M HutchDgs providing for the appointment of antors
by the courts Of New York also by Mr. C0mstock
incorporate the Eclectic Association.
hut little done in the Senate this morning Three
bills read the third time and passed The only bill
relating TO New York city was an amendment to the
standing committees Of that branch OF the legsla-
ture opened their gates and let score more local bills
rush out.
The Senate at twelve O'Clock went into executive
the resolution Of inquiry in regard TO the Harbor
Masters Of your city. There was quite furry
should be called upon report 70 the next
Executive any and all malfeasances In office by
these officials An effort to pass a resolution
calling upon him report 70 the Senate open session.
but this the republican Senators raised the raying
party cry and sunocated IT, They assumed In the dis
cuHsion what can be expressed In other language
than an ugly attitude. Like mad bull pushed
into the corner they clustered and about bound
~vvntt Mo Tnl tha
questing the Governor to report to the Senate in
open session. Yeas-senators Blood Coyin, Connolly
bertson, Splnola and Truman. Nays-Senators Abel
Bell, Fiero, Goss, Hllhouse, Laphan MoGraw, Montgo
meTy, Monroe Pr0sscr, Ramsey, Richmond Ritch War
rem williams. The motion therefore lost only the
republicans voting for 1t.
from the vote, but this failed but makes but little diff
fcrenoe-the above vote shows who anxious
up the sins Of Governor Morgans appointees 1t is just
as wei as though the secresy was removed
The contested election OF Henry Arcuarius and Dennis
McCabe for the Sixteenth Assembly district of New
York city brought 10 a hearing before the commit
tee yesterday afternoon Messrs J. W. Matte of Alba
ny, NJ. Mott and a. Oakley Hall of New York, were the
counsel for McCabe and Hon r g. Caliicot of Brooklyn
for Areularius 1t alleged by McCabe that he re-
ceved GIL votes, which larger number than
gals east for any other person in said district and
that the ecrlitcltc election member
given TO Arcularius, who occupied the Also,
that the First Election district of the Nineteenth ward
which forms tue Sixteenth Assembly district, only
two Of the three district canvassers who had
been duly appointed and qualified attended the
Of that McCabe duly protested before the Beard of
County Cnvassers against the reception and Of
The statement and returns made contendng that II
illegal and void, and also that frauds
committed at the poll Of said fhst Election district, to
the great injury OF McIabe
Mr.. CaIcot in reply and in behalf Of the sitting
Der, submitted and argued the following points,
/ The result Of the election having been ascer-
tanned and determined by the Board of Canvassers
The certificate Of election given by them to Henry Arcu
arius the legal presumption IS that be is entitled his
such member and this presumption cannot be
overcome unless the contestant shows airmatvey and
eoncnsvey that the certificate false The whole bur-
then OF proof Ii upon him.
The petition Of the contestant should be dismissed
because does not allege pretend that The irregu
arities complained of altered the result 1t be made
10 appeal armatvey that the person whose election
contested received number OF illegal votes which, IL
jectcd, would have reduced him to minority the cleo
g. The duty Of the merely ministerial and
The failure a. any To attend and perform his duty
not defeat tn election The statutes prescribing the
out OF me election are directory TO tho officers and their
neglect or violation of them cannot be permitted 10 dis
expressed. II IA well settled that when the law Is
merely directory neglect or mistake improper
conduct or irregiriy on the part Of the returning
officers, VIII be iat If there has been in other respects
substantial and good election Mr.. Collect here cited
several eases that Lave been tried in proof OF his
position.
That part Of the contestants memorial which al
eces rg2eEaly that numerous frauds committed
oaeht 20 be stricken out the should be re-
CURED to rake IL definite and certain by proper
spec fcaou Z is an established rule Of proceeding In
such that the petition snoui state facts with such
certainty as 10 give the sitting member reasonable
notice 81 the grounds upon which his right IL
loDtYpvetd 70 enable the assembly 70 Judge whether
tie facss alleged verified the proof and n proved
10 deterr1hc whether they sfciAn. 10 require the
SECTION 10 he set aside AMI the petition ogh. to DO
permitted without the consent OF the other Ery TO give
violence n any fact rot subsant ally forth 10 his
leten Inc arfunen. On the Gaze s rot yet Guded.
Tie state Agricultural Society convened IN the AsseI-
~ chamber a. twelve clock. The annual repor,s were
resented, ara other preliminary business transacted
yhen recess was taken - four p. ". There 70 sim
Tendance |
Colonel Fremont e here sId stopping at Congress Hall