Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-04-12
RUTLAND HERALD.
SATURDAY, APRIL Z, 1866.
Scnator Stockton Dragged Into yer-
mont.

we very muCh regret 10 see Jne Sena-
tor Stockton case dragged into this
state and made an element in our Sena-
t9r'al canvass. The fact that Senator
Pol8 nd agree with several other Repub-
lican iurists, uembers Of the Judiciary
Senatorial Committee, as well as several
Republican members of the Senate not
on the committee, in regarding Senator
Stockton legally and fairly elected is
seized by politicians and Others as an
electioneering club against Judge Po-
lands election to the Senate by our Leg
islature next Fall, If Judge Poland
acted from mere party bias, from old par
ty affections before the Kansas outrages
and other political crimes had driven
him and thousands of others from the
false democratic fold, if he acted from
any prejudice and not from reason and
sound practical common sense patriot
ism-if, in a word, he had not good rea-
son to believe that Senator Stockton
was fairly and legally elected, and voted
against his conviction and better judg-
ment, none would be more swift to con-
denim him than we.
We are no admirer of Senator Stock
ton, and we should rejoice to see bet
ter man and sounder statesman occu-
plying the seat which he has been re-
Gently voted out of. But if he really
was fairly, legally and constitutionally
elected, and we were occupying the
place Of Judge Poland in the Senate,
then, indeed, should we have voted as he
did, with Anthony of Rhode Island
with the two Senators from New York,
with Judge Trumbull of Illinois, with
Lane of Kansas, with Norton Of MINES
ota, Henderson of Missouri, and some
half dozen other Republican Sen ators,
who believed Stockton held his seat
fairly and honorably, and acted in &C
cordance with their convictions.
On the Judiciary Committee to which
was referred Mr.. Stocktons case, were
five Repub cans and two Democrats
three OF whom had been Judges of the
Supreme Court of their several States.
The Senate had put them upon that
committee on account Of their legal and
judicial experience and ability; and the
Senate, too, regarded the Stockton case
as a legal question, or else it would not
have referred 1t to the judiciary Com
mittee,
Now IS !, at all probable that six out
of seven OF these Senator's, learned and
experienced in legal and constitutional
matters, and five of them known for
their strong attachment to Republican
principles and Identification with the
Republican party, would have reported
in favor Of Mr.. Stockton's retaining his
seat if they had not been convinced of
the fairness and legality Of his election
Being so convinced, would it have
been honest or patriotic in them to have
smothered their convictions, ignored
legal and constitutional rights, and
acted from mere party impulse, and
from passion inspired by party preju-
dice ? Are the people of Vermont so
blinded by party passion themselves,
that they are going to condemn a man
whom their Legislature has for a score
of years annually placed upon the Bench
of the Supreme Court of the State, be-
cause he dareS stand up in the United
States Senate and declare political op-
pOnent entitled to his seat in that body
when, after thorough investigation, he
honestly believes he has been Constitu-
tionally elected For ourselves, we do
not believe the people of Vermont are
either 50 ignorant, or so blinded by par
ty passion, and men who know better,
but who are using this case to injure
Judge Poland, are simply demagogues.
Judge Poland may or may not be the
most suitable man for our Legislature
TO elect to the United States Senate,
next October; but if we were the
stanchest friend of worthy rival can
didate of his, we would scoyn to employ
such weapons in the contest. Such con-
duct is unworthy of honorable, intelli-
gent men, and unworthy of the people
Of Vermont.
The facts in the case OF Mr.. Stockton's
election we understand to be briefly and
substantially these:
The Constitution of New Jersey makes
! joint assembly of the two branches of
The Legislature legislative body, capa-
Die of adopting its own rules and of be-
ng governed by them. The Legislature
If New Jersey met in joint assembly for
he election Of United States Senator, |
md adopted the rule that q plurality |
'hould elect. Mr.. Stockton had plu-
'ality, but there was majority Of one |
against him, counting all the votes re-
,eived by the several candidates op- |
,osed to him. By the rule adopted he |
vas therefore fairly elected. 1t appeared,