The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-03-27

b6vtfM RentIemen NttnR SeDAiOrs
been questioned But is the first time that any person
whose right to seat has has ever voted
since have been member and l confess very
much surprised when the Senator from New Jersey cast
his vote When he directed his called some
gentleman sitting near mel believe the Senator from
Nevada-asked me privately II he had right to vote
his own case. said to him, Certainly not" believe
he asked the question OF the presiding officer OF the
se, VINO simply replied that his name was on the list
No more Was said. No decision made. II took tho
Senate by surprise, think The recorded and
the result announced The presiding officer said there
was no rule OF the Senate the subject That
but there are some things that II needs deter
mine II any member of tho Senate had risen in his
thero Is no rule that 4 member cannot vote
twice; but there are some self evident propositions
among them. One is that man can be Judge In his
This is judicial question. II s not like an
individual who candidate for Office going the polls
and voting for himself when his right 70 vote is not
questioned II IL not whether the State OF New Jersey
" entitled 70 representative; but whether person who
claims 10 have been elected this body has been elected
or not II 10 judicial question, and In my Judgment,
the Senator from New Jersey had no right vote Now
how is this 70 be correcteds think ought 10 be
corrected The Senator from Massachusetts, proposes TO
correct il by striking from the journal the name Of She
Senator from New Jersey What would be the effect OF
thatf The resolution has passed Suppose you strike
his name from the list where does the resolution stan
suppose had been act OF Congress instead OF
luton Of this body suppose had been bill from the
House OF Representative submit that the
rderaton OF the Senator from Suppose
had been bill from the House Of Representatives the
passage OF which Senator Interested and which
had been carried bv his This occurred last Friday
Meantime the hill was presented the President OF the
United states and, having received his signature,
were to come In on the Monday following and to
strike from the journal the Of the party
by which the bill was passed. What would become of
the lawf Now what would DO the condition OF this
lufions believe the senator from New Jersey, n
have said before, is entitled TO his scat; do
believe he Ia entitled to hold his seat by his own vote
He would have held his seat without his The
vote was tie without the Senator from New jersey
That would have left him In his seat He having been
sworn IN was not necessary that the resolution should
have passed II would have required Affirmative
vote to deny him his seat
the resolu ion affirming Mr. stockions right TO .
must not be affirmed by majority vote.
Mr. IHusBrtL replied that Mr. stockton wm here with
out that
Mr.. NYE-That /. point we will decide hereafter
Mr. TRumsrrL-You will have TO get him out by vote
In conclusion Mr. Trumbnl said that the proper
arrive at the result aimed at by Mr. Sumner
a reconsideration Of The vote of last Friday He would
agree TO make that motion II Mr. sunncr who had voted
with the majority and could not do would withdraw
his motion
Mr. suxxsR said N Mr. Trumbuli would move a recon.
alteration he would withdraw his motion
Mr. sHxRNAS, trep Of Uhio. said the question
Of parliamentary law. Undoubtedly vote s given by
any person, whether Senator not, Il Is the riea
OF the Senate at the time supervise the right or
the person TO vote There doubt that n n senn-
tor was directly Interested In before be Sense
he excluded by parliamentary rules from voting
A. 70 the question when the correction shall be
was plain that could not be made pending tho vote
II must therefore he made after the recorded
Mr. Sherman favored the motion of NJ. sumner
better mode Of eaching the qnson before the senate
MI DAVIS. tdem.l of Ky, coptended af length for
the right Of Mr. Stockton vote and charsnerizcd the
attempt 10 him from his q party measure
a, attempt to get '~othrds vote the other side of
Mr.. STOCKTON, tdemI Of N. J., then took N. floor
He said that al nrst he had intention Of saying any
thug on this sul5ect today; but remarks had beea
made In the oov-se VI ths dcbaie whch made h
sary him ~ something on s ow behalf rsrt
H. mDaS e % a g .ss
the United slatS sh.i he COMPOSED Of two Senators
from each Sis<e chosen by the Legislatures thereof for
years; and each Senator thall have vote ;" lie
tM stockton, hsd naered himself that, having rassed
through the four terrible of this that he bad
been living undsr constitutional government and that
when the constitution Of the United States aid thing
In many words that all bibles raised by parliamentary
Law woud be napplicsble and would not control the
Judgment 2of anybody. In the Senate of New JerSey
when assembled In the early part Of tho winter theirs
twenty-one SeDators-eeven Republicans and ten
democrats. Al the opening Of the session republican
senator voted for himself for the Office Of President of
the Senate, which he has held since. No question
ever raised 10 his right to do lie (Ar stockton)
here by virtue Of bis credentials The Governor u
the safe OF New Jersy under the broad seal of New
Jersey told him he elected Senator lie believed
that true. He had examined tho subject
thoroughly As FAR as conviction could fastcn itseif
upon tie human m nd thai ON had fa ened itself
upon bis mind He presented these credentials He
was sworn In. He took solemn oath 10 d. his duty
Senator In this body, and 10 do Il this case. III
had doubt whether be should have votel when his
called % the hrSt instance the amendment
Gentlemen had failed 10 mention this fact, that he did
not vote on the amendment ~ Mr. clark II was from
delcary that he refraned from voting then because
he did not think he had night IN vote II might have
been very serious question II might have been very
difficult thing for him to have freed himself from the
sponsiby cf voting. had his vote been sunncont to
eide the vote In that amendment Ia have allowed deli
cscy 10 oyercome what his constitutional duty
Gentlemen said TINT III judicial case and that he
(Mr stockton) had voted In hts Was that
iruef He bad thought so II be tboueht was his
he should never have come to the senate
He should never have asked 10 take his seat; he
should have presented his credentials Some gen
tlcmen might absorb their representative character in
Their personal cons deration. He never did He
the case of the Senators from New Jrr-y when one
senator from New Jersey by srsce prevented from
rendering his vye, he fHr sockton) not u h. with
held from mo,isrs Of deoary fron eounieraciins thai
ArGce There we're elosen States out of ths Union
da NJ. mean ,hss sbs. should he done ~ben The dits
esrdng Of motive of delicscy would prevent " THIS
made n necessary for him 70 make revelation wh,eh
extremely dis~srs-sbie 10 him, which he dld In
tend make. He would like % the whole subject
erased from the proceedings of ths body He would ike
senate o. United sta'ss he yesterday received
from tho home OF Nr Wright hi, colleague IL wss
from the son Of nr Virgin who served IN one Of the
great campaigns a. q major of The srmy Mr. stocsion
read from Malor Wrghts letter II expncases .sionish
meni at the course Of Mr. Morrill, and accuses Mr. Morrill,
OF breaking his pledge 10 his father IL ASSERTS that Mr.
korrill had written "a Wright tie rubect
Mr. stockton then caused 70 be rad letter from M
him that he fr NorrilD would feel constrained
Tie question. Ne also rcad despatch sent by
wished him Mr. Virgin 70 ssow that. Alter allowing
him reasonable tune " get 10 Washington Tburs
day, he tMr Norr wooId consider hin-e al liberty W
lie lnr stockionl received a reply 20 his d
spatoh Mr. wnehi stated that be was stu confined
bis room, aDd could not be Washington before tb-
middle " this present week, and could not therefore,
consent 10 tbs Withdrawal of the m~nt In con
ciusion Mr. stockton sad he had nlwsys had high
gard for the srna,or from Maine (sr M0griin Re de-
sired say now that VII 10 be red tho
which he bad Just referred In tho strongest terms that
Parliamentary lsngssze would permit him use be
DnvDced thai Mr. horrn meant nothing that not
nght ana honouiae He would notice, however. that
the newspapers reported TINT the Senator from Masa-
cbu-etts thf sumner, Who had taken upon himaef the
guard anshp OF b honor Of The senate. had advised Mr.
Morrill, 10 vote on that occasdn
Mr.. Fs~ssDss, rcpl Of Me, wished 20 know sr
Stockton referred % him
Mr. .is he sd not. He referred 10 the sen
IRON Massaehxsrtts mr. Summer
kr SrsSEs-l ADVISED him 10 vote, certainly did
Nj FtssssDrs rore ~ esplan the crcumftAnc sundcr
which bis coleagsa fhr. Aorriir voted Friday 'rlr
seven vecks bad elapsed since be paired Nth Mr.
Wright Mr. hornI had siyrn sr Wright notice % his
intention 70 vote an bad gwen him reasonabs time 10
rr, here " vote HIS colleague consulted him a. 70
What be should DO stated the fars " him Ne tolf