The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-03-23

upon the adoption Of the resolution reported by the
committee
the election OF Mr. stockton signed by eight of the
Senators and thirty OF the Members Of Assembly Of the
New jersey Legislature.
The protest was read
Mr.. CLARK moved to amend the resolution Of the
mittee by inserting The word mott before duty aud
that "Johu p Stokton was not duly elected and is not
entitled 10 his seat" &C.
Mr. CLARK then proceeded to give hs reasons for tins
amendment arguing that Mr. stockton elected by
plurality vote OF forty, while forty-one
against him. The question upon which the whole
turned was whether that plurality had the right 10
aside all precedent and declare Mr. Stockton elected He
declared that In the absence Of law the subject II
required majority 10 elect He did not deny that
competent for the Legislature TO say that plurality
might elect but was not competent for the joint
ture 70 enact law declaring that plurality might elect
but waited til they met In joint convention and hsn de-
termincd II by a vote OF Al to W.
Mr.. FEsskyDsS, (rcp) OF Me-. took the ground
az Mr. Clark that the joint convention had right to
declare the validity of plurality vote The joint con
vcnton had no right 10 change the legal ordinary rlia
mcntary mode orsuch proceedings. He could not see
how the Senate could come TO other decision than
that Mr. Stockton was not legally elected He MAINTAIN
ed that the election must be by the Legislature II the
Legislature delegates the power TO convention that
convention must adopt the rules that govern legislative
body.
Mr. stockton dem.) Of " j., asked Mr.. Fcssenden
II the convention had not e right TO prescribe rules for
Its own goyernm mt.
Mr. FEssKSpFv said couvsntnn cannot undertake to
change the common law. Any change in the ordinary
received modes Of proceeding such as are recognized by
law, must be by the Legislature
Mr. STOCKTON said that by the constitution Of the
State or New Jersey the joint convention the Legs
laturc, and so declared for The very purpose Of
making It's rules As 10 the plurality rule In his
ease he stated that u adopted by republican
votes IN the hope OF elec'ng republican Senator II
was adopted because nine democrats had refused TO
into caucus to nominate him, and II hoped that
sufficient number OF these would vote for Mr. Ten Eyck
said he had hoped that the report Of the judiciary
Committee on the matter would close II, but
looked little TO him like what lawyers term Appealing
from the court TO the jury on question OF law He
was glad to know that. Of the COMMITTEES that re-
ported in bis favor ave out of seven meal
hers were HIS political opponents. He proceeded
with his argument show that Joint convention Of
The two houses OF New Jersey had legislative au-
thony. He read from Official records show that this
had been The practice IN New jersey and that u was
initiated IN the r,t election ever held for United States
Senator IN l7sS In 1881 the republican party set pro-
cedent which would rcfue the point raised by Mr. Fcs
senden. Up 10 that time II had been held that ma
jorty OF the members or the Legislature elected
necessary 70 election OF Senator, but
found impossible 10 elect under this rule and the Legs
y majority Of quorum was sunicent 10 elect Under
this rule Senator was elected and there WAS no
'icn raised a. to tho validity Of the election.
Mr.. JonSsos, dem OF Nd. argued In favor OF the
report Of the committee and the validity OF Mr. Stock
tons election. II for the psope Of New Jersey,
Legislature Of New Jersey II the LEGISLATURE Of New
Jersey consisted Of body instead % two there would
voss might elect senator he ONT Johnson contended
that the two houses Of the Legislature In Joint conven
ton had legislative powers that the joint convention
IN fact the Lssislaturs Buppose, in the joint
ton there eighty vo-essxty Of the Houss and
twentyone of the Senate, and that Mr. STOCKTON
cevsd majority Of the " hole vote without receiving
single vote from the SeDae would not that election he
vaiidy Certainly Clearly, then, the joint convention
the Legislature; otherwise, In the cited the siec
tion might be claimed 70 be by House only kr.
johnson stated 10 the OF his rcmarks that Mr
Clark the only membev Of the judiciary Committee
Who dissencd from the forth the report Of
the COMMITTEES.
Mr. HowH took the noor In the pending question, but
gave N Nv SusvsR who moved executive
zion, and the Senate after
Adjourned