The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-03-28

to batter down this obstacle which, go long
as II exists, makee their majority OF no more
practical value to them than a minority, except
Tor the single purpose OF excluding the Southern
members. From the House they have elected
Mr.. Voorhees,, and are on the point of ejecting
MIR. Brooks, both Of whom we're fairly elected;
and they are making strenuous effort to eject
Mr., Stockton ffom the Senate, although COM
mittee. composed in great part of Republicans,
have reported that he is fully entitled to his
scat IL they consummate this outrage they
will not stick at any other. A majority sufices
TO unseat member; and they will keep putting
their majority to this use until the supporters OF
the President are reduced TO one-third IN each
House. They have Just as much right to turn
out members entitled to seats, as TO Keep out
members entitled to seats; and set of faction
isis who. in defiance of the Constitution, deny
representation to eleven entire States, will not
scruple, In their revolutionary frenzy, to pare
down the representation of other States, until
they get complete control of the Government.
Senator Stockton's quiet possession OF his seat
would never have been disturbed, II the radicals
bad any chance of getting twothlrds without
his exclusion. The point on which his title is
questioned IL very simple, and, In point of law,
is conclusively overruled. In the joint meeting
that is the phraseologY of the New Jersey Con-
stitution) for the choice of Senator, Mr. Stockton
was elected by plurality vote; the Joint meet
ing having previously decided by a majority
vote, that this should be the rule OF the election.
If the New Jersey Legislature each house
acting separately, had decided, before
going into Joint meeting, that plurality
should elect it is on all hands conceded
that the elecuon would have been valid;
that is to say it is admitted that the Legislature,
but denied that the Joint Meeting, had power
to adopt such rule. In other words, the ques-
ton on which the validity of Mr.. Stocklons
election turns Is, whether the Joint meeting was,
or was not, the Legislature. If the question
was lett to the subtlety OF legal distinctions, it
might be open to diversity OF opinion. But, in
the actual case, the Constitution of New Jersey
cuts it short by declaring that the Joint meeting,
while IN session for the choice OF Senator, as
the Legislature. 1t was on this ground that the
appropriate committee of the Senate decided, by
a very large majority, that MIR. Stockton Is en-
titled to his seat.
The arguments ofgeveral Senators, on Monday,
against MIR. Stocktons right TO vote are self
cOniuting. Those Senator's expressed their full
conviction that he was fairly elected, and fully
entitled to his seat; they professed to have no
doubt on this point whatever; and in the same
breath they denied his right to vote! In other
words, punctilio OF personal deicacy is sutfi-
Gent to annul perfectly legal election, and
oust Senator in whose title there is no flaw.
Mr.. Stockton's title to his seat and vote rests
on precisely the same ground as that of every
other Senator. He is q member OF the Senate
by his credentials, precisely like Mr.. Sumner
who holds his seat by no other title. All the
Senators are sworn in on their credentials and
have an equal right TO act as Senator's until by
vote OF the Senate, the credentials are declared
invalid. If Mr.. Summers title 10 his seat were
questioned, being perfectly good, would the
mere IdCI Ol CDdllengC ueprlNe nun vi any vi HIS
rights Senator? Most certainly not; and
MIR. Stockton has every right that Sumner has,
until majority of the Senate shall have de-
clared otherwise. 1t is not true, as the radicals
alege, that Mr.. Stockton retains his seat by his
own vote for the tie, which existed without it,
could not displaCe him. He would still retain
bis seat by his credentials, like every other
Senator, whose title from this source can be set
aside only by a majority.
The question is postponed till THURSDAY.
Meanwhile, Mr.. Stockton IS still Senator fully
entitled to vote; anquesltondbly entitled to vote
on every subject in which he has no personal
interest, as he has been doing without question,
on the strength of his credentials, since the
beginning of the session.