The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-03-24

solution adopted by that Joint meeting He mt Hem
drcks was very clearly OF opinion that that joint meet
ing had the power TO pass the resolution which did
adopt IL was not necessary to discuss whether that
convention could by any regulation rule depart from
rule prescribed by the two houses acting separately for
that question was not involved The legislature acting
In its separate branches did not undertake to prescribe
the rules which should govern tho election II simply de-
cared that the election should take place in joint
meeting OF the two houses, and as TO the mode
OF proceeding in that joint meeting the Legislature
adopted rule or law; and the question In his mind
simply whether the joint meeting had the power 70
prescribe the rules and elect in the mode which 1t did
elect Mr.. Hendricks continued his remarks in advo-
cacy OF the right OF the joint convention to prescribe
argument Of Mr. johnson made yesterday, IN which he
Stockton unconstitutional invasion Of the rights
OF the people Of New Jersey. He tMr. Clark main
the circumstances attending the election OF any one
claiming seat In the Senate 1t n right derived
from the constitution and when u was stated that Mr.
Stockton came here against the will Of majority OF the
New Jersey Legislature, against the will OF majority
each house Of that legislature the Senate of the United
States not to be told that IL a violation of the
constitutional right Of New Jersey Investigate
decide upon the matter
Mr. CRAGIs, (rep) Of N H., took the ground that the
majority rule alone should prevail In the absence of posi-
tive law, for plurality rule BY the old law OF 1898
majority was required to elect and that law had
Mr. STOCKTON replied Mr. Cragn that the law under
which his election held altogether different from
the law OF l194 He read from the laws OF 1915 under
which he was elected, giving the joint convention the
right TO prescribe rules for Its government The
proposition is that the Senate OF the United States
shall undo the rules by which the joint meeting of the
Legislature OF New Jersey take tho sense OF that
body. The whole case is this; and there are men,
clear minded men, and lawyers, who will review
this hereafter. There are men whom fallacies
cannot blind; these men will not examine II
or argue it in their minds and in their Judgment, with
who honestly and firmly will look upon the decision
in this sense without respect OF party ANYTHING
else, and they will that decide that the Legislature
Of New Jersey is the proper body determine how IL
will take the Of the body and the Congress
the Senate of the United States.
Mr. CoNxEss (rep) of Ca read the rules which govern
the joint convention OF the California Legislature and
spoke briefly OF the necessity of majority elect
Mr.. CowAS, trep) of Pa sustained the report OF the
Judiciary Committee The plurality rule was adopted
by majority OF the joint convention and the action of
that conventions the action Of the Legislature.
the Judiciary Committee who made thesrey Vt before the
Senate coming TO the conclusion that Mr.. Slq1kQu
entitled TO hn seat and having arrived a tht sion
after careful an investigation OF tho csNaya - he
and those associated with him were capah E ~
sidercd Il incumbent upon him TO state aft Nole-
what protracted debate, the considerations " which
they governed in coming 10 that decision. In
dong 50 the Only object ne aad the only Object ne snp
might DO properly settled II is purely legal question:
submitted 10 the Senate rs judges Ny only desire Is that
the Senate shall not make decision In so i'm
poran matter the OF the states here
tho rights Of member 10 his The constitution OF
OF pss sns hs @
Legislatures thereof The question is:-what Is the
legislature By some It s supposed that It that body
acting IN the same capacity as It acts IN the enactment
Of laws for the State But sir different construction
has prevailed and has been settled by precedent from
the formation fhe that the word "Legs-
ature used here in the constitution is description Of
the body that 10 70 make this election may make the
election by separate vote Of each House. Of the
two houses concurring; or the members OF both
houses may assemble together and make the
election. The latter 10 the general practice
throughout NE United states Very few, or consIde-
raby less than half Of the states at this time elect by
the concurrent action Of the two housea Mr. Trumbui
here read from Story on this question: and continued
1t being admitted that the Legislature named In the
Constitution Of the United States general assembly
Of both bodies and that that joint assembly when met
whether the successful candidate received single
Of one OF the bodies he obta votes enough from tho
other he Is legally elected For instance in the State Of
New Jersey they have general assembly, as II Is called,
Of sixty members OF the House aud twenty.
one of tho Senate. Nobody will question that
when met together for tho purpose OF clccting
United statss Senator, II forty-one OF tho
members Of the House OF Representatives had voted for
~ ~. ana ese,y ana a. sns
him, he would 'fiave boon clccscd 80 that the two
bodies merged into one whom they meet then this
tion Mr. Trumbull then referred tho legal authority
given TO the joint convention 70 prescribe It's rules
since 1874, and bad right prescribe the plurality
rule. Most Of tho members Of the other House were
then chosen * v0 TSs mn Law q
were not restricted 10 certain number OF candidates.
plurality vote elected
Mr.. SUMNER. trer) Of Mass said there were two kinds
q elections in England In popular elections plurality
vote elected but In corporations, elections by corpo
rate bodies, 1t required majority.
Mr. YATES, trep OF H., desired 10 ask Mr. Trumbull
question He desired 10 know whether there an in
stance in which person who had not received ma
jority OF votes had been declared Scnatorf
Nj. TRrNBurL said he did not know.
Mr. YATES asked whether, proposition for the cleo
ton OF Senator'S were pending In the Illinois Legislature.
II would he night 10 receive senator In this Body who
had not received majority OF the votcsS He would ask
another question His colleague Mr. TrumbuD had
serted that a majority Of the New Jersey Legislature,
which forty lone, sufficient 10 conduct
ton for Senator'S and that majority OF forty one which
IL twenty.onc would therefore he sun lent 10 elect
He Mr. Yates would admit this; but his colleague mr.
Trumbull had taken the ground that II there
raj candidates and the votes were so distributed as TO
give the highest candidate but five votes the candidate
receiving but five votes would be duly elected.
Mr. rRrxrrLL said his colleague had selected an ex
treme case.
Mr. YArrs said he oontcnded that this was gov
eminent o: majorties and that maorites alone could
elect
Mr.. TruxprLL asked his colleague n he did not know
that every member OF the other House elected by
plurality The candidate receiving the highest number
Mr.. Yars said he admitted the right Of plural
ity 70 elect where n was provided by law.
Mr.. rHuxsvIL said that IN admitting that much his
Al the CONCLUSION Of MI rrumbuis remarks Mr. srx.
ss 2, 'ns nS
modern history TO establish his position
The question taken, At the conclusion Of Mr.
Summers remarks, Mr. Ciarkes amendment 70 insert
the word NOT In tvo places In the resolution reported
by the Judiciary Committee. no ~ 10 make IL read
Rs.olved rhsi John r. STOCKTON duly e,scted
entitled his Senator State Of
New Jersey for the torn Of sr rom The <h Of March,
IaoS.
Tho yeas and nays were demanded by Mr. HEpmcxs,
on the adoption Of the above amendment and the
amendment vss disaueed to-ycas 10, nays a.
Y.As.ss.r. Brow, chandlsr Clara, Comes. cr.sin.
Nys Pcmsroy Ramsay sherman spcaxue, sumner, Made,
Ystcs--la
NAvs-Ms<srs Anthony Bucksiew Cowan, Dsvfs, Foster
Guthrie Hsrrs Henderson. Hendricks Johnson Lane of
Kansss MspoueHi horgn, se.nith Norton Poland, Rid
AnsrSr on nor yorirc-Aessrs Dfron, Dooitsie. Fco<
Howard. Morrill, STOCKTON, Van wins'e. Williams. Wilson.
WrGht-i0.
Mr. STEWART stated that Mr. Doolule had paired with
Mr. williAhs and Mr.. Van winkis had paired with Mr..
Howard.
The announcement Of close q vots created great
citement the floor and In the galeric. Mr.. sUnsxn
uttered In an audible voice, "wher' 10 wisonr-send