New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-27

liberty to vote on his (Stocktons) case on Friday
morning. He (Stockton) received reply to his dis;
patch. Mr.. Wright stated that he was still confined
10 his ROOM and could not be in Washington before the
middle of the present week. and could not therefore,
consent TO the withdrawal Of the agreement In con
cusiOn Mr. Stockton said he had always had high re-
gard for the Senator from Maine (slr. MorrllD lie
desired that which he characterized the act
to which he had just referred in the strongest terms
that parliamentary language wOud permit him TO use,
he was convinced that Mr. Morrill, meant nothing that
was not right and honorable He would notice. how
ever that the newspapers reported that the senator
who had taken upon himself the guardianship OF the
honor of the Senate, had advised MI Morrill, tovote on
that occasion.
Mr. FEssESDEy wished to know if Mr. Stockton re-
Mr. STOCKTON said he did not. He referred to the
Senator from Massachusetts, (Mr. sumner.
| Mr. SUMSER-I advised him TO voe-certainly did.
Mr. FEssENDEN rose to explain the circumstances IN
der when HIS colleague (Mr. MORRILL, voted Friday.
Six weeks had elapsed since lie parted with
Mr. Wright Mr. Morrill, had given Mr.. Wright
notice % his intention to vote and had given him
| reasonable time TO get here 10 vote. His colleague
consulted him to what he should do and stated the
facts TO him. He told him that all that could be re-
Qured Of him that be should give reasonable notice
Of his desire TO terminate the arrangement II there
was any mputaton on his colleagues conduct, there
Yves the same on his Fessendens) He considered MY.
| Morrill, as acting perfectly IN the right.
| Mr.. SUMNER said he too was Wiling 10 take his
share of the IespOns bbiiity He advised NJ. Morrill,
TO vote, and believed he did right.
| Mr.. HENDRICKS addressed the Senate in defense OF
day last
Mr. SALISBURY said the motion TO correct the journal
not in order he thought. The Journal was correct
| as II stood Objections We're made on Friday last To
Mr. Sockton's vote, aud they were oyerruled by the
Chair. There was no appeal then maCe nom the de-
cison Of the Chair and he did not think the question
could properly now come before the Senate IN ls pres
ent shape.
Mr.. IASE (Kansas) expressed his surprise that Mr..
Stockton should have voted in his own case He be-
eyed Mr. Stockton entitled to his seat but he felt
sure that If he had reflected moment he (Mr Stock
tom would not have voted on Friday Tor the sake OF
giving Mr.. Stockton an opportunity Tor setting himself
right he would If nobody else did go move reeonsid
Grafton of the vote OF Friday.
/ Mr. FOSTER took the floor in a brief explanation Of
his decision, as presiding officer Friday. IL was
evident that that decision had been misunderstood lie
understood the Senator from Delaware Mr. Salisbury
10 say that after the roll had been called on Fridays
after the name Of the Senator from New.Jersey bad
been called and he had voted objection was made and
after the objection, the Chair decided, IN substance
that the Senator from EewJersey bad right
10 vote; and. after that had occurred, il was
TOO late in his Judgment, 10 undertake 10 amend
Il the journal in the manner now proposed. Mr.
Foster said that Mr. Salisbury was entirely
mistaken In regard 20 what occurred at that time me
Senator from Nevada (Air Nye) rose after Mr.. Stock
ION had cast his vote Friday and asked II member
had right 10 vote in his own case; to which IT was re-
Piled that the Chair had prerogatlve 10 settle anv
question Of the kind except 10 hold that the name OF
every Senator the list may be called and II is the
privilege Of every member whose name is on the list
10 have his vote recorded. That is not, IN my Judg
ment deciding that the Senator from Newjersey had
right 10 vote; it expressly diseaims the night Of the
Char 20 decide that question.
| Mr. SToCKToS-I ri - 20 withdraw nv vote. am
Exceedingly anxious that shall make my position, in
doing So perfectly clear. AT the moment that voted
no had questioned my right TO vote IN this body
| when my name was called. From the moment L en-.
tered this Chamber until then, voted upon any sub
lect whatever. / had been on the contrary told by
Republican Senator'S well a. Democrats, by gentle
men OF different politics from my own, that In their
opiujon was entitled 10 vote The question OF the
validity of that vote never crossed my mind believe
to-day; believe at this moment that that Is wand
vote according the Constitution OF the United States
Now Mr. President the vote being valid according to
my Judgment there being no question raised IL was
nv duty as / have said before, TO overcome all
| sc,unles OF delicacy in order that NewJersey
might be represented but the discussion to-day has
exhibited 20 me the fact that there are dodbts in tie
. minds of the abest lawyers In the Senate. In the
mind of the Chairman VI the Judiciary Committee him
self TrumbulD there we're grave doubts ~ to the con-
additionally OF the vote. do not propose to occupy
nv seat in this body by an unconstitutional vote an IL
eyal vote desire that question be examined care
fnly / should like the Judiciary Committee TO eX
anime H. the Committee Of which the distinguished
senator from Illinois is Chairman. i therefore with.
draw my vote, aud request some gentleman TO offer "A
resolution thar the Judiciary Committee be requested
to examine carefully. before am again called upon to
Mr. SruyER-Does the Senator withdraw his vote |,
| Mr. CLARK in the Char-It is the opinion OF the
Chair that he cannot. except by unanimous consent
i Mr. FTssENDRN said Mr.. Stockton conld not with.
draw his vote; his own Judgment that the best
, 10 reach the matter was by decentralization.
Mr. POLAND said he had voted in favor OF Mr. Stock
ION believing bim entitled 10 his seat. BE did not think
boyeyer that he had right TO vote in his case,
lie NOV ed to reconsider the vote OF Friday last.
Mr. JOHNSON moved to postpone further eonsidera.
ton of the subject until Thursday next 10 enable Mr.
Wright and others TO get here to vote.
MI LANE Kansas hoped that Mr.. Stockton would
have leave To Withdraw bis vote.
Mr. COMES favored q correction OF The record by
.clnding the vote of Mr. Stockton
Mr. SUMNER offered resolution in lieu Of the pending
motion declaring that the vote OF Mr.. Stockton be not
I.f. tnfu ha NJ
Senate.
such resolution. as Mr. Stockton had expressed regret
for his vote already ana "ouu uot VOC aSh uH1 us
MIR STOCKTON denied that he had expressed doubt
as his right to vote Some OF his friends had doubted
the cousitniionHy OF that vote and under the cir.
cumstances he asked permission TO withdraw II; and
OF course no gentleman would dream that he would
vote until the question was settled.
Mr. SHERMAN believed 1t best TO refer the resolution
of Mr. Sumner TO the Judiciary Committee with in
structions to report on Thursday morning.
i Mr.. GRIMES moved TO amend by instIucting tie
IsIiciary Committee TO report standing rule of the
senate that no gentleman shall vote in his own case
Mr. TRuMBUIL said the amendment was not neces'
competent for the judiciary Committee TO report u
THE motion 10 refer the resolution OF Mr.. Sumner was
debated by several Senator's after which 1t was dis
agreed to BY the following vote:
TrA-Mes.rs Anthony Buckalew, Cowan Davis Guthrie,
Harris, Hendricks Johnson Lane lkanl MSDonrsa Me-.
mth, Norton. Riddle. Ssusoury Sherman, Irumonu. Van
Wrinkle and Wilsy-lj.
NAys-aiesus Brown. Chandler. Clark CONFESS Cragn.
Cr.,ve Fesssnden Foster Grimes. How ard, Howe, Kirk.
wood Lane lind Nye, Polsnd Pomeroy, Ramsey sprasue.
sumner Wade. Wilson and Yates-a.
ABSENT OR NOT VorING-Messrs Dixon. Dooittle, Foot,
Henderson, Morgan Morrill, Stewart, Stockton, Williams and
Wrsht-l0. .
The question then required postponing further
consideration OF the subject until Thursday next.
Pending the decision Of this motion the Senate at 80
O'clock p. IN, adjourned.
Il HOUSE OF REPRESENTATIVES,.