New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-23

bv Competent authority This will hardly be ques
toned. I'll,
Thi. is the rule very generally. if not universally,
adopted in the election Of members Of the House OF Rep
who chosen every second year Dy Tue
people Of the several States, and no one quesoas %
validity of the election Of Representative Dy piura
ty vote when the law authorizes plurality TO elect
1t is. however, insisted and truly that no law OF
New-Jersey authorizes plurality to elect Inc laws
OF Ncw-Jersey are silent on this snbeet-bnt they DO
authorize Joint meeting Of the Two Houses OF the Leg
slanre 70 appoint Senator, and 1t has been the uni
form practice of this Joint meeting since the foundation
of the Government, to prescribe the rules for Its own
government.
The rules rs TO the number Of necessary to effect
election have varied at different times; sometimes
requiring majority Of ell the members elected TO Doh
Houses Of the Legislature; sometimes majority only
Of those present. and in the case under Vi
only plurality.
Suppose under the rule first stated. but 70 members
had been pre- In the joint meeting and only ~ bsd
voted for the person. would he have been elected
And il not, why notl
Seventy nine out OF Il would have constituted quo
rum. and 40 would have been a majority OF those
present.
The only reason why such vote would not have
made an election was the existence OF the rule adopted
by the joint meeting declaring that no candidate should
be elected unless receiving majority OF the votes OF all
the members elected to both Houses OF the Legislature
While that rule was in force no presiding ON ser
would have thought of declaring candidate eiec,eu
nor would any candidate have supposed himself
elected because be received majority OF the votes
cast. unless such majority was majority OF al tne
members elected TO the Legislature. Under the o'her
rule that person receiving gajoIity OF the votes %
those present should be declased elected, WHO "OuId
doubt the validity of election By 81 out OF 90 voes
If only so many had been cast II the joint meeting
had the right prescribe at ote time that should re-
qnire a majority of all elected TO the Legislature 10
elect another time that msjoriy OF those present
might elect. and at still another time that elections
might be had by reclamation, had the rsht 10 pre-
scribe that plurality rule shodld elect and When an!
candidate received pluralits be thereupon became
elected not simply by the will pr those VITO voted for
him, bnt by the will Of the JOINT meeting when had
previously. by majority yOtef resolved that sLeh p1
ralty should elect. ~
II might be urged in this cax with nrch plal'ibiy
that inasmuch tho ConstitI8on Of New-Jefsey rec
ognizes the two Houses in joHt meeting - LeSlsla
ture thpt such Joint meeting the very body on
whom the Constitution Of the nied States mad con,
ferred the power to prescr'H the times places and
manner Of holding elections 10 Senators.
Bnt your Committee prefer placing the au,h0fltv OF
the joint meeting to prescribe 1he plurality RUE on thr
broader ground that in the ahsSnee OF any law elmer
Of Congress the State on TIE subject joint meeting
OF the two Houses OF Legis duly essen bed ana
vested with authority to elect Unted States SENATOR
has a right to prescribe that apluraty rule may eeci
on the principle that the Adoption of such rue by
majority vote in the first Instance, makes the act SUD
seqnently done in pursuance such mJorlty lts own
] Tne Committee recommend for adoption the ioIo"'
ing resolution:
Re,o,d That John r Stockton duly elected and Is en-
titled his Senator from the State OF NewIer'ey
FOR the OF six from the 4h dsy OF March 1900
Mr. ANTHONY lin the Chain stated that the question
was upon the adoption Of the resolution reported py Tie
Committee
Mr. CLARK called for the reading Of the protest
against the election OF Mr. stockton signed by eight
Of the Senators aud 90 of the Members OF Assembly Of
the NewJersey Legislature.
| Mr.. CLARK moved to amend the resolution Of tie
Committee b inserting the word not before dui!
and also before the word entitled 50 as TO make !,
read that John Il. Stockton was not duly eected ana
is not entitled IN his seat etc
Mr.. CLARK then proceeded 20 give his reasons foI
this amendment arguing that Mr. STOCKTON was elected
.f
against him. The question upon which the whole case
turned was whether that plurality had the night to set
aside all precedent and declare Mr. Stockton elected
He declared that in the absence OF law on the sub
iect IL required majority 10 elect He did not deny
that II competent the Legislature 10 say that
plurality might elect but IL not competent FOR the
Joint convention 10 determine. They did not ask
the lie gisature TO enact a law declaring that pg-
raity might elect but waited Ill they met IN joint con-
,ention and then determined by vote OF Il TO i0
| Mr. FgssRSDEN took the same ground as Mr. Clark
that the Joint convention had right 10 declare the
validity Of plurality vote. The Joint convention had
no right TO change the legal ordinary parliamentary
mode Of such proceedings. He could no, how the
Senate could come TO any other decision tnan that Mr.
stockton not legally elected. lie maintained that
the election must be by the Legislature II the Legs
lature delegates the power TO convention that con-
vention must adopt the rules that govern Legislative
body
Mr.. STOCKTON asked Mr.. Fessenden IL the conven.
ton had not the right to prescribe rules for Its own
government.
Mr. FEssExDEN said convention cannot undertake
TO change the common law. Any change in the ordi'
nsry received modes Of proceeding such rs are recog
niyed by law must be by the Legislature.
Mr.. STOCKTON said that by the Constitution OF the
State Of NewJersey, the joint convention was
the Legislature, and was 80 declared for the very
purpose Of making its rules As TO the plurality
rule In his case he stated that it adopted by Re.
publican votes In the hope Of electing Republican
Senator. 1t adopted because nine Democrats had
refused 10 go into caucus to nominate him. and it
hoped that sufficient number OF these would vote for
Mr.. Ten Eyck to secure the election by plurality
| vote Mr. Stockton said he had hoped that the re.
port OF the Judiciary Committee the matter would
close IT, but 1t now 5eemed that another investigation
must be mad. II looked little TO him like what law
yers term, appealing from the Court TO the jury on
Committee that reported in his favor five out Of seven
members were his political opponents: he proceeded
with his argument to show that the JOINT Convention
legislative authority. He read from official records 10
show that this had been tho practice In NewJersey;
and that II initiated in the nrst election ever held
for United States Senator In l7e9 In le5l the Re
publican party set precedent which would refute the
point raised BY Mr. Fsssendsn Up TO that time Il bad
been held that majority Of the members Of the Legis
sture elected was necessary to secure an election OF
Senator but IL was found impossible to elect under this
rule and the Legislature rescinded it and adopted In
ts place rule that majority OF quorum was sum:
cient to elect Under this rule Senator was elected
and there was no question raised - 70 the validity Of
Mr. JOHNSON argued IN favor Of ths report Of the
e, and n: ~ sas not ss
Senate to say what rules shall govern the Legislature
OF New-Jersey 1.-THE Legislature Of Nsw.Jerssy con.
sisted of one body instead Of two there would DO no
doubt q 70 is right to prescribe that plurality vote
might elect Senator. He (Mr. Johason) commended
that the two Houses Of the Lsgssture. 10 Joint Con.
vsntou had legislative the joint Convex
Joint Convention there were 81 votes.6o OF the
House and 81 OF the Senste-and that Mr..
Stockton received majority Of the Whole vote without
electior be yadt Certainly, Clearly thon the Joint