The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-04-17
THE STOCKTON CASE.


Mr.. Walton, editor of the Vermont Watch
man and State Journal, himself formerly
member of congress, having censured the
vote OF Senator Poland, of that state, on the
Stockton case, drew from Judge P. the follow
ing reply, which we find in the last number of
the Watchman and Journal;
~ WASHINGTON, April 5.
Hon. L. P. WALToN,-Dear Sir: On my
return here last night | found your paper of
the 30th ult., containing an article on the
Stockton case, and criticising my course in
relation to it. l very freely acknowledge the
right of the public press to review the action
of men holding public position, and to con-
denim whatever they disapprove, and l be.
lieve l have never in any instance attempted
any public explanation of any act of mine
which has thus been questioned. l would
not in the present case, except for one sem
| tenco in your article. You say "Now we
have to add that Senator Poland sustaips
| Mr.. Stockton, while Senator Foot is on a sick
| bed, and thus Vermont is wholly on the side
| of Mr.. Stockton. This incident will give pc.
culiar interest to the question in Vermont,
and if the facts warrant the conclusion that
| there is a reasonable doubt against MI. Stock
| toms right, the vote of Senator Poland will
be much regretted and justly condemned"
| You do not say directly that Mr.. Foot
would have voted against Mr.. Stockton, if he
had been able TO be present, but such,
think, is the clear implication.
So far as / have means of knowing, Mr..
| Foot, if present, would have voted as | did.
After the case had been very carefully exam.
| ined by the committee. and we had agreed TO
report in favor of Mr.. Stockton. | conversed
with Mr.. Foot about it, stated to him all the
points of the case, and the grounds on which
| we thought his election valid. Mr.. Foot said
| he thought the decision of the committee was
correct in point of law and could not be con-
troverted. While the case was being dis
cussed in the senate, and after it was known
the vote would be very Close and some pclit-
ical excitement had risen, was told in the
senate that Mr.. Foot said he should vote
| against Mr.. Stockton, and was requested to
| withhold my vote for him, to equalize the
loss of Mr.. Foot's vote. / Immediately went
to see Mr.. Foot, and told him what had been
said to me: and further, that if he had deci-
ned to vote against Mr.. Stockton's right to
a seat, would withhold my vote. Mr.. Foot
replied that he had come to no such conclu-
sion, and SAID to me that if had examined
the case and felt satisfied that Mr.. Stockton
was legally elected. it was my duty to vote
so, without regard to him. l have no doubt
but that if Mr.. Foot had been in the senate,
| Vermont would have given one more vote for
| Stockton.
Whether Mr.. Stockton was legally elected
or not, was purely legal question, and
could not properly be affected by his politics;
the same state of facts which would legally
elect a republican, would equally elect q
democrat or a copperhead. In YOUR article,
it seems to be assumed that in the perform
ance Of my duty, the politics of the candidate
and the state OF parties in the senate, should
have been taken into consideration by me-
No one would rejoice more than myself at
| any legitimate accession to the repu blican
strength in tie senate, but did not suppose
that was at liberty to vote against man |
thought legally elected because he was not o
republican, nor do believe any republican
in Vermont would desire TO have. l do not
propose to enter into any argument to prove
that my opinion or nv vote was correct; but
/ did believe, and do now, that when an cleo
tion was devolved upon a particular body of
men, and no express law existed as to the
manner in which they should express their
choice, that by the general rule of parimeu-
tary law any manner, which the majority
agreed upon, and which should tend to bring
out the personal choice and judgement of the
electors, was valid. But if / was wrong in
my judgement, it is consolation that my en-
ror was participated in by such radical re-
pub,icans and learned jurists As Judge Trum
bull, OF Illinois, Judge Harris, of New York,
ce-President Foster, of Connecticut, and
Henderson, of Missouri.
| Very truly yours,
L. p. POLAND.