Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1866-03-30

THE SrocKroS CAsE.-At any time the ques-
ton as to the right Of Mr. Stockton to a seat in
the Senate, as the choice Of minority only of the
body that elected him, would be interesting and
importaut but for peculiar reasons it is the gray
est question now before the Senate. Mr. Stock
ton not only misrepresents his own State, but on
many national questions his vote offsets the votes
of two Senators, legally chosen, who represent
loyal States and people. We mean, propositions
to amend the Constitution and bills vetoed by the
Executive If he is not fairly entitled to his seat
nay, if there is a reasonable doubt Of the validi
~ Of his electon-we hold that il is clearly and
imperatively the duty Of the Senate TO Dust him.
That liberality or courtesy is too broad which
gives the benefit of the doubt to a Senator against
his state and worse STILL against the grayest in-
torests Of the whole country. Itwould be wise, in
case Of doubt, to remand the question to the Leg
islature Of New Jersey for new trial. Now we
have to add that Senator Poland sustains Mr..
Stockton while Senator Foot is on sick bed
and thus Vermont is wholly on the side Of Mr.
Stockton This incident will give peculiar inter
est to the question in Vermonti and if the facts
warrant the conclusion that there is a reasonable
doubt against Mr.. Stockton's right, the vote of
Senator Poland will be much regretted and Justly
condemned. We propose to give the law and the
facts of the case fairly we can.
The Law.-Tho provision of the Constitution Of
the q. S. as to Senators is that "the times
places and manner Of holding elections for Seua-
tors and Representatives shall be prescribed in
each state By the Legislature thereof Under
this authority the Legislature Of New Jersey, in
tie ordinary form of Legislative action made
statute declaring that " United States Senators
shall be appointed by the Senate and General As
sembly blouse of Reps) in Joint meeting assem-
bled y but this statute does not prescribe any rules
for the government of this joint meeting, nor de-
clare the manner Of election.
The Facts.-The practice in New Jersey has
been for the two branches of The legislature in
joint meeting to adopt rules for proceeding in
elections, and among these rules one has been to
require the votes of a majority Of all the members
present to make any election; and afterwards
another, to require the votes of a majority of all
the members elected 10 both Houses to make an
election. The last was the rule in force when the
joint assembly met in Stockton's case but, 10 Sc
cure his election the joint assembly (not the SEN
ate and House acting independently, in the ordi-
nary mode Of legislation changed this rule so as
to permit plurality of the men,Sers present to
elect. Thereupon Mr.. Stockton re .eived 40 votes
and Al votes were cast against him 81 being the
highest number of votes cast for any one man
against him. Mr.. Stockton claims his seat on the
vote of minority of the electing board, and on
the ground that the joint assembly had a right to
adopt the plurality rule-that is to fix ''fhe man
aer7 of the election in that way.
The Constitution saws the Legislaiiren shall
fix " the manner The Legislature Of New Jer-
sey has by statute, performed part of It's duty
but has not fixed " the Manner The Joint as
setnbly has attempted to do that Was the Joint
assembly " the legislature within the meaning
Of the Constitution? This is the only question
in the case. The answer Of the Committee OF the
Senate Ga majority of them Repubhcans) is, that
Joint assembly Of both Houses is the Legislature
for the purpose of electing Senator We think
this is not an answer to the question It does not
tell us that joint assembly is the Legislature for
the purpose of regulating "he manner ofthe
electioai.n The Constitution requires Legisla-
ture for that purpose. We grant that the election
might have been made in joint assembly, and even
by a plurality vote, if " the Legislature had 50
provided, What sort of Legislature, then, is
intended by the Constitution There are no pit
falls, traps, in the Constitution. When it
gives power to the Legislature OF state, we do
not suppose it means too Legislatures at the same
time, nor one Legislature acting legisiatiueiy in
an unusual way, not prescribed by any authority,
national or state. IL is best to assume that, for
Legislative purposes, the Constitution means leg
slature acting in the ordinary Legislative way.
The regulation of the manner of the election of
Senator (when Congress has not regulated it, is
Legislature act, just as much as would be an act
Of Congress for the same purpose, or of a legsla-
ure giving the assent Of a state to cession of land
to the U. Scr to a division Of a state into two
states,-o to an amendment ofthe Constitution
or regulating the appointment of electors Of Pres
ident and Vice President-or, lastly, prescribing
the times places, and manner Of holding elections
for Representatives to Congress All these things
are committed to " the Legislature" by the Con-
stitution Now look again at the Constitution,
and note the fact that the same Legislature, which
is to regulate the election Of Senators, is also to
regulate the election Of Representatives in Con-
gress. Does any body think that can be done in
'oiat assembly, by mere resolution, and without a
statute in due Legislative form? Or to apply
another test suppose that in 1853, when our Leg
islature was in joint assembly trying unsuccess-
fully to elect Senator, the Joint assembly had
adopted a rule, in defiance OF our statute TO elect
by plurality; could the JOINT assembly repeal or
annul the Legislative statute Would the Joint
assembly stand, as legislature within the
meaning Of the Constitution of the United States.
against the Legislature itseli2 Certainly no body
ever thought so before this question arose. We
do not think 50 now. We do not believe the Con
stitution means that We cannot admit that the
regulation OF the election of Senators is Of less
gravity than bill to preserve fish or enoour-
age the destruction Of yermin. To enact such. the
consent of coordinate bodies, acting independent
ly is required in every state in every state such
bodies so acting, constitute " the Legislature "
We have no doubt that is 1.-THE I.egislaturen of
the Constitution and therefore we are of opinion
that Mr.. Stockton is not consltutionAy Sens-
tor OF the United States.
True it is that New Jersey has elected other
Senators ineyer by a minority thought under the
rules of a Joint assembly, and no question was
raised. Now the question Is raised, for the first
tuur and uutlpr tnsfan..as A.. 49,.