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

this BODY His vote has always been recorded and
when has he ceased to be a member of this BODY
Never. And being amember Of tho body what is there
prevent his casting his vote when question Affect
ing he believes the rights Of his own state as nnch
any question which has been presented before US
during the period that he has bonored us by his pres
ence Mr. johnson said he would not repeat the causes
that led Mr. Stocktons voting Friday. Ihey were
explained that time, and he thought they more than
justified bis vote.
ton is presented In the shape in which II is now before
us. In the consideration Of the right 10 seat OF the
Senator from New.Jersey. had regarded IT, and the
committee 10 which il was referred regarded 1t as
judicial question. He endeavored 10 regsrd 1t purely in
that light. II question OF law whether the Sen,
atOr from New-Jersey was entitled TO DIS seat
or not. In tie opinion Of the Committee he was
entitled TO il. That was my opinion; that is
still my opinion think he was clearly entitled to IL
but there difference of opinion in the Senate and
when the vote came to be taken upon that resolution
the name Of the Senator rom New-Iersey was called
and he himself voted Since i have been member OF
this body for the last years there have been number
Of contested The right 10 seat OF several gen
temen sitting here as Senators have been questioned
But it is the first time that any person whose right to
seat been questioned has ever voted since have
been a member, and confess l was very much sur
ursed when the Senator from New.Jersey cast his
vote When he directed bis name to be called, some
gentleman sitting near mel believe the Senator IRON
Nevada asked me privately If be had right TO vote IN
his own case. said TO him certainly not believe
he asked the question OF the presiding officer Of the
Senate who simply replied that his namc was
on the list No more said No decision was made
1t took Senate by surprise. think The vote was
recorded and the result announced The presiding Off
said there rule of the Senate on the subject.
That is true but there some things that needs
no rule TO determine. any member Of the Senate had
risen in his seat and asked his name 10
be called to vote twice, there is no rule
that a member cannot vote twice; but there are
self-evdent propositions among them. one is
that no man can be Judge in his own case. This is
Judicial question. 1t is like individual who is
candidate for office, going Ia the polls and voting Tor
himself when his right 10 vote Is not questioned It Is
not whether the State Of NewJersey is entitled 10
representative but whether a person who claims to
have been elected 10 this body has been elected
or not. IL is a Judicial question, and, In my
Judgment the Senator from NewJeIsey had no
right TO vote. Now, Sir, how is this 70 be
corrected / think II 0ught 10 DO corrected.
The Senator from Massachusetts, proposes to
correct it by csrai1e, o ron he Journal
would be the effect OF THAR The resolution has
passed. Suppose you strike his name from the list
where does the resolution standi Suppose II had been
An act Of Congress instead u resolution OF this body
suppose IL had been bill from che House Of Repre-
sentatyes-and submit that 20 the consideration OF
the Senator from Massachusetts; suppose had been
bill from the House Of Representatives, In The passage
OF which Senator was interested and which lad been
carried by his vote. This occurred last Friday. Mean
time tho bill presented 20 the President OF the
United States, and having received his signature we
were 20 come In Oh The Monday following and move 10
strike from the journal the 81 the interested party
by which the bill was passed-what wOuld become oil
the law Now what would be the condition VI this
resolution believe The Senator from New-Jersey. as
hayo said before. s entitled 20 his seat but do not
believe he Ia entitled 10 hold his seat by his own vote
He would have held his seat without his vote the
vote was tie without the Senator from New-Jersey
That would have le bin In his seat. He having been
sworn iu u wss not necessary that the resolution
should have passed lt would have required an affirm
alive vote TO deny him hls seat
Mr.. NH asked Mr. Irumbuli whether the resolution
affirming Mr.. stocktons night 70 seat must not BE-
affirmed by a majority vote
M. TRI;MsuIL replied that SIR. Stockton was here
without that
Mr. NYr-That is a point We will decide hereafter
| Mr. TRusBuLL-YOu viii have TO get him ont by
vote In conclusion. Mr. Trumbul said that the proper
way 10 arrive at the result aimed at by Mr. sumner.
was 10 move reconsideration Of the vote of FRIDAY
last lie would agree TO make that motion II hr:
Sumner who had voted with the minority, and could
| not DO 90 would withdraw his motion.
Mr. SUMNER said II Mr.. Trumbull would move re-
consideration, he would withdraw his motion.
Nj SHERMAN said the question vaH one OF paTlianen
tary law. Undoubtedly II vote Is given by any per
son whether Senator not. II is the night OF the
Senate al the same time 10 supervise the right OF The
person 10 vote. There was no doubt that II senator
was directly interested In measure before the Senate
lie was excluded by parliamentary rules from voting
AS 10 the question when the correction shall be made
1t plain that could not be made pending the vote
Ii must therefore be made after the vote was recorded
Mr.. sherman favored the notion OF MI. sumner
a. the better mode OF reaching the question before tho
Senate.
Mr.. DAVIS contendcd at length FOR the right Of Mr.
| StOCItOu
move him from his seat as party measure-an attempt
! 10 get n iwothTGs vote on the other iide OF ih'
Chamber
Mr. STOCKTON then took the floor. He said that a
first he had 10 intention oil saying anything on thu
subject to-day But remarks had been made in th'
course Of this debate which made II necessary Tor nm
10 say something in his own behalf First he woult
ask whether he was entitled to vote Inc ihird sec
ton OF the Constitution that the Senate OF I'd,
United States shall be composed Of two Senators from
each State chosen nv the Legislature thereof for al
years and each Senator shall have one vote lie tMr
Stockton had nattered himself that, having passed
through the four terrible years OF this war; that hs
| has been living under q constitutional Government
and that when the Constitution OF the United State,
said thing in 30 many words that all bubbles raised
by parliamentary law would be inapplicabe and would
not control the Judgment OF anybody In the Senate
NewJersey when 1t assembled In the early part OF the
Winter there were a SeDators-ll Republicans and
10 Democrats. At the opening Of the session Repub
can Senator voted for himself for the Office OF Presi
dent OF the Senate, which he has held ever since NJ
onestion was ever raised 10 his right to DO so
iie Mr Stockton) was here by virtue OF his cTeden
tials The Governor of New-Jersey, under the broad
seal Of that State told him lie elected Senator
lie believed that was true. He had examined the SUP
ject thoroughly As TAR as conviction could fasten It
self upon the human mind that conviction had fastened
itself upon his mind. lie presented these credentials
He was sworn in. lie took solemn oath to 40 ~, hi'
case. He had doubt whether he should not have
voted when his name was called In the hrs
instance on the amendment. Gentleman had failed e
mention this fact. that he did not vote on the amend
msnt of Mr.. Clark II was from delioacy that he re
Trained from voting then, not because he did not think
he had a right to vote. 1t might have been very
serious question. IL might have been very difficult
thing for him 10 have freed himself from the response
bty Of voting had his vote been sufficient 10 decide
the vote in that endinent to have allowed dehcacy
10 overcome what was his constitutional duty
Gentlemen have said that this judicial question
and that he (Stockton) had voted IN his own case
Wa that true lie had not thought 30. III he thought
/, was hi. own case he should have come to the
Senate lie should have asked TO take his seat
He never should have presented HIS credentials Some
gentlemen might absorb their representative charac
ter 10 their personal consideration. He never did So