The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1866-04-18
The stockton Case.

hun L. l. Olulil ndS TcpllGu W tlle
structures Of several Vermont papers on his
vote in the Stockton cnse. We fail to
see any ground for criticism on the part
Of Vermont papers or any occasion for
explanation on the part Of Senator Poland.
, Whatever may have been his political
bias he could not conscicnciously have al
lowed himself to he influenced by such a
bias in the decision of a purely judicial
question. Ills reply is as follows:
WASHINGTON, April 5.
lloN. Z. p WALroN,-
Dear Sir: On my return here last night
| found your paper of the 30th ult, con
tanning an article on the Stockton case,
and crticlsing my course in relation to it.
| very fully acknowledge the right of the
public press TO review the action of men
holding public position, and TO condemn
whatever they disapprove, and believe
have not in amy instance attempted any ex-
PLANTATION of any act ofmine which has thus
been questioned | would not in the
present case, except for one sentence in
your article. You say: "Now we have
to add that Senator Poland sustained Mr..
Stockton, while senator Foot is IN a sick
led, and Vermont is wholly on the side
Of Mr. Stockton. This incident will
give peculiar interest to the question in
Vermont, and it the facts warrant the
conclusion that there il a reasonable doubt
against Mr.. Stockton's right, tho vote Of
Senator Poland will be much regretted
and justly condemned"
You do not say directly Mr.. Foot would
have voted against Mr. Stockton, if he
had been able to be present, but such,
think, is the clear implication.
30 tar as have means of knowing,
Mr. Fool, if present, would have voted rs
1 nd. fer the case had been very
carefully examined 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 COM
mlttee was correct in point of law, and
could not be cOntrovercd. While the
case was discussed in the Senate, and after
it was known the vote would be very close,
and some political 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 e1ualize the loss of Mr.. Foors
vote. l Immediately went TO sec Mr..
Foot, and told him what had been said TO
me; and further, that if he had decided
to vote against Mr.. Stockton,s right to a
seat, | would withhold my vote. Mr..
Foot replied that he had come to no such
conclusion, and said to me that if he had
examined the case, and felt satisfied that
Mr.. Stockton was legally elected, it was
my duty to vote so, without regard to
him. | have no doubt but that if Mr..
Foot had been in the Senate, Vermont
would have given one moro vote for
Stockton.
Whether Mr.. Stockton was legal;
elected or not, was purely legal question,
and could not properly be affected by his
politics; the same state oil facts which
would legally elect a Democrat, or n
copperhead. In your article it seems TO
be assumed that in the performance 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 Repub-
lican strength i'll the Senate, but do not
suppose that l was at liberty to vote
against a man | thought legally elected
because he was not a Republican, nor do
| believe any Republican in Vermont
would desire to have me. | do not pro
pose to enter into any argument to prove
that my opinion or my vote was correct !;
but | did believe, and do now, that when
an election was devolved upon particu-
lar body of men, and no express law ex-
listed us TO the manner in which they
should express their choice, that by the
general rule Of parliamentary law any
manner, which the majority agreed upon,
and which should tend to bring out the
personal choice and judgment Of the elect
ors, was valid. But if / was wrong in
my Judgment it is some consolation that
my error was participated in by such
radical Republicans and learned jnri-ts rs
Judge Trumbull Of Illinois, Judge Harris
of New York, Nice-President Foster, of
Connecticut, and Henderson of Missouri,
Very truly yours
l.. u. POLAND