New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-24

and continued 1t being admitted that the Legislature
named in the Constitution Of the United States Is the
General Assembly Of both bodies and that that Joint as
semby when met has authority to elect IL matters NOT
in that body whether the successful candidate ed
single vote Of one Of the bodies If he obtains votes
enough from the other be is legally elected For in
stance in the State of NewJersey they have General
Assembly as 1t is called Of sixty members of the House
and twentyone Of the Senate Nobody win question
that when met together for the purpose Of eecting
United States Senator if forty-one of the members of
the House of Representatives had voted for parcu-
lar candidate. and every Senator and the balance of
the House of Representatives had voted against him.
he would have been elected So that the two bodies
merged into one when they meet, then this mode Of
election c..3.. 40 proper oiv uy the jvnt convention.
Mr.. Trumbull then referred to the legal authority
given the joint convention to prescribe its own rules
1t had done so from time immemoria; IL had been so
raity rule Most OF the mem5ers OF the other
House were thus chosen by a plurality vote. The
common law Of England was that all elections
in which the elections were not restricted to certain
number Of candidates, plurality vote elected.
Mr. SUMNER said there two kinds OF elections In
England. In popular elections plurality vote elected;
but in corporations elections by corporate bodies,
required n majority
Mr. YATES desired to ask Mr.. Trumbull question:
he desired to know whether there was an instance In
which person who had net received a majority Of
votes had been declared Senator.
Mr. TRUMBuLL said he did not know.
Mr. YATES asked whether il proposition for the elec
ton of Senators we're pending in the Illinois Legisa-
it would be right TO receive Senator In this body
who had not received majority Of the votes He would
asserted that majority Of the NewJersey Legislature,
which A. was sufficient to conduct an election for
Senators, and that majority OF a, which Is 81 would
therefore, be sufficient to elect lie (Mr Yates) would
admit this, but his colleague (Mr. TrumbulD had takcn
the ground that if there seveDl candidates. and
the vote distributed as to give the highest can
didae but five votes the candidate receiving five votes
would be duly elected
Mr. TRUMBULL said his colleague had selected an
IRENE case.
Mr. YATES said he concluded that this was Govern.
ment of msjorities and that majorties alone could
elect.
Mr.. TRuMprIL asked his colleague If he did not
that every member OF the other House Is elected
by plurality The candidate receiving the highest
number Of votes Is elected.
Mr. YATES said he admitted the right of plurality
to elect where it was so provided BY law
Mr. TRUMBULL said that in admitting that mnch
his colleague had answered his own question The rule
Of the Convention was a law.
At the conclusion of Mr.. Trumbups remarks, NJ
SUMNER spoke OF the necessity OF majority vote to
make valid election, and quoted precedents from
ancient and modern history TO establish his position.
The question taken at the conclusion OF Nr.
Summers remarks on Mr.. Clark's amendment to III
sert the word IN two places In the resolution re-
ported by the Judiciary Committee go as to make it
read:
entitled bis Senator from the State Of New
Jersey the Of Elk years from the 4h Of March, 1865
The Yeas and NAYS were demanded by Mr.. Hen
bricks on the adoption OF the amendment and the
amendment was disagreed to. Yeas 49, Nays 81, az
follows:
Cre.swe, Fessenden Grimes Howe KrkwOod Lane Ind),
Nye Pomeroy, Ramsey Sherman sprague, SUMNER "sae'
NAYs-Messr. Anthony Bneislew Cowsn, Davis, Foster.
Guhs hs Henderson, HeIaIc JohniSp nsnf ss k.
Salisbury, Stewart, TiaInbul wiiey12l.
| ABSENT, not vcting-Messrs Dixon Doohtte, Root
Howard Morrill, Stockton, Van wn1ie Williams wilson,
Mr.. STEWART stated that Mr. Doolittle had paired
with Mr.. Williams and Mr. Van Wrinkle had paired
with Mr.. Howard.
The announcement OF so close vote created great
excitement on the floor and in the galleries.
Mr.. SUMNER uttered in audible voice where Is
Wilson, Send for Wilson" &C., and there was much
confusion on both sides Of the chamber. 3
The CHAR announced the vote, and said the amend
ens MSs n a. rsoOred bV the Committee
The vote was then taken on the resolution given
above without the word mot" proposed by Nj.
Guthrie F.i1:, Hs%Sasi: Tsnds5;sn Johnson; Lane
Riddle Rides salisbury, Stewart TrumbuT wiIey-aL
esaP ao~. f .:ae a
Nye, Pomeroy Ramsey Sherman, spasue, sumner wade
Wilson and ietes-2o
Before the above vote was announced the CONFUSION
Mr. SUMNER called loudly on Mr. Morrill, to vote, and
Mr. Morrill, recorded bis vote in the negative
Mr. STOCKTON then rose, and said he had held In his
hand dispatch from his colleague MI Wright stating
that he (WrighD had paired with Mr.. MoHl, and that
he would not have gone home be had notbeen able to
c co se 70 him socEton and told him that he would
compelled this question, aud asked him 10 no
tify Mr. Wright to that effect: He had notined MI.
Wright but il was too late for him TO arrive hereto
vote Believing Mr. Morrill, TO have violated the agree.
ment between him (MorrilD and his colleague he would
ask the Clerk to call his (Stockton's> name.
| Mr. Stocktons name was called Od he voted IN thd
Affirmative This left the vote - Yeas against 81 Nays
SEVERAL SENAroRs-You can't vote In your own
case. - ,h. =.
MI MoRRrLL rose TO make an explanation. he re.
marked that what Mr. Stockton had said was suostan
liz tvaa n had Dar0d on with Mr..
Stockton that he would feel CONTAINED to vote on TINS
question and he then suggested to Mr.. STOCKTON TO
notify Mr. Wright OF this fact oucn ienetn ~ aS
had elapsed since he pared tha DO dia no' iee' oo
The remark was again made in an undertone BY sew
eral Senator's "A man can't vote ior himself III suon
case" A., u:.
Mr. SUMNER among others was heard in the galleries
10 saw very excitedly 1t is part OF the law OF nations
that man shall not vote IN his own case. ro,.. ,o-
him being new member, to inquire whether MEMBER
is entitled to vote his own case. as had Just been
Mr. FOSTER in the Chair said that there was no rne
on the subject Mr. Stocktons name was upon the
roll and until the Senate decided to remove II must 10
called with other names 40, ...,
of the resolution declaring that Mr. Stockton was duly
elected and is entitled to his seat. to be, Yeas *;
Nays, 2l,
Mr. CREsswELL moved that when the Senate ad'
ourn IL adjourn TO meet on Monday next. Adopted.
The Senate then adjourned till Monday.
HOUSE OF REPRESENTATIVES,
KANSAS AND EEOsHO VALLEY ROAD.
Mr.. PRICE, from the Pacific Railroad Com
mittee reported back bill to aid In the construction
OF the Kansas and Neosho Valley Railroad connecting
tho Great Lake, Iowa, Missouri and kansas win
Texas and the Gulf Of Mexico; which was ordered 70
be printed and recommitted.
HARBOR IMPROVEMENT.