The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1866-04-06
The New Jersey Senatorial Quest on.


Less than two weeks ago the Honorable John
P. Stockton, of New Jersey, was ousted of his
seat in the United States Senate, upon the pre-
text that he was not legally elected member o.
that body. Now, there is in all legislative
bodies Judiciary Committee appointed, to
whom all legal questions are referred. This
arises from the fact that this committee is COM
posed of lawyers alone, and the objection to the
election of Mr.. Stockton being legal question,
was Of course submitted to this committee, at
whose head is the Hon. Lyman Trumbull, OF
Illinois. Every member of the committee ex-
cept Mr.. Clark, of New Hampshire, signed the
report made by the chairman, declaring Mr..
Stockton legally and properly elected, under the
laws of the State of New Jersey. The Constitu-
ton declares that two senators from each State
shall be chosen by the Legislature thereof for six
years, and that the time, place and manner OF
holding elections for senators and representatives,
shall be prescribed in each State by the Legisla-
ture thereof; but the right is reserved to Con-
gress, at any time, to alter such regulations,
except as to the place of choosing senator's. Up
to this time, Congress has made no regulation in
regard to the matter, and New Jersey has, as
have all the other States, proceeded from time 10
time to elect their senators in the manner pre-
scribed by their own laws.
The two houses of our Legislature, on the &C.
casion of the election of a United States Senator
State Treasurer, Librarian, &C., go into what is
termed joint convention; the senators and rep
resentaiives meet together and vote per capita
aud so the State of New Jersey has always cho-
sen her Senators but all the States do not so
choose them. There being no mode prescribed
by Congress, each State is left to appoint under
her own regulations, and, as q consequence,
some of the Suites elect their senators by the
concurrent votes Of the two houses, sitting sepa-
rate from each other, in the same way that they
vote upon any matter of legislation.
Congress having refused or neglected To adopt
or alter either Of these modes of eecting senator's
the States are left to make their own regulations,
just as they pass State insolvent laws, in the
absence Of a national bankrupt law. There must
be some mode prescribed for the election of sena-
tors, and if Congress neglects or refuses, as it
has done, to exercise power granted them by
the Constitution, then the control of the whole
matter is left to the States. This being the case
who is to say that the election by plurality
vote is not as valid as an election by majority
ofthe members elected, or present when the vote
is taken2 1t should not be forgotten that in
most of the States and in Congress itself some of
the most important measures of legislation are
passed without the yeas and nays being called
and, in fact, where very few members answer in
the affirmative, and none or a much lesser num-
Der, answer in the negative. In many instances,
bills are passed in this way that do not actually
receive dozen votes, but there are none against
it, or but few. This was the case in our own
State Legislature, up to the adoption of the Con-
stitution Of 1850. But whether the vote be by
joint ballot or not it is the act of the Legislature
OF sovereign State, assembled for a certain pur.
pose pertaining to the affairs of the State. They
constitute her supreme power, and can, there
fore, pass any law, make any rule or regulation
not inconsistent with her own Constitution, and
which does not contravene the Constitution or
laws of the United States.
Under these circumstances New Jersey sent to
Washington her Senators, as legally elected as
any fanatic who voted for the expulsion of Mr..
Stockton. Had the President signed all their
bills of oppression, and acted the tyrant for the
unworthy purpose of keeping their party in
power, the New Jersey case would never have
been before the Senate. Anticipating veto on
the Civil Rights Bill, las it is called the Rad-
Gals found it necessary to get rid of two Demo-
cratic senators, and to them the prospect seemed
cheering indeed. The procedure was quite well
managed. Mr.. Wright, of New Jersey, being in
delicate health, Mr.. Morrill,, of Maine, megnani-
mously and humanity agreed to pair of with him
when the vote came up on the question of Mr..
Stockton's right to seat in the Senate, so that
Mr.. Wright might go home to his family and be
attended by them during his sickness But how
did Mr.. Morrill, fulfil this engagement which he
entered into with an honorable, confiding and
sick man. Mr.. Wright left Washington for his
home in New Jersey, we'll satisfied that the agree
ment entered into with Mr.. Morrill, would be
held sacred but he was mistaken, as the journal
of the Senate abundantly shows The case was
forced up with indecent haste. No time was
allowed senators who were absent to return to
the Capitol. They had votes enough-they
knew their men. The Clerk proceeded with the
call of the roll and Mr.. Morrill, sat by and looked
on. The roll was finished, and the resolution
declaring Mr.. Stocktons election void was lost
by tie vote; but before the vote was announ-
ced, Mr.. MISUNDERSTANDING his positive
agreement with Mr.. Wright not to vote unless
he (Mr. Wright) was present-asked that his
name be called, which was done, and the Maine
Senator voted in the affirmative, and the resolu-
ton was carried BY one vote, against the earnest
opposition of most of the ablest and best men in
the Senate. Mr.. Stewart, Of Nevada, who on
previous occasion had voted for Mr.. Stockton,
was absent at the time the vote was taken, but
entered the chamber Immediately after it was
announced,
History fails to record, in our time, another
such spectacle as this, where men have permitted
party zeal to override their duties to themselves,