The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-15
ELOQUENT STOCKTON
The Attorney-General Closes
the Great Quo WarrantO
Argument.
SCORES THOMAS N. M'CARTER
Declares the Republicans Brief
Unwarrantably Libels the
Governor.
The Decision of the Court Will be
0beyed Whoever Wins-N0
Speedy Opinion to Be
Expected.
spscfal to the Jsrseu ottu Ne,rs.

TRENTON, March Is, 1S94.-The argument
in the great Senatorial muddle was finished
yesterday by q mastery effort of the At
torney General. 1t had been whispered
about that the attacks made upon him and
the Governor by the Republican counsel
had aroused his Indignation and that he
would reply in a manner which would make
the republicans vince. These rumors tended
to crowd the Supreme Court Chamber more
than ever, and prominent lawyers and offic-
ials crowded the space reserved for the bar
so that one could make his way through it
only with the greatest difficulty.
Mr.. Stockton disappointed many. Al
though his speech was one of his most elo-
quent efforts it was gentlemanly and digni-
fed throughout even in those parts which
refuted what he called the hbels of the re-
publicans.
IMR. s~TocKToN's PENING
The Attorney General began his afternoon
argument by saying
I'm case Of a division of a legislative body,
tina ought to be a unit, that is the legal
organization which has maintained the regu-
lar forms of organization according to the
laws and usageS of the body; or in the alb
sence of these, according to the laws, GUS
toms and usages of similar bodies in like
cases, OF III analogy 10 bQeul. 4u6 new LItlll-
bers, though they be in the majority, must
meet with the old at the time aud place fixed
by law, and proceed regularly with the
organization of the body. They must join
themselves to the existing body, for the
members holding over, though they may be
in the minority. and not sufficiently num-
erouS to constitute a quorum, are yet the
body, which receives the new members,
when the whole body proceeds to the exer-
else of all its functions"
He quoted extensively from McCreary on
elections to prove his position. He then
argued to show that by Article 4, Sector 1,
of the Constitution, the senate is q continu-
Gus body, and said:-
1.-THE continuity of both the Senate of the
United States and the Senate of New Jersey
is created by the mode of election and term
OF the members, and not by the manner of
providing for a temporary presiding officer.
This condition as to membership has its
origin in the constitutional provision, and is
neither strengthened nor weakened by the
subsequent action of the Senate itself in pro-
yiding a precautionary method for the selec-
ton of a presiding officer. The Senate of
the United States could not make itself a
continuing body, nor could it diminish the
constitutional provision which made it a
continuing body. The Senate of New Jer-
sey, formed under the same constitutional
theory and formula, was a continuing body
by reason of that constitutional provision,
anu w q " 464 4CSo d. ny WV 1OoOASO "a
any provision by its own membership as TOT
presiding officer, temporary or otherwise"
THE OLD
Under the old Constitution of 1T76, the
Legislative Council, the predecessor OF the
Senate. chose a Vice-President, which cor
responded to the present President of the
Senate, the Governor being the President.
The Constitution of 1874 created an officer
known as the President of the Senate. This
officer was a continuing officer of the Senate,
whether the Senate was In regular or special
session. This provision of a permanent Off
Ger, with great general and continuing pow
ers, seems to be as ample a provision for the
proper and timely organization of the Senate
as does that of the Federal Constitution and
custom.
The Acknowledgement then declared that
the United States Senate itself, by the voice
of its absent members, from the earliest
times, repudiated the notion that there could
be an old and q new Senate, and devoted
some time to proving his assertion by ex-
tracts from the proceedings of that body.
1.-THE continuity of the Senate of New Jer-
sey and of the Senate of the United States,n
he continued, 'does not depend upon the
opinions of any one or even upon the inten-
lions of those who framed them, but it de-
ponds upon the words of the Constitution
which actually created a body, two-thirds of
whom are always In existence and capable Of
any action which may be required; but that
LA1AO q DAO 4 VI LhO l. L oAAlC l. 0LAUC0
in the debates of both conventions. The
same words are used in creating the bodies,
and the same arguments are used and reasons
given for doing So"
q STATE n NATIONAL ALIKE
This was followed by numerous quotations
from the debates in the National and State
Constitutional Conventions to show that the
speakers used almost the same language.
These, he said, makes it a question that does
not admit of dispute, that the Senate of the
United States is a continuous body Will
organized hold-oyer members, and that that
was a construction of the constitutional
clause creating the Senate before the Consti-
tuition of New Jersey was framed; that this
was well known to the learned lawyers who
were engaged in framing that Constitution,
and that the arguments used in the State
Convention were the same as used in the
National Convention.
He did not lay as much stress upon the
clause Of the Constitution which provided
that members could administer the oath to
each other as the Republicans did. He
asked If the Constitution had provided that
that oath should be administered BY the
Chief Justice OF a Judge Of the court, would
that give such judge the authority to de-
termine who of the new member were en-
titled to their seats? Mr.. Stockton then
quoted from the journals Of the Senate from
thai of 1S45 down to and including that Of
1893 to show that of all the Standardized
VIII dlO ~ Z ID ~ AAE ia tA%rAA
seats,n before they were admitted to their
seats, not one was ever selected for PRESIDENT
pro te,npOre, nor ever nominated a Senator
for the temporary presidency; nor ever pre-
sented the credentials of a Standardized. nor
ever performed any recordable act in the
organization.
ARGUMENT FROM INCONVENIENCE.
ut is urged that the rule which requires
the Judgment of the existing body on the re-
turns Of its members is unreasonable; that
members-elect may be deprived Of their seats
and of taking proper part in the ofganiza-
ton by the unjust action of those whom the
Constitution has made the judges. This is
an argument from inconvenience, which
goes q very little distance in the considera-
ton of a constitutional question. The very
existence of the government depends upon
the theory that those in high official position
will perform the duty %enJoined by the Con
stitution, and to the performance OF which
they are obligated. Mr.. Madison advised
the members of the convention which form
ed the Constitution of the United States not
to carry with them to their homes the
objections and Inconvenience which 1t had
been alleged might arise in practice from
clauses of the Constitution adopted, because,
he said. If this were done, the Constitution
would never be ratified. There is an argu-
ment from Inconvenience against almost
avery provision of the Constitution. By
way of example: Who can compel the
States to elect United States Senatorsl and
vet the failure would stop the wheels OF the
Federal Government. Who can compel the
Executive of a State to deliver up fugitiyes