The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-01-31

1
lawyer of brilliant attachments, who is
making his mark 10 bis profession. II
doesn't leave much Of Mr. Stockton. We
give it below
A Trenton Lawyer Pays His Respects tG
the Attorney General.
70 Me Editor Of Tie State Gdsette'
Sir-It is unfortunate that the present
Senatorial muddle should be regarded as
a matter for the decision Of lawyers.
There we're constitutional principles be.
fore there were lawyers, and it needs no
profound legal learning to understand
them. The yeomanry of Lexington and
Concord had as firm grasp of these priD-
ciples as has ever been shown by bench
| of Judges. 1t requires no training as a
scientific engineer to know that water will
not flow up hill, nor any deep mathema-
ticaI insight to see that eleven is larger
number than len. Precedents and auth
critics are OF little use when elementary
questions are involved. The cansns OF
simple logic and common sense are the
only intellectual weapons needed. The
| application of these homely tests 10 the
| learned opinion of Attorney General Stock
| ton will show the hopeless fallacy OF its
conclusions.
1t lisa fact, which will be admitted by
| all. that our Constitution was framed by
the people of New Jersey In order to pro-
vide the means for representative govern
ment by that game people. Any construc-
| ton OF that Constitution which tends to de-
feat the very object Of its creation must
necessarily be false. This is an elemental
ry principle of statutory and constitution
al Interpretation.
Free representative government neces-
sarily involves the untrammeled election
Of repI esentatives by the people. Any
construction of the Const tuition which
will hinder this function Of free govern
ment must necessarily be false, for the
Constitution was designed TO promote this
very thing. Yet the Attorney General
contends that the holdover Senators-crea
lures Of the people under the Constitution
are clothed by the Constitution with the
power to veto an election by the people
hich will change the political complex
ion of the Senate. No Constitution verpro'
vided the means for its own overthrow,
the learned Attorney General to the cen
lrary Notwithstanding. No Constitution
ever did, or ever will, make provision for
| political chaos, 10 the event of death or
disability of the hold-oyer Senators, so
| that no one should be present to pass
upon the credentials Of the newly-elected
Senators. The Attorney Generals argu-
ment leads to this possible result. The
| opposing contention for the power OF
Senators-elect to organize, provides a
Senate for alltime, in spite OF accident,
death or willful refusal OF hold-ovsr Sen
ators to act. The enc view leads to pcs
slble anarchy, the other provides legis-
latiye hiatus. Which must be osnstituti.
| oually The more soundi There can be no
Two opinions on this point.
Ii is also an elementary principle in law
| aud government that every Legislature IS
equal 10 every other Legislature. II the
first Legislature organized under our Con-
stitution had power TO organize on prima
facie credentials it had-ihen the
last 10 meet under that same Constitution
will have the same power. Otherwise
they would not be equal. II is likewise
an elementary proposition that every men,
Der Of the Senate must be equal In power
to every other member. II, however, the
hold-ever Senators may, at their discre.
ton, admit or reject the newly-elected
members, IL they ''are q law unto them
selves" as our Governor says, then the
Senator elected in 1891 or 1892 is, by acct
dent of time, superior 10 power to the Sen
alor elected in 1893, and they are not equal
members of the same body. For the old
member, elected as the new member was
elected, seated as the new member asks
to be seated, assumes TO dictate terms by
virtue of sort of seniority which Is incon-
sistent with equality.
1t is another elementary principle 10
the science Of government, that the ma.
jsrity of every legislative body has an In
herent power to organize. Any ether no.
ton would be subversive OF free govern
ment. Officials whose duty 1t may be to
preside at the organization of the new
body may willfully refuse TO act. But
government will not stop In consequence.
The creature can never be greater then
the creator. A few petty officials cannot
have the constitutional power to balk a
sovereign peoples will constitutionally ex'
pressed.
Another elementary principle OF legal
construction Is that the history and pur-
pose Of constitutional provision will de-
lermiue its scope. The Attorney General
contends that unless the continuous"
Senate may pass upon the credentials Of
| the new members who present themselves,
| the power 10 judge Of the qualification
and elections Of its members becomes an
| absutdity. This argument assumes that
this power Of judging OF the election and
| qualification OF It's own members was
given to each house to keep unqualified
members out. Every student OF history
knows that this Is not the fact. The pro
vision OF our constitution comes 10 us
from the established rights Of the English
House OF Commons, aud il was then as
serted rs the exclusive right OF tho House
against tho Courts Of tho King, who
sought to purge the House OF qualified
members obnoxious to the Crown. II
was right designed not TO keep members
out, but TO keep members In. II was
aimed primarily not at fraud in elections,
but at Executive interference. Viewed ir
the light Of its historical Connection, this
clause of our Constitution ceases 10 have
any Significance whatever, excepting as 1
declaration that when members right Il
his seat shall be contested, NO othe
branch of government shall have the pow
or to decide. The Attorney Generals in
ference from this clause is absolutel,
without historical or logical warrant. o
similar nature Is the conclusion from th,
existence of three classes OF Senators, a
to the Senate being q Continuous" body
Here il is again assumed that the purpos
was to fern a permanent Senate. Tn,
veriest tyro in constitutional history
knows that the purpsse-the sole purpos,
was TO have conservative Legislative
chamber, composed in part OF experience
ed legislators, and partially removed from
the influences OF passing clsmor. Their
is positively no force In this argument.
Tested, therefore, by the plainest com
mon sense, as applied to the most eemen
tary principles OF government, it will b
found that Attorney General Stockton
opinion maintains tina, tho Constitution
has conferred power upon few hold.ove
Senators 10 subvert its very purpose,
conclusion too absurd for serious consid