It happened at this time that one Republican Senator, Foot, of Vermont,
and one Democrat, Wright, of New Jersey, were absent by reason of
serious illness. Wright had gone to his home in Newark for treatment,
but, before going, had paired with Morrill, of Maine, on the question of
his colleague's contested election. When the debate was drawing to a
close, severe pressure was put upon Morrill by his radical friends in
the Senate to declare his pair off, and to vote against Stockton. When
the vote was taken, on concurring in the report of the Judiciary
Committee, the yeas were 21 and the nays 20. Stockton himself had not
voted. Twelve of the affirmative votes were Republicans. Before the
result was announced, Senator Morrill, who had withheld his vote, asked
the Secretary to call his name, and then voted in the negative, making a
tie. Then Senator Stockton said that Morrill had been paired with his
colleague on this question, and that Wright had told him before he went
away that he would not go home at all without first obtaining a pair on
this question. Under such circumstances he (Stockton) felt at liberty to
vote in his own behalf. So he directed the Secretary to call his name
and he voted in the affirmative. Morrill admitted that the pair had been
made, but said that when it was made he had not contemplated that it
would run so long (seven weeks), and that he therefore felt at liberty
to vote. He added, with apparent satisfaction, that his vote did not
change the result. This was true, but Stockton's vote did change it to
his own disadvantage.
The result was announced; yeas 22, nays 21. If Stockton had not voted,
the result would have been a tie, and he would have held his seat. His
opponents had exhausted their resources and there was no parliamentary
way of trying the case over again. By casting a vote in his own case he
gave them a weapon with which to renew the fight.
When the Senate reassembled, Sumner moved that the journal be corrected
by striking out Stockton's name from the vote last taken, on the ground
that he had no right to vote in his own case. The subject was thus
brought up again, and the result was a reconsideration of the vote of
the previous day. Trumbull concurred in the view that the question
before the Senate was judicial in its nature and that, therefore,
Stockton could not vote when his own seat was in question.
On the last day of the debate a telegram was received from Senator
Wright requesting a postponement of the vote till the following day,
saying that he would then be in his seat or would not ask further delay.
His request was supported by Reverdy Johnson in a pathetic appeal to the
fraternal feeling and gentlemanly instincts of Senators; but Clark, who
led the opposition, objected strenuously to any postponement, although
two postponements had been previously granted on account of his own
illness.
Public-domain text, read in full here on John Shaqi.
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