Twenty Years of Congress, Volume 2: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860Blaine, James Gillespie
History
Twenty Years of Congress, Volume 2: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860
Blaine, James Gillespie
United States -- History; United States -- History -- 1865-1898
make any provision that it pleases, but it must be done by the
Legislature. It must be the legislative body which gives the power
that is to settle the mode of action. Now what are the facts in this
case? There was no provision whatever made by the Legislature of the
State of New Jersey as to the mode in which the senator should be
chosen. The legislative action which authorized the convention was
perfectly silent upon that subject. What then had the Legislature the
right to conclude? Was it not this, and this only?--that when it
authorized a body other than itself, though constituted of the same
members, a convention to choose a senator, that body must proceed in
the choice of a senator according to the universally received
Parliamentary and common law upon the subject of elections. But this
convention in New Jersey, without any legislative act, without any
such authority conferred upon it, without any thing done on the subject
by the Legislature which formed the body, undertook to say that they
would change the received and acknowledged Parliamentary and common law
in their mode of proceedings, and instead of acting according to that
law, as the Legislature must have intended that it should do, would
elect in a totally different manner from that prescribed by law,
namely, by a plurality vote, for which they had no legislative sanction
and for which there was no authority but their own will."
There was a long debate on the question, but the argument submitted
by Mr. Fessenden was never refuted by his opponents, and it was
practically repeated by every one who concurred in his general views.
Mr. Stockton made an able presentation of his own case, perhaps
better than any made for him, but he was never able to evade the point
of Mr. Fessenden's argument, or even to dull it. The case came to a
vote on the 23d of March, the first test coming upon an amendment to
the committee's report, which declared Mr. Stockton "not entitled to
a seat." This amendment was defeated--_yeas_ 19, _nays_ 21. The
vote was then taken on the direct question of declaring him entitled
to his seat. At the conclusion of the roll-call the _yeas_ were 21,
the _nays_ 20, when Mr. Morrill of Maine rose and asked to have his
name called. He voted in the negative and produced a tie. Thereupon
Mr. Stockton rose and asked to vote. No objection being interposed
his vote was received. The result was then announced 22 _yeas_ to 21
_nays_, thereby confirming Mr. Stockton in his seat. Mr. Stockton,
disclaiming any intention to reflect upon Mr. Morrill, intimated that
he was under the obligation of a pair with Mr. William Wright (the
absent colleague of Mr. Stockton) and therefore should not have voted.
The two had undoubtedly been _paired_, but Mr. Morrill considered that
the time had expired and acted accordingly. He was not only a
gentleman of scrupulous integrity, but in this particular case he had
taken counsel with his colleague, Mr. Fessenden, and with Mr. Sumner,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account