Mr. CLARK. I ask that the memorial of members of the Senate and House of Assembly of the State of NewJersefl protestinv against the admission of Hon. Jo n P. Stockton to a seat in the U.S. Senate as a Senfrom that State may be read, if there be no objection Secretary read it, as follows: Tarxros. New.liciism. March 20.1865. of the Senate of the U.S. The cubmribers. membersof the Senate and House of Assembly of the State of NewJersey. respect! repfhreas10tht;e protestaga inst the adm issionto theSea ato of the U.S. ” Senfrom NewJ(may. of Hon.J 0hn P. Stockton.on the ground that ho was not appouited thereto by a majority of the votesof the joint meeting of the Legislature. he was declared olceted utter the following vote: For John P. Stockton 40votes: John C. Top Eyck 87votes: Jamcsw. Wall 1 vote; Peter D. V room 1 veg; F. T. Prelinghuysen 1 vote; Henry S. Little 1 10. State on the So that onlyltlvotes were castin his favor. while 41votes weregiven against.his election. Immediately previous to the election the joint meeting, by amajority of one vote. rese indeda resolution KHWlOlllly adopted.declaring that a majority of all t a membersof the Lggislature were required to electany officer and pass a resolution that only a plurality should be necessary to a choice. Hence Mr. Stockton. on the vote abovegiven. was declar elected Senator. That resolution. it is respectfully submitted.was unlawful. The Constitution of the U.S. the laws of.Now Jersey and usage hitherto uninterrupted. require that no oneshall represent a State in the U.S. Senate unless he beehoson by its Legislature." which means we submit. at least a majority of what constituted the Legislature usboonvonedat the moment of the election. These words. contained in the Constitution of the U.S. article 1.section 3. really control the whole matter. Should a Legislature makea different rule. it would be ine perative much more. if such rule were no State law. but a simple resolu on. This being so. we submit that. in order that any particular person may be rightly spoken of as “ chosen" Senator his name should have been designated assuch by with members of the Legislature present in joint meeting or by a minority o t them. t is so iu roference to all bodiesof individuals. public or private. Partnerships rule by majoriti; so do boards of trustees. Common councilmcu. the legislature it self.in passinglaws. The rule is universal whenever the creating power does not othqrwise specify. There can O no reasonfor a different rule in relation to this matter than that of the law as to corpo ntlons aggregate. The will of such corporations is that, of all of the membersor of a minority of them. The rule is founded on the law of nature and it is settled that in such corporationswhere the principle of election is not specifiedin the charter. it requirea a majority of the corporators;in elections of civil ofliecrs. it is sometimesotherwise; but that is in consequenceof positive law. made by reasonof the dif ficulties attending the requiSitien of afull majority uplona opular vote and the same law of nature which ceides that. a magoritypf acollective body shall express its will. decides.likewise, that half or lessthan half shall not. That a majority agree that a minority may choose the Senator is nothing. The notrequired is the concurrencoof the mind of the body in the choice. i. 0. the designationof a particular individual asSenator. The concurrenceof a minority leaves the maiority nonconcurrent whethertheyformally dissent or not and the man named is not the choiceof the majority. which the Constitution 5 he shall be when it do clares that hoshallbe “0 each by the Legislature." While this “the law. even should the legislature make a contraryone. the next point we urge is that the Legislature have by law required the samething. The Constitution of the U.S. provides (article 1. sectionfour) that “the times. places and manner of holding electionsfor Sens&Reps shall be prescribedin cachState by the Legislature thereof. Under this authority the Legislature of NewJersey have passedlawsin relation to the Sens&Reps. In the HoRep they have provided that the person haying the greatestnumber of votes shall be elected. In the caseof Senators. that they “ shall be appointed by the Senate and Gengilaeassembly of this State in joint meeting assem e. They do not here declare that the person having the greatest number of votes simply shall be sent. They used words which imply the concurrence of the body. created from the Sunnis and Assembly in the designation.aconcarrencewhiclican only be through unanimity or the vote of amaiority. This difference is not unintentional and the word appointed is one used in the ancientconstitution of N c w J crsey.when it regulated the joint mceting. That instrument was adopted July 2. 1776.It provided that the Council and Assemblg jointly. at their 1st meeting yearly should elect ya majority of votes a Governor and that the justices of the supremecourt and other officers “ should be severally appointed by the Council and Asse mbly in manneralbresaid.” the lawalroady quoted was passed under the old constitution and all appointuientsof State otheors by Joint. meeting and o Senators were inade by a membersofjoint meeting present m priority of all the t has from time to time been recnaeted; at what has occurred to changeits meaning? Under the old constitution it meant electionby a majority of all votes. We submit that such isits meaning now. The constitution ofltiili oesnot. in the ruis require that appointments shall be " by amaiority oi vo tes;" it directs that specified officers shall be Iappointed by the Senate and General Assembly in.IOHJl.meeting;” but no changehas ever before taken place or beensuggestedas lawful. in the methodof electing. The uniform usagehas been to require a majorit of all the members of a joint meeting to concur be ore there is any on omtmcut. Severe contests have here tofore ocenrr in oint meetings.numerous ballots have beenhad. an candidates aveowedtheir cloction to the absenceof opponents reducing the number necessary to a majority. It cannot besaid that because the joint meeting is composedof the LCRlS lsture. they can alter or add to the law. The 2 Housestogethercannot inako a law. It requiressep arato action and executive approval and the meeting of membersin joint meetingis for a specific purioso and no other to electniliecrs.not make laws. Ihc consequencespossiblefrom admitting the right. to selectby a plurality vote furnish a conclusive argument against it. If twomembersvote for O noperson and every other memberby himself for different individuals. the personhaving 2 voteswould have a plurality. Can it bethat. in such a casehe would be Senator? This is. indeed. an extreme case: but such casestest the propriety of legal doctrine and manydequallyunjust. butlecs extreme.may easily be O cr. Believing. therefore. that Hon. John P. Stockton is not elected Senfrom NewJersey we respect fulkv pray that the Senateof the U.S. may so acids and declare his seat vacant. iliiiiissns or run sansrs. W. W. WARE. alpsPlRilOo) V!ICDoEugnlCt E LUDLAM. ChmJObrSrlEmPidH(bung. L. EEVESI Glame4!” I limity. GEORGE l). HORNER. OceanCounty. IBIBEBS 0? run ASSmmLY. GEORGE M. WRIGHT. Bergen (.rmnl. JAMES ii. SEOVEL, Senntnrfirom (himileiiMIN. 1 B. UCKLE. r firm Immw. Mr. A cMaarc(haums.s. w rdoujisaassm. e1 o " JAhiESIlihe LEAVEB. Eo"io(nbusnt. ii. LANDELL. conc Uounly acres Mr. Inez HARRISON. J. CBo.nJa.n lO.IBISON. Ens: fl LAe.g Misl.atiIv.eVD. isHt.ricDtI.CSKaElSON. WILLIAM CALLAHAN lat Legislative District. Salem(loony. if"“tr!ict, m a ROBERT MORE. 1I! DJinlrict Cumberland o08M”. A ouif F BODNB. me C. C. M5Di8ll0L, A)TllIrL[R"lOPt.onEniml. GARRET VAi WAGOfim, 21!District. Punme (bunny. N. S. ABBOTT. 1I! Diulricl.Glow rulerGrill”. SIMON LAKE. Atlantic County. SAMUEL FISHER. 34 District ilIcrrr 1 County. A. B. CREE, In DRisYtrNicEt. EMRerAc.er( Manly. STAAIS. 3dDish11N4. ounrutlbimly. JACOB BIRDSALL, Ocean(minlil. wILLIAM D. WILSON. 2dDisliilf.Glamrut;(family. HENRY J. TRICK. 4115 District. Harlin!!!” (busty. 3d W. lllglblLlNGSh intrief lll irirflm oiuily. J. w. NICHOLSON. 211District. (himvii (body. I. D. BIA.llVI;IAT. 8d Distriel. Iaxiuc (busily. L. D. JAliRARD. 10cIlislrie! Middle": (bush. 1 It Issiisilirfinent i.urSTine CIoKnTOoN u.nly. TIionas B. iismiiii. Ease: Omniu. E C72. LIGHTHIPE. new u. 2.1HIuOlrIlwNntelAoTrmESlAmg. JOSEHH CROW LL, 2d District. Union (bum.