Mr. CLARK. Or, as is said by the Senfrom Ohio, any other State. I think that is entirely true. I do not know that you can find in the history of debates or in the range of contested elections any case like this, where the 2 branches of the Legislature, in joint assembly, undertook to rescribe a rule or a law that a majority should elect. I then assert the proposition With which I started, that the Legislature of NewJersey being silent on that subject, no competent authority having rescribed the rule, it was necessary that there should be a majority of the votes of that point convention to entitle the Senfrom cw Jersey to hold his seat; and thatI think the records show he did not get. I The General Assembly of the State of NewJersey is composed of 60 members; the Senate is composed of 21 members, making in the aggregate 81members. The Constitution of the U.S. prescribes that Senators shall be chosen by the Legislatures of the States. I am not now going to contend that it is not competent for the Legislature to act in joint convention in electing a Senator. That matter has been too long settled b practice, in my judgment, to be disturbed. hiany of the States elect in that way, and the Senators when so elected have been accorded their seats. It is not necessary for my purpose in this case thatI should take that position. I do not know that] could successfully defend it, if I were to take it. I admit for the purposes of this case that it is competent for the Legislature of NewJersey to prescribe by a law as it did, that the Senators 0min State should be appointed by a joint meeting; but the Legislature when it had gone thus far was entirely silent. It did not say whether that appointment was to be by a majority or by a plurality; and I maintain the proposition that in that silence, the Legislature saying nothing on the subject, the 2 Houses in the properway saying nothing by law on that subject, it was necessary that there should be a majority of the votes to elect the Senator. That is the 1stproposition that I maintain. I then hold to the proposition that there being no such action by the Legislature, acting in its regular organized way, it was not competent for the 2 Houses in a joint meeting, acting together, to enacta law or prescribe such a rule. The Constitution saysithat the time, the place, and the manner of electing Sens&Reps shall be determined by the Legislature. Now, so far as the time, the place, and the election in a joint meeting was concerned, the Legislature of NewJersey had prescribed the manner, but they were entirely silent upon the subject of the number necessary to constitute an election.