Mr. JOHN SON. Mr. President, having concurred in the report of the ComJudiciary on the question now before the Senate, having done so without any doubt that the conclusion to which the committee came was correct, I think it in duty to state very brieflytho reasons which le me to that opinion. The conclusion of the report, as the Senate will have seen, places the validity of the election on the ground that it was in pursuance of a rule established by the joint meeting by which the election was held. The report, however, also says that it might be reste upon the fact that by the constitution of NewJersey the Legislature of the State when in joint meeting was considered as the Legislature of NewJer sey; that is to say, the joint meeting composed of the members of both Houses was to be considered as the Legislature of NewJersey. Now, a word upon the 1st point before I proceed to examine the 2nd. I The honorable member from Maine is right in saying that under the Constitution of the U.S., in the clause relating to the subject, (the 3rd clause of the 1st article) the Legislatures of the States are to choose Senators; and added that the authority of the Legislatures of the States to choose Senators is one which can neither be enlarged nor modified by on State constitution. He says, and says correct y, that the Constitution assumes as e propera eney by which the election of U.S. ena tors is to be effected, the Legislature of the State; but we all know that e Constitution of the U.S. does not say, does not pretend to say, how the Legislature of a State shall be organized. What is the Legislature of a State? It leaves that to be settled by their own constitution and their own laws; over that the Constitution of the U.S. gives to no Dept of this Government the slightestjurisdiction; it on the contrary assumes that its own continuance in existence is to be effected, as far as the election of Senator is concerned, by a body to be found in the States vested with legislative power. What legislative power it is to have, how extensive it is to be, or how restricted it is to be, how it is to be chosen, flie Constitution is entirely silent, and was necessarily silent about, the sole iurpose being to bring into existence a General government to exercise certain delegated powers. It left to the people of each State to establish for itself its own constitution, and in that constitution to say what Dept of its government should be vested with legislative authority. It does not provide, and could not have provided, (for if it had, it would not have been adopted by the people) that the Legislature of a State is to consist of 2 bodies. The Senate, who are familiar with the proceedings of the Convention itself by which the Constitution was adopted, and who are familiar with the proceedings of the conventions by which the early constitutions of the States were adopted, are not to be told that it was a matter of serious doubt with the men of that day whether there should not be but one body instead of 2 bodies to whom the legislative Dept of the Government was to be devolved. What I mean to say is that there is nothing in the Constitution of the U.S. which rescribes to the States the manner in which t icy shall elect their Legislature, or the powers which they shall devolve upon the legislaures so chosen.