Mr. TenEyck, m predecessor, to e reelected in any other way but by the plurality rule; and he and his friends originated the idea, and upon the major vote adopting the rule 8 or 10 Republicans vote (pluforar litiyt. You will find that that rule was adopted by a majority of one. When they saw some of those 9 Democrats fallin in, they.got up and withdrew their votes in Ihvor of the plu rality rule; but it was a movement of the gentlemen opposed to my election. No one doubted at the time that it was a legal election. The protest purports to have been signed 5 days afterward; I suppose it is a matter of no importance when it was signed. Ican only say I never heard of it for months afterward; and some of the names upon it were not signed to that paper a month before Congress met. Mr. Pesident, I say that the election was adopted by the body subsilentio after the vote was cast, by every rule of parliamentary law. Why did not they continue the election? They had agreed to go into joint meeting unanimously. For what purpose? The purpose of electing a U.S. Senator. Why did they adjourn? Why did they not go on with the election? There was but one ballot; the declaration was made by the President that John P. Stockton was elected Senator. It was received in silence. They proceeded to other business and then adjourned. Iask whether any Senator can say that those gentlemen did not consider themselves boun by the result? They were bound to it by every rule, both of law and of honor. Mr. President, as I have unexpectedly taken the floor at this time, permit me to say that I am glad that the Senate has at last proceeded to the consideration of this case. Since I have been in washington the position I have occupied has been very unexpected and very unpleasant to me. It is a very unpleasant to have anyone believe that a gentleman wthoiunlgi claim a seat to which he was not clearly entitled. I am satisfied that no gentleman upon this floor can doubt the sincerity of my be ief that my election was as valid as any election that ever took place of a Senator in any State. The opinion oi3 so many distinguished gentlemen of the ComJudiciary would at least support me in that. I had heed when the report of the committee came in that that would be regarded as closing the matter, but it seems not; it seems that it must be further investi ted, and investigated by this body. This ooks to me a little like what we lawyers some times call appealing from the court to the jury on a question of law. Sir, almost on entering the Senate Chamber I heard abeautiful eulo y upon the ComJudiciary from the distinguished Senfrom Wisconsin, [Mr. Dooi.irri.ii.] I was glad and proud to know that such men were my judges, and I was glad and roud to know that 5 out of the 7 members of that committee were my party op ponents. I presented a printed argument; 3 pamplilets have been written and printed on the other side and presented to that committee. They gave the whole subject a most laborious examination and they have made a report which I thought, as I said before, would have been satisfactory to the Senate. But, Mr. President, when I alluded to the (hot that the constitution of NewJerse was muliar in one respect, that it made the egis ire when in jointmeeting the Legislature, I thought some one upon the other side seemed to think that I was mistaken as to that fact. Permit me to refer to the constitution of NewJersey on that point. The 4th article, section one, clause one, provides that “the legislative power shall be vested in a Senate and General Assembly.” Article 4,section one, clause 3: “The 2 Houses shall meet separately on the 2nd Tuesday in January next alter the said day of election.” The constitution also provides for the meeting of the 2 Houses not separately, but in oint meet i“n. Article 7, section 2, cllause two: judges of the court of common pleas shall be appointed by the Senate and General assembly injoint meetin." Clause 3: “The State Treasurer shall e appointed by the Senate and General Assembly in joint meeting.” By article 5, clause 2, in certain cases the Governor shall be chosen “ by the vote of a majority of the members of both Houses in joint meeting.” But the question recurs. when in joint meeting, are the 2 Houses still the slature! “ rticle 4,section 5. clause one, provides that no member of the Senate or General assembly shall, during the time for which he was elected, be nominated or appointed by the governor or by the Legislature, in joint meeting, to any civil office, ” &c. Article 5, clause 12, provides for a vacancy occurring during the recess of the Legislature “in any office which is to be filled by the Governor and Senate, or by the Legislature in joint meeting.” The onrnnl of the constitutional convention of NewJersey shows that the clause cited from article 4,when originally reported by the committee, did not contain the words “ Legislature in joint meeting, ” but simply said “during the time for which he was elected or appointed.” It was amended in the ComWhole by inserting after “appointed” the words “by the Governor and Senate, or by the Legislature.” On motion of