The PRESIDENT protemore. It will be read if there be no objection. The Secrets read the followmg report submitted by Mr. Taunsuni. on the 30th of January: The ComJudiciary to whom werere ferred the credentials of John P. Stockton. claiming to have beenelected a Senfrom the state of ncw Jcrse for 6 years from the 4th day of March. 1865. together with the retest of certain membersof the Legislature of sai State against the validity of his election, submit the followieidg report: The only question invol v in the decision of Mr. Stocktpnsright to a seatis whether an election, by a plurality of votes of the members of the Legislature of NewJersey. in joint meeting;assembled.in pursuance of a rule adopted by the joint meeting itself, is valid. The protestantsinsist that it is not, and they deny Mr. Stocktonsright. to a seat, because as they say, he was not appointedb a majority of the votes of the joint meeting of the cgislature. The legislative power of the State of NewJersey is vestedby the State constitution in a Senate and General Assembly.which arerequired.for legislative purposes Jomcct separately; but which, for the appointment of various officers, are required to assemple in joint m cctu ig and when so assembledaraby the constitution itself. styled the "Legislature in joint meeting.". The constitution of Ncw Jcrse y does not prescribe the manner of choosing U.S. Senatorgas indeed it could not. the Constitution of the U.S. having vested that power, in the absenceof anylaw of Congress.exclusively in the Lemslature : but it doese constitute the 2 llouse sonebodyfor the purpose of appointing certain State officers. The statute of NewJersey declares that "U.S. Senatorson the part of that State shall be appointed by the Senate and GeneralAssemblyin joint meeting assembled;” but it does not prescribe an rules for the government of the joint meeting.nor cclare the manner of election. The practice in NewJerse has been for the joint meeting to prescribe the ru on for its own government. In 1794 15 rules were adopted.the 1st 2 of which areas follows: “1. That the election of state officers during the presentsession be vice coca, unless when otherwise ordered; and that all officers be put in nomination at“least one day beforetheir election. 2. That the chairrnanshiill not be entitled to vpto except in case of a tie, and then to have a casting vote. The other 13 rules related chiefly to the method of conducting the proceedings. Each joint meetiiiizwhich has since assembledhas adopted its owu rules. usually thoseof the recedingjoint ince tin.soiiic times hoivever.with ditions or exceptions. "n 1851the following additional rule was adopted; Resolved, That no person shall be elected to any ofliec, at any joint meetingduring the presentsession unless there be a majority of all thememberselected personally present, and agrccing thereto." In 1855thojoint meeting.alter adopting the 15 rules of the preceding joint meeting.added the followmg: “That all candidates for office, upon receiving a majority of the votese ast by thisjoint meeting shall be declared duly clected." Thojointmcoting 0t 186ladopted the rules of the precedin goint meeting for its own government. among which were the following: “1. hat the election of State officersduring the prssentise ssionbe owno00:, unless when otherwise or ere. “ 15.That in all questionsthepbnirmiine f the joint meeting be called upon to vote in his turn. as one of the representatives in the Senate pr Assembly, but that he have no castingvote ase hairman. “16. That all candidatesfor office, upon receivinga majority of the votese ast by thisjoint meeting, shall be declared to be duly elected." The same rulgs were adoptedby eachjomtmoctin: from1861to 186.). The joint meeting which assembledFebruary 15, 1865a.nd at an adjourned sessionof which Mr. Stock ton was up inted Senator adopted. at its 1st meeting. the rules of the precedingjpiut meeting. exccpt the 16th rule. in lieu of which the following was adopted: Provided, That no cand.idate shall be declared electedunlessupon receiving a majority of the votes of all the memberselectedto both House sof the legislature.” After having appointed various oifiiflrs under the rules which had been adopted at the assemblin of the joint meeting, the followmiz rule was iulopt: "Item/veil. That the vote tor county judges and commissionerse ldeeds be taken by acelaiuation and that the counties in which vacanciese Xist be called in alphabetical order.”. Acting under this rule. quite a number of officera were appointed by acclniiintion, Not completing its business, the joint meeting adjourned lroni time to time till March 15, when the following rule was ad“o ited: leached, That the resolution that no carididata shall be declared elected unless upon receiving a miiorityof the votesof all the members elected to bet Houses oftho legislature be rese inded and that any candidate receiving a pluralit of votesof the memberspresentshall bedeclared uly elected." llvery mom or of both Houses, cightyoncin all, was present and voting when the novo resolution was passed and it was carried by a vote of 41in the nflirmative, ofwhom 11 weresenatorsand 30 representatives.to 4Qin the negative. of whom ton wero senatorsand 30 representatives. The joint meetin then proccode to the election of a U.S. Senator Withthe following result: Hon. John I. Stockton 40 votes; lion. J. 0. TenEyck 37 votes: J. W. Wall 1 vote: P. I ). Vroom 1 vote; F. T. Frolinghnysen 1 vote: 11. S. Little 1 vote. Whereupon John P. Stockton. having received a plurality of all the votese ast. Was declared duly elected. The joint meeting then proceededto the cloction of various other oficers. having completedwhich it rose. The credentials of Mr. Stockton areunder the cat sealof State.signed by the Governor and in duo o rm. No objection appears to ban; beenmade at the time to the election. Its Valllllg is now called inquestion by a protest. Dated March.1865 and signed v 8 senators and 30 members of the General Assembly. The Constitution of the U.S. declares that the Senate of the U.S. n!"shall be composedof 2 Senatorsfrom each State, chosenby the egisluture thereof, " and that “ the times. Places and manner of holding clectiop for Sens&Reps shall be prescribed in each State by the Legislature thereof." but Congress mayat any time by law make or alter such regulations, except as to the placesof choosing Senators. T a right to choose U.S. Senators m a oint meeting of the 2 House: which composethe legislature of a State has beentoo long and too frequontly exercised to be now brought in question. his has been the manner of election in somoStates fzolln the beginning and is now the manner in most of t iem. For the purpose of chooeing U.S. Senators the joint meetingof the 2 Houses is regardedas the Legislature. macs cclally would. this be so m NewJerse. where 9 out mcctin is, by the constitution of the State denominated a em atnrc. It has uniformly beenholdtlut when the 2 branches of ii Legislature meet in joint convention to elect a U.S. Senator they are merged into one and act asone body. so that an election may be effected against the entire vote of the membersof one House i the person voted for receive the requisite number of votes from the members of the ot cr. It. being. then. settled that the 2 Housesof a Legislature in joint meeting assembled constitute the legislature. vested by the Constitution of the U.S. with aathqnty. acting as Ionobody. to elect a Senator. the question1:.did the joint meetingof the Senate and neral Assembly of NewJenfoy. duly convened in pursuance of a resolution previously concurred in by each House separately chooseJchu P. Stockton Uniled States Senator? That it was competent for a.pluralit to elect. if a law to that effect had been prescribed y competent authority. will hardly be Questioned. This is the rule very generally. if not universally. adopted in the election of membersof the HoRep. who are " chosenevery2ndyear by the people of the several States “ and no one questions the validity of the election of a Retrcsentative by a plu rality vote when the lay out crime a plurality to elect. It is. however.insmted.audtruly. that no law of NewJersey authorizes apluralit to elect. The laws of NewJersey are silent on this subject. but. they do authorize a joint iueetin of the 2 Houses of the Legislature to appomt a Senator and it has been the uniform praetieeof thisjomt meetin since the foundation of the government to prese ric the rules for its own government. These rules asto the number of votes necessaryto elieetan election have varied at different times sometimes requiring a majority of all the members elected to both Houses of the legislaturc. sometimes a majority only of those present and in the case under consi cration only a plurality. Suppose. under the rule 1st stated.but 79 members had been Eresent in the joint meeting and 40 had voted for t a same person would he have been elected? and if not. why not? 79 out of 81 would have constituted a quorum and 40would have been a majority of those resent. The only reason why such a vote would not 2 madean electionnwpuld be the ensteucc of the rule adopted by the mat meeting. declaring that “no candidate should be elected unlessreceiving a majority of the votesof all th members elected to both houses of the legislature.” While that rule was in force.no presiding oflleer Would have thought of declaring a can didate elected. nor would any candidate have supposed himself elected.becausehereceiveda majority of the votes cast. unlesssuch majority was am only of all the memberselectedto the Legislature. nder the other rule. “that a person receiving a majority of the votes of those present should a declared elected." who would don t the validit of an election by 81 out of 60votes if only so many beencast? I tho joint moeting had the right to prescribe, at one time. that it should require a majority of all elected to the Legislature to e ect. at another time that a minority of those present might. clec and at still another tiinc that. elections might be adby accla lnation. it had the right to prescribe that a plurality should elect; and when any candidate received a gluralityhc thereupon became elected. not simply y the Will of those whovoted for him. but by the will of the leint meetin. which had previously. by a majority vote. resolve that such plurality should elect. It might be urged in this case.with much plausibility. that inasmuch as the constitution of NewJersey recognizes the 2 Houses in joint meeting as a Legislature. that such joint. meeting was the very body on whom the Constitution of the U.S. had conferred the power to prescribe " the times. places and manner of holding elections for Senatorsf but your committes prefer placin the an thontf of the joint meeting to prescribe the lural i ru O on thy broader ground. that in the a sauce O guy law either of Congrem or the subject. ajomt meetingof the 2 Housesof n.Legislature. duly assembledand vestedwith authority to elect a U.S. Senator, has a rightto prescribe that a plurality may elect.on the principle that the ptionof such a rule by a majority vote in the 1st instance makes the aotsubsequentlydone in par suanceof such majority vote its own. The committee recommend for adoption the following resolution: Rqoloed. lhat John P. Stockton was duly elected and is entitled to his seat. as a Senfrom the State of NewJersey. for the term of 6 years from the lib day of March. 1865.