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amendment to the committee's report, which declared Mr. Stockton "not entitled to a seat." This amendment was defeated yeas 19, nays 21. The vote was then taken on the direct question of declaring him entitled to his seat. At the conclusion of the roll-call the yeas were 21, the nays 20, when Mr. Morrill of Maine rose and asked to have his name called. He voted in the negative and produced a tie. Thereupon Mr. Stockton rose and asked to vote. No objection being interposed his vote was received. The result was then announced 22 yeas to 21 nays, thereby confirming Mr. Stockton in his seat. Mr. Stockton, disclaiming any intention to reflect upon Mr. Morrill, intimated that he was under the obligation of a pair with Mr. William Wright (the absent colleague of Mr. Stockton) and therefore should not have voted. The two had undoubtedly been paired, but Mr. Morrill considered that the time had expired and acted accordingly. He was not only a gentleman of scrupulous integrity, but in this particular case he had taken counsel with his colleague, Mr. Fessenden, and with Mr. Sumner, safe mentors, and was advised by both that he had a clear right to vote. It cannot be denied however that Mr. Morrill's action created much ill-feeling on the Democratic side of the Senate.

Mr. Stockton's determination to vote must have been taken very hastily, without due reflection on his own part and without the advice of his political associates, who should have promptly counseled him against his unfortunate course. The Parliamentary position of the question, at the moment he committed the blunder of voting, was advantageous to him on the record. The Senate had defeated by a majority of two the declaration that he was not entitled to a seat, and the declaration in his favor, even after Mr. Morrill's negative vote, stood at a tie. Nothing therefore had been done to unseat him, and if he had left it at that point he would still have remained a member by the prima facie admission upon his regular credentials.

These proceedings took place on Friday and the Senate adjourned until Monday. Meanwhile the obvious impropriety of Mr. Stockton's vote upon his own case had deeply impressed many senators, and on Monday, directly after the Journal was read, Mr. Sumner raised a question of privilege and moved that the Journal of Friday be amended by striking out the vote of Mr. Stockton on the question of his seat in the Senate. He did this because, being on the defeated side, he could not move a reconsideration; but Mr. Trumbull and Mr. Poland, who had sustained Mr. Stockton's right to a seat, both

offered to move a reconsideration, because they believed that he had no right to vote on the question. Mr. Poland made the motion and it was unanimously agreed to. Then, instead of urging the correction of the Journal of Friday, Mr. Sumner proposed a resolution declaring that "the vote of Mr. Stockton be not received in determining the question of his seat in the Senate," which was agreed to without a division. The original resolution being again before the Senate, Mr. Clark renewed his amendment declaring that John P. Stockton was not elected a senator from New Jersey, on which the yeas were 22 and the nays 21. As thus amended the resolution passed by 23 yeas to 20 nays. Mr. Riddle of Delaware voted with the majority for the purpose of moving a reconsideration on a succeeding day-a privilege from which he was excluded by the action of Mr. Clark of New Hampshire, who made the motion at once with the object of securing its defeat and thereby exhausting all power to renew the controversy. Mr. Clark of course voted against his own motion, and with its rejection Mr. Stockton ceased to be a member of the Senate.

More than half of those who sustained Mr. Stockton's right to his seat were Republicans, or had, until the current session of Congress, acted with the party. The majority of a single vote by which he was ejected would have been neutralized if Mr. Stockton's colleague could have been present. Mr. Wright was ill at his home in Newark and contradictory reports were made as to the time when he could probably be present. Some of the Republicans justified their urgent demand for a final vote on the belief entertained by them that Mr. Wright would never appear in the Senate again. As matter of fact he resumed his seat eight days after the decision of Mr. Stockton's case. His vote would have changed the result. The haste with which the question was brought to a decision can hardly be justified, and is a striking illustration of the intense party-feeling which had been engendered by the war. In a matter so directly affecting the interests and the feelings of the people of New Jersey it was certainly a hardship that the voice of the State was not heard. With one senator excluded from voting by parliamentary law and the other absent by reason of physical disability, Mr. Stockton had good ground for declaring that the Senate had not treated him with magnanimity or generosity. It is due to Mr. Stockton to say that under very trying circumstances he bore himself with moderation and dignity.

In the decision itself, however, there has been general acquies

cence, and it led to an important reform in the manner of choosing United-States senators. The well-known Act of July 26, 1866, "regulating the time and manner of holding elections for senators in Congress," was the direct fruit of the Stockton controversy. Though it may not be perfect in all its details that law has done much to insure the fair and regular choice of senators. It has certainly accomplished a great deal by preventing various objectionable devices, which prior to its enactment had marked the proceedings of every senatorial election where the Legislature was almost equally divided between political parties. The reluctance to interfere with the supposed or asserted rights of States had too long delayed this needful exercise of National power. The Constitution provides that "the times, places and manner of holding elections for senators and representatives in Congress shall be prescribed in each State by the Legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators."

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There was a reluctance in the early administration of the Federal Government to assume any function which had been given alternatively to the States. It thus came to pass that many methods were developed in different States for choosing senators, methods that widely differed in their essential characteristics. Hence there was variety, and even contrariety, where there should have been only unity and harmony. These divergent practices had been allowed to develop for seventy-seven years of the nation's life, when, admonished by the Stockton case of the latitudinary results to which loose methods might lead, Congress took jurisdiction of the whole subject. The exercise of this power was a natural result of the situation in which the nation was placed by the war. Previous to the civil conflict every power was withheld from the National Government which could by any possibility be exercised by the State Government. Another theory and another practice were now to prevail; for it had been demonstrated to the thoughtful statesmen who then controlled the Government, that every thing which may be done by either Nation or State may be better and more securely done by the Nation. The change of view was important and led to far-reaching consequences.

Alexander G. Cattell succeeded Mr. Stockton and served in the Senate with usefulness and high credit until March 4, 1871. He had

been all his life engaged in commercial affairs, but had taken active part in politics and had held many positions of trust in his native State. In 1844, at twenty-eight years of age, he was a member of the Constitutional Convention of New Jersey and made his mark in its proceedings. His upright character, his recognized ability and his popular manners had given him a strong hold upon the people of his State.

William Wright, the colleague of Mr. Stockton, who was unable from illness to vote on his case, died the ensuing November (1866) at seventy-two years of age. He served two terms (1843-47) in the House of Representatives from the Newark district as a Whig, and was a zealous supporter of Mr. Clay in 1844. He was a wealthy manufacturer, largely engaged in trade with the South, and the agitation of the slavery question became distasteful to him. In 1850 he united with the Democratic party and was sent to the Senate in 1853.

Frederick Theodore Frelinghuysen was chosen as Mr. Wright's successor. He was in his fiftieth year when he entered the Senate, but was known as a distinguished member of the New-Jersey Bar and had served as Attorney-General of his State. His grandfather, Frederick Frelinghuysen, was a member of the Continental Congress and a senator during Washington's second term. His uncle, Theodore Frelinghuysen, was a senator during the first term of Jackson and ran for Vice-President on the ticket with Mr. Clay in 1844. The family came with the early emigration from Holland and soon acquired a hold upon the confidence of the people of New Jersey which has been long and steadily maintained. - Mr. Frelinghuysen soon attained prominence in the Senate, and grew in strength and usefulness throughout his service in that body.

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CHAPTER VIII.

THE PRESIDENT OFFENDED. - ADVERSE VOTE IN CONGRESS SURPRISES HIM.- FREEDMEN'S BUREAU ESTABLISHED. MAJOR-GENERAL HOWARD APPOINTED COMMISSIONER. HIS CHARACTER. DEFICIENCY OF THE BUREAU. - SUPPLEMENTARY ACT. -ITS PROVISIONS. CONFLICT WITH STATE POWER. - LONG DEBATE. SPEECH OF IGNATIUS DONNELLY. -THE PRESIDENT'S VETO. - SEVERE ATTACK UPON THE POLICY. - EXPENSE OF THE BUREAU. SENATE FAILS TO PASS BILL OVER VETO. ANOTHER BILL TO SAME EFFECT PASSED. MORE GUARDED IN ITS PROVISIONS. PRESIDENT VETOES THE SECOND BILL. SENATE AND HOUSE PASS IT OVER THE VETO. UNPOPULARITY OF THE MEASURE.-SENATOR TRUMBULL INTRODUCES CIVIL RIGHTS BILL. ITS PROVISIONS. RADICAL IN THEIR EFFECT.-SPEECH OF REVERDY JOHNSON. - DEBATE IN THE HOUSE. - PRESIDENT VETOES THE BILL.MAKES ELABORATE ARGUMENT AGAINST IT. EXCITING DEBATE ON VETO. - MR. TRUMBULL'S SPEECH. SEVERE REVIEW OF PRESIDENT'S COURSE. - EXCITING SPEECH OF MR. WADE. ILLNESS OF MR. WRIGHT. SEVERE REMARKS OF MR. MCDOUGAL AND MR GUTHRIE. - DEBATE IN THE HOUSE. BOTH BRANCHES PASS BILL OVER VETO. RADICAL CHARACTER OF THE MEASURE. RELATIONS OF PRESIDENT AND CONGRESS. OPENLY HOSTILE. POPULAR MEETING IN WASHINGTON. PRESIDENT'S ACTION APPROVED. - PRESIDENT'S SPEECH 22D OF FEBRUARY. - ITS UNDIGNIFIED AND VIOLENT CHARACTER. CALLS MEN BY NAME. UNFAVORABLE IMPRESSION UPON THE COUNTRY. THE PRESIDENT LOSING GROUND. - REPUBLI CANS IN CONGRESS ANXIOUS. — EXCITING PERIOD. SENATOR LANE OF KANSAS.HIS POLITICAL DEFECTION. HIS SUICIDE. - PERSONAL HISTORY. - HIS PUBLIC SERVICES. SUICIDE OF PRESTON KING. SUPPOSED REASONS FOR THE ACT.

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ITH the disposition manifested in both Houses of Congress it was feared that the conflict between the Legislative and Executive Departments of the Government would assume a virulent and vindictive spirit. It was known that President Johnson was deeply offended by the indirect refusal of the House to pass any resolution in the remotest degree approving his course. He had doubtless been led to believe that the influence of such eminent Republicans as Mr. Seward in his Cabinet, Mr. Cowan and Mr. Doolittle in the Senate and Mr. Raymond in the House, would bring about so considerable a division in the Republican ranks as to give the Administration, by uniting with the Democratic party, the control of Congress, or at least of one branch. The test vote of January 9th was an unwelcome demonstration of the degree to which the Presi

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