Surely, such a change is of immense gravity, and should be made only under all possible solemnities and safeguards. If ever there was occasion for the delays and precautions provided by legislative proceedings, with three different readings in each separate House, it must be when such a change is in question. Such surely is the suggestion of reason. But the Constitution itself, which delegates to the “Legislature” of each State the power to prescribe the manner of electing Senators, uses language not open to evasion. This power is to be exercised by the “Legislature,” which may prescribe the manner. It is not to be exercised by any other body than the Legislature; and the manner is to be prescribed by the Legislature. But, assuming that it may be exercised in joint meeting, it is clear that this must be in pursuance of some legislative act, prescribing in advance the manner.
Supposing the case doubtful, then I submit that all presumptions and interpretations must tend to support the rule of a majority. In other words, so important a rule, having its foundation in the Law of Nature, the Law of Corporations, Parliamentary Law, and the principles of republican institutions, cannot be set aside without the plainest and most positive intendment. It cannot be done by inference or construction. If ever there was occasion where every doubt was to be counted against the assumption of power, it is the present. I know very little of cards, but I remember a rule of Hoyle, “When you are in doubt, take the trick.” Just the reverse must be done in a case like the present, involving so important a principle: when you are in doubt, do not take the trick. This is a republican government, and surely you will not abandon the first principle of a republican government without good reason. According to received maxims of law, you must always incline in favor of Liberty. In the same spirit you must always incline in favor of every principle of republican government, and especially of that vital principle which establishes the rule of the majority. Thus inclining, the way at present is easy; and here I quote another authority, very different from Hoyle. Lord Bacon, in his Maxims of the Law, after mentioning a similar presumption, says:—
“It is a rule drawn out of the depths of reason.… It makes an end of many questions and doubts about construction of words: for, if the labor were only to pick out the intention of the parties, every judge would have a several sense; whereas this rule doth give them a sway to take the law more certainly one way.”[6]
And now, Sir, I have only to add, in conclusion, let us incline in favor of the rule of the majority. So inclining, you will at once show reverence for the republican principle and will stand on the ancient ways.
The question was then taken on an amendment, moved by Mr. Clark, of New Hampshire, to insert the word “not” before the word “duly” in the resolution of the Committee, and also before the word “entitled,” so that it should read that he “was not duly elected, and is not entitled to his seat.” This amendment was lost,—Yeas 19, Nays 21. The question then recurred on the resolution of the Committee. Upon the conclusion of the calling of the roll, the vote stood, Yeas 21, Nays 20, when Mr. Morrill, of Maine, said, “Call my name.” This was done, and he said, “I vote nay.” Mr. Stockton, who had not voted, rose, and, after stating that his colleague, Mr. Wright, was at home, said, “When he was last in this Chamber, he told me, as he left the Hall, that he would not go home, if it were not for the fact that he had paired off with the Senator from Maine. Mr. President, I ask that my name be called.” His name was then called, and he voted in the affirmative, so that the result was, Yeas 22, Nays 21. Meanwhile Mr. Morrill stated the circumstances with regard to his original pair with Mr. Wright and his withdrawal from it. The result was then declared,—Yeas 22, Nays 21,—making a majority in the affirmative, and the resolution was treated as adopted.
The sequel of these proceedings, ending in the passage of a resolution, moved by Mr. Sumner, “that the vote of Mr. Stockton be not received,” and the adoption of a resolution declaring him “not entitled to a seat as Senator,” will appear under the next article.