He was ably sustained by Mr.Fessenden, who left little to be said, as was his habit in debating any question of constitutional law.

He maintained that "the Legislature, in the election of a United-States senator, is merely the agent of the Constitution of the United States to perform a certain act.

It is therefore under the control of no other power.

No provision of the Constitution of New Jersey, directing the mode in which a senator shall be elected, or the course that shall be taken, or the rules of the proceeding, would bind in any way the Legislature which is to perform the act.

Nor would any law of a previous Legislature have binding force.