But this convention in New Jersey, without any legislative act, without any such authority conferred upon it, without any thing done on the subject by the Legislature which formed the body, undertook to say that they would change the received and acknowledged Parliamentary and common law in their mode of proceedings, and instead of acting according to that law, as the Legislature must have intended that it should do, would elect in a totally different manner from that prescribed by law, namely, by a plurality vote, for which they had no legislative sanction and for which there was no authority but their own will." There was a long debate on the question, but the argument submitted by Mr.Fessenden was never refuted by his opponents, and it was practically repeated by every one who concurred in his general views.
Mr.Stockton made an able presentation of his own case, perhaps better than any made for him, but he was never able to evade the point of Mr.Fessenden's argument, or even to dull it.

The case came to a vote on the 23d of March, the first test coming upon an 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.