The daily gazette. [volume] (Wilmington, Del.) 1874-1883, 1881-10-12
Both Cannot be True.

From The Delaware Republican.
Can it be said that anything short
of trickery on the part of the Demo-
Gratis in the Senate has placed him
where he isl 1t is all nonsense talk
ing about the Democrats having a
majority of the Senate ON their side,
for they had not. Even with Senator
David Davis not voting for Mr.. Bay
ard, he was only elected by bare two
majority, while three Republican Sem
ators sat in their seats not voting,
simply because the Democrats took
advantage of little technical bubble,
and wiliully prevented those Senators
from voting, until they (the Demo-
crats) .indecently seized the Presidency
of the Senate.
From the New York Times, Rep.
The position of the Democrats In
relation to the swearing in of the new
ly elected Senators is sound in law and
precedent, if we consider only tech
nichalities. The law explicitly saws
that the oath of office shall be admins
istered by the President OF the Senate
to each Senator previous to his taking
his seat. The same statute provides
that "When President OF the Senate
has not taken the oath of office it shall
be administered to him by any mem.
Der OF the Senate" Nevertheless this
law has not always been the guide of
the Senate in its preliminary proceed.
ings. The Republicans, therefore, can
cite presidents showing that the usage
OF the Senate has, at times, sanctioned
the admission OF newly elected Sena-
tors before the election of the Presi-
dent pro tempore. When this has
been done, the Senators presenting
themselves have been sworn in BY one
OF the elder members of the Senate.
There is no law for this procedure
but the Senate, which makes its own
laws, has modified the existing statute
above referred to SO that newly elected
Senators have had the oath admins
tered TO them by "any member Of the
Senate, whereas that provision was
designed expressly to fit the case of a
President vf the Senate who had not
taken the oath of office, but who must
be sworn, in order that he might ad-
minister the oath of office to Senators
presenting themselves with fresh cre..
ientials. Ia this matter, therefore, the
Democrats, in insisting upon electing
he President OF the Senate before adj
hitting newly elected Senators, have
aw and precedent on their side. The
republicans have only presidents with
them.
The reader will perceive that the
hspu6ttcan is pointedly oontradioted
by the language of one of the ablest
Republican journals in the country.
The clippings are from papers issued
on the same day.
Philadelphia Inquirer, rep. "Sep-
ator Bayard is man of unQuestioned
craftsmanship, sound on the great
questions of the tariff and currency.
aud entirely competent to fill the place,
Next to Republican like Senator
Anthony, he is the best person who
could have been chosen"
New York Times, rep. "a demo.
cratic Senator from Delaware stands
next III tue line of the presidential sue.
cession. For this, and for the yexatious
deadlock now probable, the country has
to thank Mr. Roscoe Conkllng, late Sem
ator from New York. Mr.. Bayard re-
mains Senator from Delaware. He
has vote IN the Senate, On all questions
as Senator, and he has 10 other vote,
IL is not possible for the Senate, by
placing Mr.. Bayard in the chair, to de.
'stroy one-half Of The representation In
the senate OF mo state Of Delaware.
Aud, whenever majority Of the Seug.ey
shall choose to proceed to . new cleo
ton, and to call another Senator to the
sehair in place OF Mr.. Bayard, they may
do it,