Middletown transcript., 1895-05-25

are able to do it. We are open to con
viction. Try US.
sENATOR-ELECT HENRY A. DU
POINT.
The further we get away from tht
Senatorial struggle which culminatet
on the 9th inst, the stronger the con
viction becomes that Governor Wat
son had no legal right to preside ovel
the deliberations of the joint assembly
after he took the oath of office a:
I governor, nor to act as Senator, and
that consequently he had neither vote
nor voice in the election of United
States Senator after he became Cover
nor and therefore from that time only
fifteen votes were necessary to the elec.
tion Of Senator, and that Col. Henry
A. DUPONT, having received that vote
is legally elected. The impression is
that Col. DUPONT will be seated for the
full term of six years from March 4th
last, when Congress shall convene.
In addition to the reasons heretofore
enumerated in the TRANSCRIPT stat
ing why we believe Col. DUPONT is
legally elected Senator, is the one that
during the balloting for Senator when
Governor Watson was presiding over
the joint session, Speaker pro tenn.
Records was engaged, between the
periods of his consultations with
Renegades Handy and Moore and his
voting, in affixing his signature as
Speaker to the bills which had passed
the Senate, had been enrolled, and
compared by the committee. No one
questioned his right to sign those bills,
not even Mr.. Watson or any Demo-
cratic paper, but if Mr.. Watson could
still exercise the rights of Speaker as
he was doing at that time, then Mr..
Records was not Speaker and had no
right to sign those bills. 1t does not
take constitutional lawyer to see that
point.
Will the Euery Evening or some other
| Democratic paper inform the public
who will be governor from the first
Tuesday of January, 1897, when the
term expires for which Mr.. Watson
was elected Senator, and the third
Tuesday Of the same month, when
the governor elected in November, 1896,
shall be inaugurated? The whole ar
gurnent of the Democrats is based on
the supposition that an acting COVER
nor must still be Senator and Speaker
to fill the requirements Of the consti-
tuition. It is seemingly their only
ground for contention, and is met by
a direct contradiction in Section 5,
Article III of the Contitution, which
sa Us:
"No member of Congress, nor per-
son holding any Office under the United
States or this State. shall exercise the
0f1lce OF Governor.
This would seem to be conclusive as
to the correctness of the position held
by the Republicans, namely that Mr..
Watson could not 'exercise the office
of governor" and hold tile office of
State Senator at the same time. 1t
appears reasonable; it is common
sense; but according to some of the
Democratic papers to think that way
is to "conspire to steal a seat in the
United States Senate" Already some
of the papers are condemning in ad-
vance anticipated action in the Senate
upon Col. duPont's application. In
delightful contrast to this, and in
harmony with not few Democrats
who believe that Col. dupont is legally
elected, is the following from the Del
aaoare p ilot, of Lewes:
eff the position taken by Governor
Watson was an error it was one of the
head and not of design, and upon an
examination, if decided upon pure
legal grounds will be accepted without
controversy. We believe when the
committee before whom the question
Of admission will come shall have
heard the arguments and examined
the constitution Of the State as bearing
en- the dual relations of a Senator and
Senator exercising the office of
Governor, they will make an accept
able Interpretation. There is no de-
sire on the part Of the Democrats of
Delaware to oppose the seating of any
person elected on Wednesday, May 9Th
or Thursday, May 9th, Of the Legisla-
tive days."
The EUery EUening, however, is
shouting itself hoarse in its patriotic
(?) efforts "to prevent Colonel DUPONT
falling into position Of ridicule and
contempt by making application for
a seat in the Senate, advising against
such application, and it does this after
trying to inveigle him into the courts |
for mandamus, and after having sug-
gested credentials of a certain kind |
which it could recommend to be Just |
the thing. No Republican paper is
doing more to convince its readers
that Col. DUPONT is legally elected than
is the Euery Evening. 1t rests its case
on the fact that Governor Polk acted
as Senator after he had been "acting
governor" filling out the original term
for which he was elected Senator,
whether legally or not was never
questioned and therefore never decided
but at no time did he exercise the office
of speaker and governor at the same
time, or attempt to do so, nor does the
Euery Euening make any such claim.
Evidently the EUery EUening is con-
vinced that it is wrong but as usual it
has not the manliness to acknowledge
its mistake.
Tbaco rpho nich - brnu roono -