Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-06-13
IN, court !. tho place to Adiudioate It.

The Court Is tho Place to AdJudicate IL. |
Tho question as to whether Colonel
du pont has been elected to the United
States Senate is Of great Importance to
Delaware. Certainly this State is en-
titled to two Senators and she needs two
Senators al this time. II is also certain
that her Legislature as actually consti-
tuted did not elect Colonel du Pont or
anybody else. Thirty votes were cast
aud Colonel du Pont received only
fifteen, which were less than majority,
II is also certain that the thirty men
voting, were the thirty which had been
constitutionally elected to represent the
various counties in the House and
| Senate.
Nevertheless, if it can be shown that
Colonel du Pont was legally elected
Senator we would not put a straw in
the way OF his taking his seat in the
Senate, We do not approve of cheat
ing men out of offices to which they
have been elected. There is not a
responsible and representative Demo-
crat in the State who would not favor
seating Colonel du Port If he was
elected. Governor Watson would cheer.
fully give Colonel du Pont his creden-
tials, if II could be shown that he was
in error in voting in the joint assembly
on May 9th.
As we understand the Democratic
position on this matter, it is that Della
ware is entitled to two Senators and
ought to have them; and that she is en-
titled to the two Senators of her choice.
She is entitled to be represented by men
whom she has legally and constitu'
tionally chosen. Democrats are op
posed to seating n Senator who was moi
elected. This position is SO reasonable
that Republicans Of the most partisan
complexion can not dissent from it.
Tho whole matter, therefore, come
down to the simple questions Wa
Colonel du Pont eleotedg
His claim that lie was elected is baset
solely on novel Interpretation Of th
: Delaware Constitution. ltdOes not res
| on any provision OF the United State;
, Constitution nor on any United State
statute. A question Of the meaning o
Delaware's Constitution should b.
: settled by Delaware's court of error
and appeals. That is the only place o.
earth where it can be finally adjudi
) Gated. When Colonel du Poat state,
y that he proposed to have his claiu
r adjudicated," we ventured to hop
o that he would take it to the courts; bu
Mr.. Higgins has thrown light upon til
n matter by saying that Colonel du PoE
II "would present his claim to seat i
e the United States Senate before Thu
Z body at its next session." This mean
y that the question is not to be "adiud
d Gated " at all, but that Colonel du Poi
20 is to seek seat in the Senate by 70
IS Of United States Senators. This cour;
&c Of procedure amounts TO an attempt
IT choose Delawar0s Senator tor her
~ Washington, instead of permitting III
L. to choose her own Senator at Dover.
ID No condemnation is too severe for Il
men who clam that the constitution
Mt question involved would not have il
le partial consideration if brought befo
ne Delaware's court Of errors and appea
ne They are ona par with Altgeld, who h
O. lately been denouncing the suprer
be Court of the United States. Pur
n courts do not sit beneath the heave
p than the courts of Delaware. The pc
N, pie Of the State Of all parties have tai
he in them.
us In urging that this constitution
by question be brought before Delawar
IN courts, we have done ii because {
I'M cision there would be accepted by evei
oil body as non-partisan and final.