The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-05-16
DUPONT WILL BE SEATED.
So Say Senator Mitchell and Ex-seDat or
Keiiog. Both of Whom View the Case at
LenKt

~NsasA"NN
Keiiog. Both of whom View the Case at
LenRt
WASHINGTON, May Ex-senator Nit
chell Of Oregon, who, as the senior Republic
can member OF the Senate Committee on
Privileges and Elections, will pass on the
credentials of Henry A. DUPONT and of any
person who may be appointed senator by the
governor of Delaware, has written the fol-
lowing letter to ex-senator Higgins;
my Dear Senator: | beg respectfully to
acknowledge with thanks the receipt of
yours Of the 11th instant inclosing memo
randum of the clauses of the constitution of
Delaware out of which arises the question
as to whether Colonel Henry A. DUPONT was
elected by the Legislature of Delaware as
your successor. l have examined with con-
siderable care the various provisions, to-
gether with the suggestions you have made
While, perhaps, 1t is scarcely proper that
one who will be compelled to pass upon the
question. first in the committee and then in
the Senate. should express an opinion in
advance of full argument, have no hesita-
tion in giving you personally my present
Impressions, which are very strongly to the
effect that the acting governor of your
no right while holding such Office and exer-
csing Its functions to exercise any of the
functions OF a senator, either those relating
to the election of a United States senator or
otherwise.
'If am right in this, then 1t would seem
to follow very clearly that Mr.. DUPONT was
legally elected senator
'In reaching the conclusion that the
alrar Of wh a
office of governor, can not exercise sena-
torial functions, 1t is not necessary to go to
the extent that on entering upon the office
Of governor he forever ceased to be a SEN
ator
ellis functions as such may be. and |
think were, entirely suspended; but II, for
any reason-for instance, by the election of
a governor before the expiration of the term
of senator for which the acting-governor
was eected-he ceased to hold the office of
governor and exercise its functions, there
would seem to be no reason why he should
not then properly resume and exercise the
functions OF senator to the end Of the term
for which he was elected as such.
There are, to my mind, very many rea-
SONS to be advanced that this view Of the
constitution of your state is the correct one.
while the arguments, IL seems to me, in sup
port of the position that the same person
can at the same time exercise the double
functions of executive and legislator, have
but slight, II any support, arising either out
of the various provisions of the constitution
or Of general public policy.
Possibly on full argument of able coun-
sci, the view l have taken. and which
here suggest, might be changed.
JOHN II. MITCHELL"
ANOTHER VIEW OF THE CASE.
Ex-senator William Pitt Kellogg Of
Louisiana supplies an interesting precedent,
which, in his opinion, will control the ad-
mission of Colonel H. A. DUPONT of Della
ware to a seat in the United States Senate
without a governors certificate. The case
arose under his own administration OF af-
fairs as governor of Louisiana. He had
resigned a seat as United States senator to
take the position of governor and T. B. s.
Pinchback, a prominent colored leader OF
the state, was elected in 1873 to fill the va
cancy. The United States Senate for vari-
Gus reasons delayed action in his case, and
finally declined to seat him. Afterward dual
legislatures arose in Louisiana, one wholly
Democratic, one chiefly Republican. This
was in 1875. Two members of the Republic
can Senate were induced to cross over to
the rival Democratic body and to take part
in a joint ballot for the still vacant sena-
torship. Their presence completed quo
rum of members whose election was undis-
puted. The choice of the Legislature thus
composed fell upon James B. Eustis, our
present ambassador to France. A congress
sionai committee headed by Representative
William A. Wheeler of New York. subse-
quently Vice-President Of the United States,
,n,,N tE 4 Ottig In q q
out the muddle. Mr.. Wheeler recommended,
and Governor Kellogg carried out COM
promise which resulted in seating certain
of the members of the seeding Legislature
in the body previously recognized by the
governor. In the meantime Senator oliver
P. Morton of Indiana. who was then at the
head of the Committee on Privileges and
Elections. made vigorous efforts to have
Mr.. Pinchback seated declaring that the
state was entitled to full representation
and that II Mr.. Pinchback was not elected
Mr. Eustls was. Thereupon the Senate, on
the 10th of December, 1877, seated Mr.. Eus-
tis, though he had no certificate of election
from the governor of the state. but only
certified copy of the proceedings OF the Leg
islature.
Said ex-senator Kellogg in speaking of
this precedent: Several of the older mem
bers of the present Senate participated in
the debate, and voted on the case. Sena-
tors Sherman OF Ohio, Allison of Iowa, Nor
rill of Vermont, Harris of Tennessee, Tel
Ter Of Colorado, Jones of Nevada and Nor
gan of Alabama, and others will easily re-
member the circumstances and they will
undoubtedly acquiesce in the precedent es-
tablished by the Senat, at that time, that,
primarily a sovereign state has right to
dual representation on the floor Of the Sem
ate, and shall not be arbitrarily deprived
of that constitutional right
81 have no doubt that Colonel DUPONT
will be given his seat and the Eustis case
will form the precedent"
TWO PRECEDENTS,
A further precedent in favor of seating
a United States senator, even though he
should not have certificate of election
from the governor, 1t is claimed, is found
In the cases of Wilbur f, Sanders and
Thomas C. Power OF Montana. who were
refused certificates by the Democratic gov
ernor Of that state, who certified to the
election OF their Democratic opponents,
but who. nevertheless, took their seats In
the United States Senate on April 16, 1891.
NOW Ia the time for ooug5h. colds,
i oar 5eness and the laying OF the seeds for
consumption. DIR. Simms white pullno on.
ic bulsam is the finest and best remedy
ever made, is just the medicine to pre-.
vent these ollamitles and cure the disease.
COG King street.
Go to smeltz Il Co., II East Fourth