New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-24
THE DELAWARE SENATORSHIP.


Tho ouestion of Mr. Duponts title 10 seat
in the United States Senate as member from
Delaware will probably not be determined Tor
several weeks This delay. though unfortunate
NAV not be unreasonable and if the decision is
inst no special harm will result If his claim
Is we'll founded. as we believe ii to be, delibera-
ton ought 10 confirm rather than obscure the
tr,b AT the same time the fact must be recos-
nized that forces adverse to Mr.. dupont nave
heen enlisted and are actively at work, and it
is natural TO feel some sollcitude lest the "eae'
constituted as it Is, may eventuaii! u'ScI'u' ~
self and affront the country by its disposition
Of this case Mr. Duponts title Is not anec'eu
in any way or degree by the operations OF
lobby organized to promote defeated cahui-
dates malicious ambition. The argument au-
yanced in the name of Mr.. Addicks. that he VIII
continue 10 lavish money for the maintenance
of Republican ascendancy in Delaware pro-
yided Mr. Dupont is kept ont OF the seat 10 WHICH
Delaware Republicans believe him TO nave Deeh
elected. bears no relation to the merits OF the
case. OF course the implication Is obvious. ana
while II would be humiliatng to suppose That
the decision Of any Senator OF any party could
be influenced by threat bearing rather close
resemblance TO blackmai perhaps 1t is not TOO
much TO hope that those who may be responsible
for such tactics will receive the contempt they
deserve.
The question is not what Mr.. Addcks and his
negotiators want. nor what they may do mere
after in case they are disappointed. hut whe'h'f
Mr. Dupont received majority of valid votes
in the joint assembly Of Delaware last May
lie indisputably received fifteen votes, ana the
point at issue Is whether these constituted
majority or one less than majority. We can
not even regard his lack Of a certificate from
the Governor as n vital element in the case.
Such formal credentials may be convenient as
a part of the evidence in such controversy
but numerous precedents forbid the supposlilon
that they are conclusive or Indispensable. thirty
votes were cast for United States Senator in the
Joint assembly on May 8. If one of these votes
was invalid and nullity then Mr. Dupont, VINO
received fifteen votes was elected, ana Is en-
titled to the seat. with or without certlcate'
The Republican contention Is that one or the
thirty votes was a nullity, TO wit. the vote east
by Mr.. Watson, then and now exercising the
office of Governor in place OF Governor MarVli,
deceased. in accordance with the constitutional
provision investing the Speaker Of the Senate
with that status and duty in such circumstances;
and that his vote was void because when he
became Governor he ceased to be capable OF
exercising the office Of Senator, being debarred
by prevailing practice under a rule OF common
law and by q specific provision Of the Delaware
Constitution with which other provisions can
be brought into conflict only by strained and
unnatural construction Of them. That this was
Mr.. Wason's unbiased opinion of his own
rights and powers is substantially proved by the
fact that he never attempted to exercise the
office of Senator after he succeeded Governor
Marvil until the OH of May, when, in response
10 a political demand the entered the joint as
sembly and voted for a United States Senator
for the acknowledged purpose of making the
fifteen votes secured for Mr.. Dupont insufficient
10 elect him.
1t is not denied that the side Of this contrO-
yerSv adverse TO Mr. Dupont and the Repub-
lican party of Delaware is capable of being adj
vocated with plausible arguments. hut plausi-
biliy is the highest quality that we can find in
them. They seem to us repugnant to the Consti-
tuition which they invoke and 10 common sense.
and that Is probably, If not certainly, the con-
cluson to which the Senate Will be led, II every
member Of 1t submits himself to the guidance
of reason. The defence of Mr.. Duponts title
which has been built up out Of the law and the
facts may possibly not prove TO be lmpresnable
against such an attack as Mr. Addicks is max
ing but If It fails there will be the gravest rea
son 10 suspect that justice has been betrayed
by treachery.