Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-05-16
THE GOVERNORS RIGHT TO PRESIDE


As Speaker OF tho Senate He Exercises
the Office of Governor, but Loses None
of His Senatorial Rights and Privileges
A Precedent That Is Conclusive.
Caleb p. Bennett was the first Governor
OF Delaware under the Constitution framed
m lS3l-the present Constitution. He
died in Office III April, 1886.
The Constitution had been recently
framed. The men who wrote it were
alive and they were still directing the
affairs of the State. John NJ. Clayton
was at the head of the party which was
in control. Mr.. Clayton and his contem-
porarles understood the meaning of the
Constipation which they had made, and
the Interpretation put at that time upon
the provision for succession in event of
the Governors death is conclusive OF its
meaning.
Charles Polk, a Senator from Kent
been elected III 1884, was Speaker of the
Senate. He assumed the duties of the
governorship upon the death of Gov.
Bennett in April 1885. He was spoken of
i'll the newspapers of that period as Acting
Governor"
The Legislature was not In session at the
time of Gov. Benefits DEATH but Acting
Gov. Polk called an extra session in June,
1886 He did not resign his senatorship,
and no special election for Senator was
held. He does not seem TO have particle
pated in the deliberations OF the Senate,
but he addressed u gubernatorial message
to the General Assembly.
In November, 1885, a general election
was held and u Governor and mem ers of
the Legislature were elected. Acting Gov,
Polk was holding-over Senator. No
Senator was elected in his place. Cornelius
Z. Comegys was elected Governor by the
people. When the Legislature assembled,
in January, 1887, Acting Gov. Polk sent a
second gubernational message to the Cen
eral Assembly. On January 18th, 1887,
Gov. Comegvs was inaugurated.
After the inauguration of Gov. Comegys,
| Gov. Polk returned to the Senate chamber
ana completed the term of service for
| Which he had been elected in 1884, and
which expired in January, 1889. As a
matter OF fact. he was reelected for another
term in 1885, and served four years more i'll
the Senate.
Gov. Polk, who thus served his term as
acting Governor and then went back to the
| Senate and completed his term as Senator,
was the same Charles Polk VINO was presi-
| dent of the Constitutional Convention in
| 1881. In the Senate with him were three
Other members OF the convention, to wit
Thomas w. Handy of New Castle, Presley
| Spruance, Jr.. of Kent, and William d.
NAPLES Of Sussex. When this interpreta
| tloH was pun upon the constitution, we
see that four of the nine Senators had beer
members OF the Constitutional Convention
and the Speaker had been president of thai
convention.
A search through the files of news
paper opposed in politics to Gov. Polk
failed to disclose any suggestion that he
ought to resign his office as Senator because
he had been called by the Constitution u
exercise the office of Governor. When h,
returned to active participation IN the pro
ceedings of the Senate. no criticism wa
offered and 10 hint appeared that he hat
governorship.
The men who wrote the Constitution
seem to have had no doubt whatever tina
it required the Speaker of the Senate t
exercise the office of Governor withou
giving up the office of Senator. Doubt OF
that point is modern invention.