Delaware gazette and state journal., 1895-12-12
Chances Decidedly Against
Admission.
VIEWS OF SEVERAL SENATORS
VIII Not Be Determined Upon
Partisan Lines.
The Senate Wiii Deal Fairly with tho
Matter, From the Standpoint of Law aud
Frecedent--with This Assured, Col. du
Pont's Prospects Are Far From Rosy.
From our washington corresponoon,

W ppdNSH i1elutur 10 llll Iue term OF SIX
years beginning March dth, 1895, for
Col Horny A. du Pont, who at present
claims that distinction, backed up by
only q certificate OF election from the
Speaker OF the House of Representa-
tives, Mr.. II. II. McMullen will not be
seated, unless tho Legislature should
ieBally eject MN TO that position at
its next session. This conclusion is
not an idle conjecture or political as
sertion; but is arrived at after various
interviews with many OF the United
states Senator'S prominent as leaders
IN the Republican, Democratic and
Popnlist parties. And unless these
Senators should deli berately repudiate
their statements when it comes to a
vote. which is not at all likely, the ac-
tlon OF Acting Governor Watson will be
amply sustained by large majority
vote In the United States Senate.
The claim Of Col. du Pont is attract
ing much attention and his right TO a
seat is the subject of many heated dis
cussions in political circles, and espe-
cialy when there is a Delawarean in
the party. The Constitution of the
State is volume in great demand at
the various libraries and section S.
article 81 section 5, article ., and soc
tion IA, article ,, have become almost
as familiar from quotation as some of
the old time proverbs. In the Senate
library there has been an especial de.
mand for that important book since tho
petition OF Col du Pont was presented
by Mr.. Mitchell.
It is safe TO predict that the case
will be decided on its merits, and not
by political pretense at fairness and
juHticc, and it is gratifying to note
that several of the Senators resent
the insinuations that the matter will be-
looked upon from mere partisan
standpoint. "The Senate will deal with
the subject In judicial manner, and
the citizens Of Delaware may rest as.
sured that their rights will receive
proper and careful consideration, - said
Senator Hansborough of North Dakota,
and he voiced the sentiment of the ma
lurity of the Senators who have been
interviewed. They have not had an
opportunity to carefully consider the
points involved in this unprecedented
case as yet, and, therefore, are not pre-
pared to state positively their candid
and unprejudiced opinions. But there
VIII be no prolonged debate in the Sen
ate, for the very good reason that there
is nothing to debate upon. The one
| and only question which confronts that
dignified body is the right Of Acting
| Governor Watson to participate in the
proceedings of the joint Assembly of
the state Legislature of May 9th, 1895.
This can only be equitably decided by
an impartial and judicial construction
OF the Constitution, and no amount Of
oratory can justify any partisan action
which, 1t has been intimated, might
be taken in the matter.
The dignity and traditions of the
Senate must and will be upheld, and
such men as Hoar, Allison, Aldrich,
Gray, Daniel, Palmer, and others who
have faithfully and efficiently performed
their duties will not have il go down
in history that they allowed their
political prejudice to bias their
judicial conscience in dealing with a
legal question of such vital importance
to the rights and interests Of the citi-
zens Of Delaware, and such little i'm
portance to them individually.
Inc committee on privileges and
elections are to construe the true mean
ing of the Constitution and reconcile
the alleged conflicting sections of that
document Their report will be a
statement of their honest convictions
arrived at after careful and conscien.
tious consideration of the law, and not
a iiimay and superficial decision bv
4 their political predilectIon. There will
hn minority report SO that all of the
material points entangled in the case
will DO presented TO tho Senate. Ar
| guments in support of the reports will
doubtless bc submitted by the mem
bers of tho committee, and then the
Senate will vote upon the question Of
affirming the report of the majority.
The present committee would undoubt-
edly present Il report unfavorable TO
Col du Pont and Mr.. Mitchell ol
Oregon, would present the opinion Of
tho minority. This, however, would
carry but little weight when contrasted
with the opinion of the eminent and
efficient chairman of the committee,
/ Mr.. George Gray. His legal ability to
deal with the case is conceded by all,
and as representative of the people
of Delaware, who place implicit con
iidence in him, his opinion is entitled
TO and will receive the Just constera-
tion due such an accomplished and
capable lawyer.
Pending the appointment of Jus
OF Delaware's distinguished statesman
was prominently mentioned as man
we'll qualified to fill that position OF
distinction. Had not the political con
dition Of tho State been in SO critical a
taDgle, it is safe to say that the Presi-
dent would have bestowed that honor
upon him, and his nomination would
have been confirmed in the Senate
without dissenting vote. His col.
leagues in both the Republican and
Democratic parties place great conf.
dence In his ability to deal with intri-
cate legal questions, and so when he
reports that Acting Gov. Watson was
justified and right in presiding over
the State Assembly, the claim Of Col.
du Pont will receive its death blow.
The Republicans still remain unde
cided MS 10 whether they should make
an effort at reorganization. but il il
expected that some action will he tgkeI
during the coming week. = Senator Gray
will remain on the committee of privi.
leges and elections if the Republicans
should secure control, and will Hee that
justice is done.
Delaware ia entitled to its lega
representation in Congress, but only
the duly elected, with proper creden
tiale, should be allowed voice in this
affairs of the govnernment, and tht
construction of the Legality of the ac
tion of Gov. Watson should have beer
first decided in tribunal in the State
by mandamus proceeding" (" said Mr..
Charles Il. Benjamin, a prominent
member of the District bar, this morn
ing. ASST is, there is a danger thai
an earnest adherence TO politica
party might defeat an unbiased actor
on the case, owing to the fact that tn,
Constitution is open to two construc