Delaware gazette and state journal., 1896-04-23

OF the Speaker pro tompore ever being
called TO the Presidential chair.
Mr.. Hoar. rose to make an explanation
aud indulged in a three minute talk,
but failed,to throw any light on tho.
subject. N
Senator Gray then turned his atten-
tion to statement made by Mr..
Mitchell, and the force of his logic was
SO convincing that Mr.. Mitchell deemed
it necessary to make personal OK.
PLANTATION OF his 'position. Mr.. Gray
said that Mr.. Mitchell had real
opinion. and an "argumentive opin-
ion. " Mr.. Mitchell had stated that
his real opinion was that tho accept
ance of the gubernatoral office worked
a vacancy: he had also stated that he
believed that in this case there was no
place subject to occupancy in the Sen
ate of Delaware--n other words, that
the Senate consisted of only eight
places and not nine. Mr.. Gray wanted
to know how these two statements
could lie reconciled. How could there
be vacancy IL there was no place
subject to occupancy" II the second
statement is correct then tho first is
wrong, and vice versa. Mr.. Gray said
it was ono of the places where Mr..
Mitchell had fallen between the two
horses he was trying TO ride. Mr..
Mitchell evidently recognized the truth
of the argument for he joined in the
laugh, and attempted an explanation.
Mr.. Gray said that when the Della
ware Constitutional Convention met
the delegates might put in clause
such as was in the new Pennsylvania
Constitution; but until that was done
| the Constitution Of the State must he
accepted as il is now. He rejected the
proposition that the United States
Senate may construe the document in
any different light lIo said that the
supporters OF Col. du Points claim
recognized the difficulty of their case,
and where there was no provision,
made AN inference. Mr. Mitchell, he
said, hau suspended Mr.. Watson's SEN
atorial functions. He had done 10 not
by any provision OF the Delaware Con
stitution, but in order TO sustain Col.
du Points claim. Tho majority had
suspended Mr.. Watson by asserting that
there is an incompatihility between
the functions of Legislative and an
executive office. lie asserted that there
was no authority for the contention in
any case, from Maine to Georgia,
Massachusetts to California. lie
pointed out the absurdity of this con-
tention by referring to the fact that the
majority had argued that the accept
ance of an incompatible office made the
first Office ipso facto vacant.
Mr.. Gray said that it had been
abunantly demonstrated by Senators
George and Turpie that the inter
probation put upon the provisions of the
Delaware Constitution by the advisers
of Mr.. Watson was correct. ''After
all, ''he continued, lit III not necessary.
What is conclslye il the proposition
that the Senate of the United States
has no right to judge of the qualfica-
tion or disqualification OF Mr.. Watson,
member of State Legislature e-abso-
lutely none. If we do this we will re-
verse the precedents of hundred years
established by this body. We will stop
down from the high plane and dignity
OF this body to usurp the duty of the
State of Delaware. Unless we recognize
the right of the Legislature of sover-
eign State TO judge os the qualifications
OF its own members, we should not de-
mand the respect conferred upon us by
the people whom we represent. We
ought to be very careful how we exer.
Elhb tulb JuhtCldl lullGllOH IIhl lb US
yolved upon US by the Constitution OF
the United States. The Senate oi
Delaware is TO Judge Of the right OF a
membor of that body to vote for Sena.
tor from that State. The Senator from
man not TO admit this proposition; but
he seeks to cvade its force by setting
up another most remarkable PROPOSE
| tiAu hi,,b 10 tt,at thn IN ,,f fhs
United States has right to Judge oi
the qualification OF a member OF the
State Legislature, when constitutions
question is involved. He asserts that
the Senate Of Delaware has only right
to judge of the fact Of an election. How
monstrous that proposition snunds!''
Senator Gray sent for dictionary
and read the definition Of the worc
Judge" us follows: "ro judge-tC
determine finally" Mr.. Mitchell evi
IDENTIFY considered that an explanation
from him was necessary. He inter
rupted Mr.. Gray and made a shor
statement which virtually affirmed tn,
position quoted by MIR. Gray. lie saiC
the Senate of the United States VIA
the highest court. MIR. Gray replied
that as the Senator had wandered one
he was forced to continue further ant
further into the Jungle. Mr.. Mitchell
flushed at this, and again secured th'
floor TO present what he termed ties
Of the Senator's argument" and tn
following interesting coloquy occurred
Mr.. Mitchell-"T'he Constitution q
Delaware provides that the Senate shal
consist Of nine members. Suppose the
should admit tenth man; pass upo
his qualifications and allow him +
vote; the tenth man voted for the eleC
tion of United States Senator. Woul
the Senator claim that its decision i
that case would be binding on tn
Senate of the United States when eS
, orcising its right to judge of the quail
iication Of it's members? In a cas-
: where the State Senate made miscon
, struction of tho Constitution OF tn
/ State?"
Mr.. Gray" We must apply the text
II we pursue his suggestion ther
would never be an end. The Senate
: has admitted Just what is said that h
contended, and that is that though th
t Senate of Delaware decide in tho frs
instance, the Senate of the Unite
| States can Judge Of questions of const
? tutional law. There can be no super
: GRITTY or inferiority in speaking Of th
Constitution of the State. There
no difference in the duties OF a Stat
o Senate and the United States Senate
s Each is supreme in its own sphere
When it does judge that iudl
i ment is final and cannot be set asid'
| l.. - Il .