Delaware gazette and state journal., 1896-01-16
From our Washington Correspondent.

MHknlDEIOD, Jan. D.--f DllOWlHR lb
an ample summary of the brief of
James l.. Wolcott, John b. Moore and
William f. Kurtz, counsel in opposi-
tion to the seating of Col Henry A.
du Pont as United States Senator
from Delaware, which has been filed
with the Senate committee on privi
leges and elections:
The first two pages of the brief are
tagen up in presenting statement of
tho facts leading to the balloting for
Senator in the Legislature. 1t then
says:
The General Assembly of the State of
Delaware consists of Senate ard
House of Representatives. In each of
these two branches of the Legislature
tho three counties in the State are
equally represented. The present Con
stitution, which was adopted in 1881,
provides, as did the Constitution of
1892, that there shall be three Senators
and seven Representatives chosen from
each county. The Legislature, there
fore, when its constitutional member,
ship is complete, consists of 30 mem
bers, of whom the Senate has nine and
the House 81
On the first Tuesday in January,
1895, the General Assembly of Della
ware met in regular biennial session,
and each house duly organized by the
election of officers The Senate chose
as it's Speaker William L. Watson.
On the sth of April, 1888, Joshua 4.
Marvil, the Governor of the State, died.
BY the Constitution of Delaware
(Section IA, Article -, it is provided
that "upon any vacancy happening
in the office of Governor by his death,
emoval, resignation. or inability, the
Speaker of the Senate shall exercise
the Office until Governor elected by
the people shall be duly qualified. y
In accordance with this provision
William I. Watson, the Speaker of the
Senate, on tho 9th Of April took the
usual oath; and he has since exercised
the Office Of Governor.
Among other duties with which the
General Assembly of the State of Della
ware, which met on the first Tuesday
in January, 1885, was charged, was the
election of United States Senator for
tho term of six years beginning on the
4th of the ensuing March. On the
18th of January the General Assembly,
haviag failed on the preceding day,
which was the second Tuesday after its
meeting and organization, to elect d
Senator, convened in joint assembly,
and proceeded, under the act of Con
gress entitled "An act to regulate the
times and manner of holding elections
for Senators in Congress-, approved
July 25th, 1866 TO vote for a Senator.
The voting on that day having been
without result, the balloting was con-
tinued from day to day till the close of
the session, on the 9th of May, with
out the election of Senator On that
day the proceedings Of the joint assem-
bly, were as follows:
The Joint assembly convened at Z
o'clock in the morning. and proceeded
to vote for "a Senator but after further
fruitless balloting, y recess was taken
until II o'clock When at that hour
the joint assembly reconvened, Will
liam L. Watson, Speaker of the Sen
ate, occupied the chair. The joint
assembly then proceeded again TO vote,
Mr. Watson being recognized as the
lawful presiding officer without protest
from any quarter But at AZ minutes
past , O'Clock, after the nth ballot for
the day had been taken, "A member of
the Senate, who had been voting for
Mr.. du Pont for United States Senator,
arose and read the following statement
"This joint assembly consists of only
20 members Tho honorable gentleman
now undertaking to preside and par
ilCtDdIt lutEblh i6 tilb vi lut
State and not now a Senator" " Nc
further votes were taken, AT 8 O'Clock
the General Assembly, in accordance
1ithsa resolution some days previously
river!d was declared adjourned with
Mr.ay. The highest number oi
FourcaHt for any person for United
accouSenator on the 9Th of May waf
long less than enough to constitute
Mr.rity of the joint assembly as
owne tting and voting, unless the seq
strue Watson was legally vacant. al
the pilots on which Mr.. du PonE' TO
paref l5 votes, Edward Ridgsy re-
road 10 votes; John r. Addicks,
bene and Ebe W. Tunnell ] vote; il
Nh votes, the same number as wa!
shouor Mr.. du Pont ~
folio argument in support of thu
Nj of Mr.. du Pont 10 a seat in thu
thete of the United States is baset
plaIght propositions. For convenience
updill as for the purpose of avoiding
by ylpossibility of Misrepresentation,
wiSill quote them in sull;
adj 1t is a rifle cffi cunon law that n,
th,on shall exQs 5rclse 10 Incompatible
nles at tie ~>same til
~ the AmGian system, ex
ecutlNe and legislati, Offices are in
compatible, and no pc on can exercs
p2th simultaneously, ithout express
or implied statutory oIcnnstitufiona
authority. ''ss'''S'' ~ ''o''0
AZ 3. There is no en- Il or ;n,nlie,
ri authority, in the DIN "a Cnnstitn
N iion, for the simutaheos EXERCISE. b,
the same person, of tho fsces of Gov
ernor and Senator; 0n the contrary
the Constitution expra.w interdict
such exercise of those IL, a6res And
therefore, at the time han M Il,
Font received Is VOTES n thn ;o;r
assembly, Mr.. Watson ~ inea5shl Inv 5stl'
OF exercising the office OF It., ,atnr If h
was at that time. tile Soyernor a
Delaware.
4. Mr.. Watson was. ,t 4bat 4;r,,
the Governor of Delawhref f., and was vas
therefore, incapable Of IN's sciaing aT fl Il,
Office of Senator, or the olltcoiof Sneake
of the Senate - Nl'eeNe
8. The theory that whilk NJ Watso
exercises the office Of Goternor he
capable Of exercising the rIgicn If Ser
ator and Speaker Of theI Slenate In
wolves great difficulties and e1SjIess al
surdities. The opposite tIbeoIrv recon
Giles all the provisions of tlIe Belawar
Constitution relating to the kukiect nm
der consideration.
q. (snvarnnr 4, n b.,