Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-10
DECEMBER Joe 1856

should fail to be seated. Any one VINO
argues to the contrary argues nonsense
'fIt has been claimed that the he'
publicans should have refused to take
eeats in the convention until after a
decision should ba reached in the man
damrs suit pending In Kent county
but any such claim il made IN ignor-
ance, both Of the facts and of the law
involved in the situation. Had We
failed to take our seats on Tuesday we
had the most reliable and positive as
surgnce that the 10 Democratic
claimants would immediately have
been seatod. On the other hand, had
We gone into tho convention without
Receiving pledges from the Democrats
which could not be obtained, the re-
suit would have been the same, II out
voting every time. We were abso-
lutely without power with our minority
to control tho situation and postpone 9
organization OF the convention.
"With respect to the mandamus pro-
ceeding it is only necessary to say that
tine title of delegates to seats in the
convention could not be determined by
that suit. The sole function of the pro
ceeCiing In that suit was to compel the
board OF canvass In Kent to reconvene
and tabulate the total number OF votes
returned by the officers of election in
| THAT county. The courts could not
| either in a mandamus suit OF any other
proceeding Judge of tho elections and
| qualifications Of the members of the
| Constitutional Convention. That power
exclusively resides in the convention
| itself and would never have been exer-
| n. ~. Fpt pf ha nj IN l. nj N
| climants on account OF the bribery,
fraud and violence alleged to have been
resorted to in order to secure them
their plurality. While it is matter OF
regret that We were unable to secure a
non partisan convention | am neverthe-
less fully satisfied that the course pur-
sued by the Republicans was the wisest
and most patriotic which they were
able to adopt.
1.-THE Republicans agreed among
themselves that the five Union Republi-
can claimants who had received the
largest number of votes should be
seated, and this would have been done
had il not been for the urgent request
and inaiRtence of one of the most
that some of those who had mol
TeEeiNbH tue niBueSt nuhboT VI fote'
should be included in the five. In view
OF the fact that of the five Union Re
pubicans who were seated in the con
venton were elected as claimed by tn,
Republicans, the fact that some of thu
q five did not receive tho highest mum
Der of votes becomes wholly i'm
material. There was knot which hal
TO be cut and we took the AK OF com
| 10
''The result is that we have con
vention containing many good men an,
closely appropriated to what is know
as non partisan convention. We ar
proceeding quietly and satisfactory.
with the work of framing a new Con
stitution and have not observed an.
tendency on the part of the Demo
cratic members to resort to partisanshi
in the appointment of committees 0
otherwise. / trust and believe tina
the convention will be singularly har
monious and that it will frame con
stitution not on partisan lines but on
which will commend itself to the heart
approval Of the right-minded citizens {
this State. The situation is to me nc
, one Of dismay, but of hope. :"