Delaware gazette and state journal., 1896-04-23
From Our washington Correspondent.

From Our Washington Correspondent
Washington, April l6. Senator Gray
began his argument against the resolu-
tion to scat Col IL. A. du pont, yes
terCay, but owing to numerous inter
ruptions was unable to conclude
Senator Gray presented clear and
logical argument and proved beyond
reasonable contradiction that Mr.. Wat.
son was acting within his rights and
powers when he sat as presiding officer
in the joint assembly on the 9th Of
May, 1885. The Senator was frequently
interrupted, and had numerous "co-
nundrums' thrust at him. Senators
Chandler Mitchell and Hoar were all
forced to make personal explanations of
their positions. during tho course of
his remarks. Mr.. Gray confined him
self TO the questions at issue and did
not present senseless hypothetical
cases, which have been the stock in
trade of the supporters of Col. du Pont
during the course Of the debate. The
Senator ably defended Mr.. Watson q
action, and protected the members Of
the Constitutional Convention from
the implied charges OF incompetency
which have been made against them.
Senator Gray, in opening his argu.
ment, said that as he WAS citizen OF
the State Of Delaware, he had been
entirely willing to allow other Senators
to present the contentious of the mi
nority. He said that he was not conscious
of any bias which would interfere with
the exercise of his judicial function in
dealing with the case. Z" ! am free from
all propoesession against the claimant, y
he said. Mr. du Pont has long been
known to me as IA highly esteemed and
accomplished citizen of the State. ~
The Senator said that IL was proper to
state at the very outset, in view of
what has already been SAID, that il Mr..
du Pont should be seated, it would be
because county in the State had been
disfranchised il would be because one
Of the regularly elected members Of the
State Senate has been deprived of his
right 10 exercise his senatorial duty,
and thereby made tho present result
possible. In other words, those who
support the claim of MIR. du Pont can
only hope to be successful by the acci
dent Of a vacancy which they argue has
been brought about by constitutional
provision.
No ono doubts, he continued that il
all members of the joint assembly were
present-that if Kent county had it.
full representation, that Mr.. du POM
would not have been elected. If Mr.
Watson had not been called to the Gov
ernors Office, and had remained in tht
Senate all of the time, no one will con
tend that Mr.. du Pont would have beer
elected. II seated in the United Statel
Senate it would be by reason of thi,
condition, and not by reason Of the will
of the people of the State The Sena
tor emphatically denied the assertion
made by the supporters of the cla;man
that Mr.. Watson had been guilty o
any usuTpation, or extension Of hi
rights and duties.
Mr.. Gray said he did not think j
necessary at this time TO dwell upo
this feature of the case. ''All we clair
is that the provisions OF the Cunstitu
tion of the State shall not be set asid
by the United States Senate. That ever
legislator elected to the Joint aasemhl
shall be allowed to exercise the righ
and .priyiegesso of member OF tia
body. " But, he continued there ha
been attempt made to rewrte the Deu
ware Constitution, and il was for tn
purpose OF vindicatlug the action I
Mr.. Watson, who had been denounce
as a usurper, and not because tho Ser
ate is a tribunal competent to pas
upon the question, that he would ovel
whelmingy sustain the contention {
the Speaker
Mr.. Gray called attention to the fac
that on the 9th Of May Speaker Watso
declared q times that there was n
election, and that no ono oyor rose [
suggest, much less protest, that til
declaration was not true. He rea
from the journal in support of hi
statement and insiBtcti that the Unite
States Senate could not 60 back Of thf
record. The Senator sent e. thu clerk
desk and had read the variou, urt
visions of the Constitution which wet
involved in the case. He called ma,
tlcular attention to sections | and , {
article =. which provide that tho III
preme executive powers uf tho Stat
snail be vested IN Governor who aha
be chosen by ttp citizens Of tho Stat
lie releuei hrloHp 10 the other M,
visions which had been road, and lai
great stress On the language used
section II, grLieIe = The Senator sul
mitted that the following prurusitini
werc amply sustained ny the Const
tutiun
|. ihat the scheme Of the Dolawa
Constitution was 10 provide for a Cd
ernor, in whom the supreme eyecuti,
powers are vested, who shGuli be elect,
bY the people. ..5..
., That 10 other than ono 50 electt
# the Governor in tho full constt
tional sense,
2, That the framors of that Const
tuition, recognizing thai there might
vacancy in the gubernatnrial ofiic
provided that the duties should be di
CHARGED by person holding hie
position in the affairs of the State.
!. THAT tho Speakar Of the Senat
upon wn1m the otllrc Of Governor ii
v1lNes exercises a temporary dischaw
OF the duties until a Governor in /,
full constitutional srnsa Il elected, /
does not exercise thu Office for the fr
term, but only until 40 election can
had.
j, That the Constitution. ii deyol
ins the duties ufan tho Sneaker, hi
not provided that thc Senator shail VI
cato his altica but on the contrar
mat the whole scheme negatives Ar
atlnmpt TO create vacancy
Mr. Gray said fiat it was inco1rei,
able that the Intelligent mon wt
framed tho Constitution stolI lin,
cApressly provided for vacancy IN II
representation qf the People ot aay ,
the touutioa ~ VIVA tho caga II n
coIteutiols Of tue majority were co