Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-11-26
HARD TIME FOR COL. pu POINT.
No Prospect of Securing Seat In
the Senate.

the senate.
Some Republicans are Figuring That tho
Case nay he Reopeped and the Claimant
Seated, but There is Nothing In the Way
of Precedent to Justify This Contention
He VIII Have Hard Time IL He Tries.
Washington Times, Nov. Goth.
Some Republicans are figuring on the
possibility OF yet seating Col. du Pont,
OF Delaware, in the Senatas
They reach this conclusion by the
claim that is made that number of
important points we're overlooked by
the Senate committee during the
struggle for the seat at the session last
spring. So important does Col. du
Pont regard these points that it is said
he is preparing his papers and they
will be presented at the coming session
| OF Congress
II Col. du Pont were seated the
Republicans would have one more vote
and perhaps by this very vote would be
able TO pass tariff bill, II is gener-
ally conceded that Col. du PoDt was
not defeated on the merits Of his case
but simply because he was not free
silver man.
There is no doubt that tho Republic
cans would be glad Ia seat Col. du Pont
! II lucy CouUi. l1uI tut1 Ddiihk
| the short session of Congress the same
men would vote against him as before,
| should his case come up. FL is friends
hold that the contest might go over
until the next Congress, when the
chances would be more in his favor, but
the Republicans will not have clear
majority in that body.
In the present Senate no motion for
a reconsideration was made after the
final vote on Col du Points case had
been taken, 30 it must come up under
| new matter. 1t might come In the
shape Of a memorial, but IL objections
| were made ii could only be sent to the
| committee on judiciary by majority
vote. This would be hard for the Re-
| publicans to secure.
Even il it was sent to the committee
and was favorably reported it would
still have to run the gauntlet of the
Senate again. Senator Stewart could
knock the contestant out this time just
as well as no did before 1t is said the
Senate has not been chaetened by the
late election but is still as "stiff necked
and rebellious'' as ever.
If the presidents of the Senate are to
be followed the case has no grounds on
i which to rest Similar questions have
been decided on several occasions. 1t is
held that after decision of the Senate
in favor of the title CT persons claiming
seats, an election of others by the State
legislature is void, the decision of the
Senate being conclusive upon the leg
islature and all persons acting under
their authority as we'll as on the
Seniors named in the resolution"
| This decision was rendered by the
| t. ~,
test Of Henry S. Lane and William M.
the Senate occupied by Graham N.
Fitch and Jesse u. Bright. The Leg
islature of that State, or portion of it,
protested against the seating OF Messrs.
Fitch and Bright, hut on June 18th,
1858, the Senate decided that the two
gentlemen were entitled to their seats.
Immediately after this a memorial of
the State of Indiana was presented
representing that it was the wish of
the State that Messrs. Lane and Me-
Carly be admitted to seats in the
Senate as the legally chosen Senators.
February Sd, 1853, the committee on
judiciary reported that there were no
vacancies in the Senate and that the
decision rendered June 18th, 1858. was
made by an authority having exclusive
jurisdiction of the subject, was judicial
in its nature and that the judgment
Of the Senate then rendered was final
and precuded further inquiry into the
subject to which it related.
The committee was composed of
Messrs. Bayard, chairman; Pugh, Ben
iamin. Green, Clingman, Collmer and
Trumbull. This report was adopted by
the Senate January 18th, 1853. Since
then the precedent has stood.
The right of one Congress to take
action on decision OF a previous Con-
gIess has also been taken up but no
vote was reached. The case ie Of
interest though, from the stand taken
by Senator Hoar at that time. The
Senator is now chairman of the COM
memorial would be presented if taken
Hoar placed himself ON record in the
contest of Henry M. Spofford OF
Louisiana for the seat occupied by
William Pitt kellogg.
The Senate decided in 1877 that Mr..
kellogg was entitled to the seat. In
1879 the contest of Mr.. Spofford was
commenced. Mr.. Hoar offered an
amendment May Cd, 1879, to certain
resolutions relating to the case. The
resolution, after presenting the fact that
Mr. Kellog's right to the seat had
been passed on in 1877, concluded with !:
Resolved, That said resolutions are
final and conclusive upon the right of
the said kellogg and the claim of said
Spofforl to said seat for said term. T"
Finally, in the case of Francis w.
Sykes versus George e. Spencer of
Alabama. tho committee on elections,
consisting of Senators Morton, Logan,
Mitchell, Wadleigh, Cameron of Wis
consin, Mcmillan, Salisbury, Merri-
man and Cooper, reached conclusion
that "the question having been
definitely settled. it was considered by
the committee that it was not COM
petent for the committee or the Senate
to reopen it. and that it must be treated
8 res adjudicata.
With these precedents Col. du Pont
will have hard time of it.
sent to Farnhurst.
1t was discovered Friday afternoon
that tho insane colorod man, who was
arrested at Eighth and Market streets,
was John Simms. He was sent to the
S+,Fa Inoono HpspitnI