Delaware gazette and state journal., 1896-02-20
The du Point unse In senate.

Inc case OF Colonel Henry n. du
Pont, the Senatorial claimant from
Delaware, is now fairly before the
United States Senate. Monday the ma
iority report of the committee on privi-
leges and elections was presented to the
Senate and read. 1t supported the claim
that Colonel du Pont had been legally
elected Senator from the State OF Della.
ware at the joint session of the General
Assembly held on the 9th of May, last
year.
The conclusions Of the majority re-
port of the committee which, by tho
way, was adopted only by partisan
vote-are in entire accord with the
claims made by tho counsel for Colonel
du Pont during tho course of the con
test. They deny that Acting Governor
Watson retained his rights as State
Senator while exercising the office Of
Governor, and therefore assert that his
exercise of the duLiea of State Sen
ator in the session of May 9Th was
Illegal, and his vote therein, for United
States Senator nulity.
But it strained even the partisan
majority OF this committee to thus ig-
more the plain provisions Of the Consti-
tuition of Delaware in order to reach
this utterly unwarranted conclusion.
The fact that Acting Governor Watson,
in the joint session of May 9th. con.
tinued to exercise his undoubted rights
for several hours without the slightest
objection, before the Republican
schemers thought Of making a protest,
was a hard nut for the Republican
members of the committee to crack.
They could not deny that the State
Senate was tho only body that could
lawfully pass upon the qualifications
of Acting Governor Watson as State
Senator, and that the State Senate ac.
cepted him without question And so
the committee report admits the right
of tho State Senate TO pass upon the
qualification of its members. but con
tends that this privilege "does not
vest in the State Senate any such OK
elusive right as would preclude the
Senate of the United States from de-
termining, 10y construction, whether
the Constitution of the State of Dcla-
ware does or does not recognize Ger
tain seat in the Senate as subject to
occupation; nor does il include the
power to admit members to seats not
recognized by the Constitution of the
State as subject to occupation, or, if
subject to occupation, to fill them in
manner, or by person, which the
State Constitution forhids. In other
words. that the United States Senate
may, il it chooses to do so. by the
brute force of majority vote override
the plain provisions of States Con.
stitution, and admit or reject claimant
to seat in the Senate at pleasure.
And this will be the only plea of the
Senate should it vote to seat Colonel
du Pont
The minority report has vet 10 be re.
ported, and then there may be some
further discussion before vote ia
taken, but determination Of the mat
ter is not likely to be delayed much
longer What the outcome will be the
wisest guesser cannot predict. Tho Re.
publicans, il is generally conceded, will
vote to seat Colonel du Pont, and the
Democrats will vote against his admis-
sion. The Populists will hold tho bal
ance of power, and their votes will de-
termine the result.
Much interest win be felt il the
minority report, which is being pro.
pared by Senator Turpie Of Indiana.
said to be one Of the ablest constitu,
tlonal lawyers in the Senate Tho ma
jority report Is disappointing, in that
it is partisan and eyasive of the real
Issue the right Of Acting Governor
Watson to sit as Senator while exer.
eisins the Office Of Governor. This
question is simply trampled upon and
ridden over rough-shod by the extract
from The report quoted above.