Delaware gazette and state journal., 1896-04-23

pldcei IN any falHp pOHlIlOD. suppose
the Constitution of Delaware had d
provision such as Pennsylvania has,
that when the Speaker accepts the
Office OF Governor he shall not be Sena-
tor; in a case of that kind the Senate
would be composed of eight"
Mr.. Gray--"Oh, no, they provide for
the vacancy.n
Mr.. Mitchell-"I am making a sup
posed case. II the Senate put in a
ninth man in the face of that provi-
sion, who voted in an election, the de-
cision OF tho Senate would not be bind
ing My claim is this: In the absence
OF specific clause a fair construction
OF the Constitution means precisely
that. Then in that case the Senate
consisted of eight members. II ] am
right IN my contention, that IL the
Senate had admitted ninth member
it would not be binding"
Mr.. Gray =" have stated the prop
osition as the Senator stated it; that
the State Senate cannot finally decide
as to the rights of one of its members.
lis the proposition any less Objectionable
nowY Is it not just as horrible?
Senate of Delaware Judged (determinetl
hbo'Ay Nhhh WulbOuy uul1 tlBClekl
and qualified Senator, occupying ono
OF the three seats from Kent county,
was a member, his term not having ex-
pired, which was their right under that
provision of the Constitution which
provides that the Senate shall Judge OF
the qualification and election Of it's
members, why was not their decision
finalY If not, it must he because the
Senate of the United States has right
TO determine that question for them.
And here we are at the original propo-
sition. We have not advanced hairs
breath. Why are they not competent
to iudgeY'
The Senator continued his argument
in this strain for some length. MIR.
Mitchell evidently appreciated that he
had met his master and took up news
paper and began to pursue its contents.
Mr.. Gray said the Senate of the United
States was composed of tho same class
of citizens that were in the State Sen.
ate. There was no inferiority or su.
periority. Their power was as final to
| judge of law as of fact. He asked
where Mr.. Mitchell found his authority
for the position he took that the State
Senate could judge of the fact but moi
of law. Vino tells you this, he OK.
claimed. "Who says SO? What writer
supports this monstrous proposition!
| ask the Senator now" Mr.. Mitchell,
however, did not reply.
Mr.. Gray said that suppose some one
had thought that Mr.. Watson's seat
was vacant and had caused a writ oI
election to he issued, and that the party
30 elected had presented his creden.
tials to the Senate. Wasn't the Della
ware Senate competent ia decide
whether he or Mr.. Watson was entitled
TO the seat, and are we not bound bJ
| it? Isn't that Just what the Constitu
tion provides that they shall decideY
ask the Senator fromOregon to answer. >
Mr.. Mitchell luoked up from hil
paper and said that he did not hear tn,
question. and asked that it be repeated
Mr.. Gray again stated his question, bu
Mr.. Mitchell smiled and remained ir
his seat? The force of the argumen
was 80 plainly apparent that all of th,
Republican Senators who were present
joined in a subdued laugh.
Mr.. Gray then read from numerous
cases and authorities, sutaining hi
argument beyond contradiction. II,
read from the decision of Justic,
Brewer, quoted by the supporters o
Col. du Points claim, which com
petely sustained the proposition. ii,
read from all authorities on constitu
tional law, and said he had found n,
opinion at variance with his conten
tion. He asked if Mr.. Mitchell or an,
other Senator had found a case or al
authority in support of their PROPOSE
tion. He challenged reply, hut M
ono answered him. If momber of tn
State Senate, Ee inquired, was en-
gagged in IA military or naval contract
as prohibited in the Constitution, ant
yet had voted for the election of
Senator. and the State Senate had sus
tanned his vote, would the majorit
contend that their judgment was no
final? Mr.. Mitchell, TO whom the ques
tion was directed, made no reply. Th
Senator characterized the contention q
the majority as being absurd and no
sustained by any writer. Mr.. Mitchell
flushed at this and consulted his watch
He appeared anxious for Mr.. Gray t
conclude.
Mr.. Gray, in conclusion, said that h
had occupied the attention of the Senn
tor longer than he had intended. Ii
had done so because tho integrity @
the Constitution of his State was q
| HLhhe. llo sdlu ludb dll blShb nav
been said in comparatively few words
1--WE can Judge of the procedure, bu
who arc the electors is a matter to b
determined by the Legislature itself.
Mr. du Pont was not elected because h
did not receive the majority of all {
the votes cast. This was the decisio
of the Legislature, and to reverse ths
, judgment would be to do violence TO tn
Constitution Of Delaware and to th
Constitution of the United States.