Delaware gazette and state journal., 1896-02-13

Ing tne OUlce OF GpVefn0r, served out
their respective terms in the Senate,
would be conclusive that there was no
vacancy. But the weakness of their
own case is further admitted in their
reply, on pages IL and 10, in such a
manner as to preclude any further ques-
tion as to the existence Of vacancy.
This remarkable paragraph we will
quote in full to show their position on
this question. They say: "Mr du
Points position has been and is that,
upon the accession of Mr.. Watson to
the office Of Governor, his tenure Of
the offices Of Senator and speaker abso-
lutely ended; that he had neither the
right to exercise those offices, during
his tenure of the Office of Governor,
nor the right to resume either of them
when he ceased to be Governor: that
the interpretation given to the Della
ware Constitution, by the State Senate,
when Messrs. Rogers, Rodney, Sykes
and Stout were permitted to resume
the Office OF Senator, at the expiration
of their incumbency of the Office of
Governor, was an erroneous interprota'
tion of that instrument. But he insists
that IL it be the true Interpretation of
the Delaware Constitution. that it does
not, upon the Speakers accession TO
the Governors Office, absolutely vacate
his Offices of Senator and Speaker, but
only prohibits his exercise of those
offices, during his incumbency of the
Office of Governor, and If, therefore,
the Delaware Senate correctly inter
preted the State Constitution, when it
permitted Messrs. Rogers, Rodney,
Stout and Sykes to resume the office
of Senator, their subsequent exercise
of the Office of Senator was in harmony
with the Constitution, not because
they had continuously held the Office,
while holding the Office of Governor,
but because the effect of the constitu-
tiopal provisions was to permit them
to resume lite exercise, after they
ceased to hold the Office of Governor -
We must pause TO ask the members
OF the United States Senate to read the
above paragraph carefully, and then we
would ask whether any further evidence
than this frank admission is necessary
to show that no vacancy existed. We
are only astonished that counsel of such
| eminent ability should advance prop
osition SO monstrous il it were not SO
absurd. III requires presumption born
of desperation for counsel to say to the
world in general, and to the people of
Delaware and the members of the
| United States Senate in particular, that
| the people of Delaware, who framed
their own Constitution, and have lived
under it and construed it without ques-
tion for almost century, did not know
| its meaning, and that it required the
4 wisdom of counsel at this late day to
discover the error of their ways, and
to inform them that such construction,
during almost century, was an
"erroneous interpretation" of their
| Constitution. Such proposition is
so monstrous an attempt 10 subyert the
| inherent rights of the people of Della
ware, ard is SO palpable perversion of
the rights guaranteed to them under
the Constitution of the United States,
| that we do not believe that the mem
bers Of the United States Senate can
seriously entertain such a proposition,
and much less should we fear that they
will carry it into execution. Such
action, il adopted, would be the bold
substitution of the will Of a majority
Of the members Of the United States
Senate for the will Of the people of
| Delaware, in a question concerning
only themselves and not involving any
clause OF the Constitution Of the
United States, which alone can give the
United States Senate jurisdiction.
Such usllrpation, If contemplated, would
indicate deliberate purpose to strip
| the States of tho Federal Union Of the
last vestige of right and power which
was so expressly reserved to them in
that solemn instrument which they
| themselves framed.
With the convincing facts from tho
Senate journals, and the admissions of
/ ,,,,,,autprf fnttncaI IN uhnNy hut
| there is no vacancy when Speaker of
the Senate exercises the Office of Gov
eruor, would tho Senate Of the United
| States, for moment entertain the prop
osition to declare vacant the seat OF one
of its members who did not draw his
salary for work which he had not per-
formed? Or. would the Senate of the
United States, under such circum-
tancss, undertake to construe Sena-
tors absence from that body for six
months, or a year, as suspension of
his functions? Such questions simnly
have to be asked to furnish their own
answer.
There have been 10 cases in the his
tory of Delaware where Speakers of the
Senate or House of Representatives
have exercised the ofiics of Governor,
and the construction of the Constitu-
tion on the questions at issue has been
uniform and without protest. In no
case was vacancy declared in the
office of Senator although the Consti-
tuition specifically commands that all
vacancies existing in the Senate shall
be- filled, and we have shown from the
reeords that the Senate took cognizance
Of all vacancies that existed and filled
them. OF these ten Governors, five
OF them, Messrs. Sykes, Stout, Rodney,
Thomas and Polk, resumed their seats
in the Senate after exercising the office
of Governor and filled out the terms
for which they were originally elected.
The only reason why MesHra Rogers,
Temple and Salisbury, did not resume
their Senatorial seats, is because their
Senatorial terms had expired before
they ceased to exercise the executive
authority. Mr. Watson 8 case also comes
in the latter class, as he will continue
to exercise the Office of Governor more
than two months after his Senatorial
term will have expired. In MIR. MaulPs
case, death cut short his Senatorial
term while he was acting as Governor.
This accounts for all of the precedents
which have happened under our Con
atitution.
In the light of these facts we again
assert that the records absolutely and
conclusively prove that no vacancy
exists in the Delaware Senate when the
Speaker of that body exercises the office
of Governor, and we challenge and
defy counsel for Col. du Pont, or any
ono else, to produce any convincing
evidence 10 refute that proposition and
to impeach the truth Of the facts which
| ma etIhn1it