Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-02-27
DELAWARE GAZETTE AND STATE JOURNAL-wIIM


disqualified and incompetent to vote
or act as member of the Senate
of the joint convention.
This position of the claimant, Mr..
du Point, raises the most serious ques
ton in this case, which ia, as to who
can lawfully decide and determine as
to whether or not the acts of Mr.,
Speaker Watson referred TO destroyed
or suspended his qualifications as a
Senator, and by consequence as mem
Der of the joint convention,
We think that the Senate of the State
Of Delaware, whereof he was a mem
Der, is the sole tribunal which could
either hear or determine lawfully these
objections to the qualifications Of Sen,
ator Watson.
II Il Il + \ Il
If the Senate of Delaware had made
any adjudication upon the objections
alleged against the qualifications Of
Mr.. Speaker Watson, we would have
been bound by such adjudication,
whether adverse or favorable to his
title. If they made none, this does
not give the United States Senate any
authority to adiudge the case. The
jurisdiction of the two houses of the
State Legislatures, by their own au-
thority, is original and exclusive.
These constitutional enactments have
such effect as not only To make the
members of each house the judges in
each case, but also TO forbid that the
members of any other tribunal shall be
judges therein.
The evidence in this case shows that
William I. Watson, on the first Tues
day in January, 1888, held credentials
signed and certified by the sheriff of
the county of Kent, in the State of
Delaware, and by the inspectors of the
elections in said county showing that
he had been duly elected Senator from
said county at the general election held
in November, 1882, in said county, for
the term of four years that is, until
November, 1896
The record of the journal Of the
Senate of the State of Delaware shows
that on the first Tuesday of January,
1893, aforesaid, the day fixed by law
for the meeting of the General Assem-
bly,, William T. Watson, aforesaid, an
peared and presented this certificate Of
election as the credentials of his seat
and title as Senator.
tials were read and spread at large
upon the record OF that day, ami that
thereupon he, the said Watson was
sworn and admitted as Senator. Mr..
Watson yet holds these credentials; the
record thereof and the proceedings
thereupon are yet remaining, and these
credentials so remaining of record are,
as is said in the case of Clark and
Maginnis VS.. Sanders ana Power. an
absolute title, and they continue to be
full, complete and absolute title until
the Senate of Delaware has for some
cause pronounced and adiudged them
to be no longer valid.
We therefore conclude in this case :
First That il there he any questions
as to the lawful qualifications of Viii.
liam T. Watson TO act and vote as
Senator and, by consequence, as mem
Der of the Joint convention, this is not
the place, the time, or the tribunal to
either hear or determine such questions.
Second. The Senate of the State of
Delaware had paramount and exclusive
jurisdiction to adjudge such questions,
and whether they exercised such juris-
diction or not, the Senate of the United
States has no jurisdiction in the
premises.
Third. That Mr.. Watson, having
acted and voted as Senator and as a
member of the joint convention at the
time when the vote was taken under
| which Mr.. du Pont claims his election
to a seat in this body, ne is to be
| counted as a member of the Legislature
of Delaware in joint convention as
semhled; that the whole number of
members voting, being the whole num-
her Of members of both houses, was
30; that Mr. du Pont did not receive
Il majority of this whole number that
we cannot make his vote of 10 ma
| jority Of such whole number by sub
tracing therefrom the vote Of one
whose right and title to vote is not
shown by the record to have been adj.
| Judged against by the body Of which
he acted as a member.
David Turpie,
James l.. Pugh.
George Gray,
John NJ Palmer,