Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-12
MITCHELL TALKS FOR DU PONT
Close of the Oregon Senator's
Argument.
HIS VIEWS OF THE CONSTITUTION
Taking the Governorship Made
Senate Vacancy.
6is Argument Compared to Doublo-bnr-
rolled Gun MIR. George Says A. Was In the
Line OF "Hends Win, Tails You Lose''.
Frum our wAahlnrton correspondent.

Washington, March 6-The Senate
adjourned yesterday until Monday, 30
the final disposition of the resolution
to seat Col. du Pont will be further
delayed.
There were but five Republican mem
beers in their seats in the Senate when
Mr.. Mitchell resumed his argument
yesterday. Col. du Pont and ex-
Senator Higgins were present, but did
not remain during tho whole of the
speech. Considerable interest was
shown on the Democratic side during
all of Mr.. Mitchell's remarks. Sena-
tors Gray, George, Turpie and Hill
paid especial attention TO the words Of
the speaker and would occasionally rise
to ask a question relative TO interpreta-
tions by the majority of tho committee.
When Mr.. Mitchell suspended, We'd
nesday, he had under consideration the
question as TO the right of the United
States Senate TO inquire into the quail
fications of member OF the State
Legislature, and tho greater part Of
the two hours he occupied the floor
yesterday was given TO this question.
He said tho minority contend that the
United States Senate has no right to
inquire into the qualifications Of Gov.
WATSON Hh III HIS IlBHlhs
IL this view was correct, the Senate
stood helpless and prohibited from in
quiring into tho principal point in
volved in the case. He combatted this
contention and said that while the
Delaware Senate had the exclusive
right to judge of the Publications and
elections of its own members, that this
right extended only TO the constitu-
tional qualifications of tho member and
that decision by the State Senate on
points of fundamental law would not
be binding or preclude the United
States Senate from inquiring into tho
facts, or to take an opposite view.
There were four constitutional quail.
fications necessary before a person
could become member of the Della.
ware Senate, namely; first, he must be
27 years of age; second, he must have
in the county in which he shall be
chosen, a freehold estate in 200 acres
of land, or an estate in roal or personal
property to the value Of 1000 pounds
third, he must be citizen and in.
habitant of the State for three years
next preceding tho first moeting of the
Legislature after his election; anG
fourth, he must be an inhabitant oI
the county in which he shall DO chosen.
As to these qualifications the State
Senate had PROFESSIONALLY the ex
elusive right to judge; but that thu
executive power of the Delaware
Senate does not extend so far as to ex
clude the United States Senate from
passing upon the constitutional dis
qualifications of member of the body
Therefore, even il the State Senate die
pass upon tho qualifications of Mr.
Watson, the question involved wa
upon construction of fundament Ia
law. and so that action would not pre-
elude tho present inquiry into the fact
by this body.
Senator Platt Conn. J, here inter
rupted the speaker, and suggested tina
Mr.. Mitchell was going even farthe
than the majority Of the other nom
beers Of the committee, as no for on
thought that the United States Senat
would have right TO inquire into tn
facts relating to the election of mem
Dor of the Senate, no matter il tn
State Legislature had passed upon tn
qualifications Of member, who, b,
his vote prevented an election.
Mr. Mitchell replied that that con
struction Of tho rights of the Unite'
States Senate was going farther tina
he cared to go. He said: II do nov
concede that il tho Delaware Senat
should admit person to seat as
duly qualified Senator, who was unde
tho necessary age of q years, an
there was nothing on the face of tn
record to show what his age was, the
this action would be conclusive.
the Senate should seat person who's
age was less than 27, and the recor
showed that such was the case, tina
they had seated him because tn
county he was from should by right
be represented, and that they ha
given him seat for that, or som
eimilar reason, then they would /
dealing with constitutional law an
their conclusions would not be absC
Lutte.
He commended that any judgment b
the State Senate as to tho right of
person to seat must relate to so;
subject to occupancy, and their dl
cision as to the constitutional qualif
cations of the party would alone
binding on the United States Senat
and that any question of fundament
law which might be decided would nj
be conclusive.
The Senator again outlined the arg
meut he had made, pointing ont IL
facts which no said he thought he ht
clearly demonstrated beyond the pow
of contradiction.
Mr.. George miss. asked whctho
according to the Interpretation of Il
majority, Speaker Watson, upon assam
ing the office of Governor, absolute
vacated his Senatorial Office, or was
merely suspended from the function
thereof
Mr.. Mitchell replied rather heated
that he did not have the slighte
hesitancy in freely and fairly witho
reserve, explaining clearly the stand
had taken on the case If, he sal
the case was before the Senate in d
early stage of the State Constitutio
with 90 presidents or usages to thru
light upon the meaning of the vario
clauses, he would have no hesitati
whatever in holding TO the WOW tn
on the ascension to tho Governorshi
mot only the Office of Speaker. but al
the office of Senator, would becol
ipao facto absolutely vacant III
would undoubtedly be the result of
common law rule. at is, " he sal
"the true and proper construction
the Delaware Constitution. But VIII
that is so, confess there is 40
doubt as to that question now, Col
to the extent as to whether the oil
becomes absolutely vacant or is 3,
pended and held in allegiance, | thi
that the express conditions of
Constitution, as we'll Ms all of the oil
clauses, firmly establish the fact ii
there are two constructions:
FirstEither that the Office
comes absolutely vacant; or,
"Second-That the right to eSerc