Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-12

said it was similar 10 an helrshlp to an |
estate. An heir must accept and cannot |
decline an estate lilo is designated by
law, and it ia not matter OF his
choice. lie could gay whether he would
make disposition of the estate or not,
but it's title devolved upon him uncon-
ditionally and he couldn't help him
solf. "What person must take, how
can he accept? When person IS speci-
fled by law, no cannot escape tho tenn
porary exercise of tho office. He is
designated as Speaker Of tho Senate by
the Constitution as the constitutional
heir. He can do nothing more or less
than accede to the Office. Tho maxim
has nothing to do with this case.
Mr.. Mitchell asked Mr.. Turpie il
Mr.. Watson was now Governor OF the
State.
Mr.. Turpie replied that Mr.. Watson
was not and is not now Governor 81
know tho Senator may cali him Gov
ernor," he said, "but that is only
courtesy. When man has held an
Office Of Importance he is called by the
| title for years and years. In some
States the Northumberland is
called Governor, and in my State we
sometimes call the defeated candidates
Governor. He next considered the
precedent established by the five
| Speakers of tho Senate who, after exer-
cising the office OF Governor, returned
to tho Senate, and called particular
attention to the case of Senator Polk,
who he said, certainly knew what the
| Constitution meant. He commended
| that these precedents were contem-
poraneous and practical constructions
of the Constitution. lie said that he
was very glad Senator Mitchell had
used tho word "refrain" in speaking
of the action Of the aforementioned
Speakers not taking part in the pro-
ceedings of the Legislature. :" Re-
frain," he said, no understood to mean
to have a right to do thing. Taking
Mr.. Mitchell's own statement, Mr..
Watson had a right to take part in the
proceedings of the Legislature, but re-
Trained from doing so. This brought
forth laugh, in which Senator
Mitchell joined heartily.
Senator PETER asked question as to
the Presidential succession under the
Federal Constitution, desiring to know
whether the Secretary of State would
vacate his office il called upon to as
sumo the Office of President. Mr..
Turpie replied that he thought not,
| anu diluI III biAoA hl'NE thp
question, SUSPENDED to conclude his
remarks to-day, IL possible.
Washington, March 1l.-At the close
of tho morning hour yesterday, tho
resolution of Mr.. Mitchell to seat Col.
du Pont was laid before the Senate,
and Senator Turpie resumed his argu-
ment
His speech was one of perpetual sur
prisea and different from tho former
dry and embarrassing legal arguments
which have heretofore characterized
the case. The Senator spoke earnestly
an used apt and common place exam
pies to emphasize the strength Of his
contentious. He ridiculed some of the
absurd contentious of the majority,
and called attention to statements made
by Mr.. Mitchell which were not sup
ported by law or fact This, on several
occasions, lead to discussions between
the two Senators which added keen
interest to the case. Senators Allen,
Stewart, PETER and Butler, of tho Popu-
list party occupied seats near the
, speaker and paid close attention to his
: remarks. He held the attention of the
Senators for two hours and half, but
, owing to many Interruptions was unable
to finish his remarks, SO suspended al
4. ~ until to-uay.
When the Senator suspended on Mon
day he had just answered the question
| of Senator PETER as to the succession
} to tho Presidency of tho United States
, In opening his argument yesterday hi
. referred to tho question and said tina
| he would answer it again for two rea
. sons. First, because of the close anal
y ogy of tho provisions of the act o
} January 10Th, 1856, to section H.
. article 3 Of the Delaware Constitution
{ Second, that he might give his reasonl
Q for the reply that ho made. The quer,
Q of Mr.. PETER was whether tho Score
0 tary of State when called upon to as
= sumo the duties of President woulC
= vacate his Office as Secretary under OK
{ listing laws. Mr.. Turpie answered tina
a he would not; that he would still re
0 main Secretary Of State. In support o
@ the position he assumed, he read from
It tho act of january 10th, 1856, as fol
3 lows:
q "That in case Of removal, death, re
l. signation, or inability of both tn
. President and Vice President of tn
+ United States, tho Secretary of State
v or il there be mono, or in the case of hi
o removal, death, resignation or inability
IF then tho Secretary of the Treasury, o
o il there be none, or In case of his re
= moval, death, resignation or inability
then the Secretary of War, or il ther
G be none. or in case of his removal
l. death, resignation, or inability, the
NJ tho Attorney General, or if there b
% none or in case Of his removal, death
,. resignation or inability, then the Post
IT master General, or il there be none
% or in case Of his removal, death, resig
d nation or inability, then the Socretar
10 of the Navy, or If there be none, or i
10 case of his removal, death, resignatio
n or inability, then tho Secretary of tn
1t Interior, shall act as President unit
Or tho disability Of the President or Vice
al President is removed or Presider
10 shall be elected. "
n Thus it would be seen that there migf
10 he seven Presidents during ono tern
20 He called attention to the fact that i
so the other sections Of the act the perso
le on whom the Office of President mirl
D. deyolve was not designated as Pres
Ut dent, but that the trainers Of tho statut
rs had avoided such a designation an
10 had used the long phrase ''person upo
whom the said powers and duties sha
G. devolve." He said the provisions
s, the Delaware Constitution were sim
80 lar. The person upon whom the ollit
le of Governor tevolved was not Gale
ut Governor" but ga person who sha
rs exercise the Office. 2" AS an argumeI
@, in favor of his contention that the Sc
er rotary of State did not become Pres
no dent, he used this example; "Und
or the Constitution the President can al
n point the Secretary of State. Now,
cs tho Secretary OF State vacated his oliit
10 unon assuming the duties of presidel