The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-24

to be made in secret and not on this
| fioor?" I.
I'm making this charge" Mr. Plat re-
| piled. the Senator from New Hampshire
| makes one which If true disgraces six
| teen Senators who voted against Mr. Cor
bett of Oregon. and brings dshonor upon
| this Senate. / do not believe It No enemy
| of the Senate, no newspaper which likes
| to cast aspersions, no outsider who is
constantly seeking opportunities to malign
public men. could say that the votes of
sixteen Senators were cast against Mr.. Cor
hett because he was a supporter of the gold
standard. Such a charge will only afford
| opportunity for criticism of the Senate
| which will be unjust and unwarranted.'
In a subsequent reference to the Cor
bett case, Mr.. Plat said that the Quay
case presented no features or points that
had not been presented in the former and
that the decision, being adverse to right
to seat. was sacred and binding, as the
judgment OF high constitutional court
Mr.. Hoar argued against applying to the
Senate the principle OF stare decisis. When
Senators believed, he said. that a case
had been decided in violation of con-
stitutional right and that the decision was
influenced by political consideration (as in
the Corbett case), it was their solemn duty
not to be bound by it. The Supreme Court
of the United States, he said. had more
than once overruled its old opinions.
Mr.. Platt asked, scofIingly, whether Mr.
Hoar believed that the Senate of today
was more virtuous than the Senate which
had decided again the COrbett case. Did
he believe that Senators were going to act
with him now on honest constitutional mo-
tives who had failed to act with him then?
10 In1 hat 70 IT1afg r1nV
would be to reverse the settled decision of
the Senate.
The Senate on Trial.
THE Senate" Mr.. Platt went on. ''is at
trial at the bar of public opinion. This
case is known throughout the length and
breadth of the United States and it is
known that it resembles. in every particu-
lar, a case that was decided here two years
ago by vote of so to 19 adverse to a seat
under a Governors appointment. And the
people will want to know why the Senate
changed front in this respect.
do not" he exclaimed "overturn what
has been already settled in this Senate,
or nothing is ever to be regarded here
after as settled. o. If the former decision of
this Senate shall be reversed the people
will have a right to ask, and will not be
Slow in asking. on what ground this re-
versal rests. And If the present claimant
voted or was paired to vote only two years
ago that Mr.. Corbett was not entitled to
the seat, and now comes here with no
stronger case. but with precisely similar
one, and asks to be seated. If the Senate
seats him the people will desire to know
why II was done; and thereafter If any
one desires to aim a shaft of satire against
the incompetency. favoritism. and partial
ity of the Senate he will find the material
for 1t in this action
Mr.. Kenney said that as he had voted
against Mr.. Corbett and intended TO vote
for Mr.. Quay he wished to present his
reasons and he proceeded to read a pre-
pared argument on the subject.
In reply to a question by Mr.. Tillman,
Mr.. Kenney gave it as his opinion that If
the Senate seated Mr.. Quay the Demo-
cratic Governor of Delaware would ap-
point Senator from that State.
Mr.. Quarles argued against Mr.. Quays
right although he admitted that 'if the
angel Gabriel were to appear in the Sem
ate in the livery of heaven and speak with
angelic sweetness it was doubtful whether
he could change vote in the case" If
all precedents, he said, were to be swept
away every future case of the kind would
have 10 be argued de novo and would be |
decided by personal preferences.
MIR. Quarles characterized Mr.. Chandler's |
construction of the words in the Constitu- |
tion about the happening of a vacancy as |
'acrobatic, muscular. and athletic" and |
quoted an elementary law writer as say |
ing that where sentence is plain and un- |
there no such thing as |
construction, and that in such case in |
depreciation degenerated into imperti- /
nence and construction became casuistry. |
Mr.. Quarles then entered into an ex- /
tended discussion of the meaning Of the |
appointment clause" of the Constitution, |
and declared that though the convention |
that framed that document did not foresee |
the. deadlock, and deviltry and intrigue
that would eventually put their scheme |
to the test they made ample provision
Tor the one emergency OF vacancies occur
ring when the Legislature was not in ses-
sion.
The second provision" Mr. Quarles
which is peculiar to this case
IS that the appointment of Mr.. Quay was
made in contravention of law. Up to this
time in this discussion IL has been as
sumed. sub silentia, that the provision
Of the Pennsylvania constitution for fire.
luent sessions of the Legislature 20 fill
Senatorial vacancies was wholly a State
regulation, and that the disobedience of
the Governor was exclusively a matter of
State concern that had no logical or legiti-
mate bearing upon the case now before
the Senate.
a Sharp Issue Raised
Il wish to direct the attention Of T. e
Senate to the claim that this local consti-
tutional regulation has to respect and
here. The appointment made
by the Governor OF Pennsylvania has raised
a sharp issue with the organic law of his
State. He is claiming. under the Consti-
.ution of the United States-afs l think
we shall find that the State regulations
or filling vacancies in the upper house of
Congress arose out OF Federal necessity
md are bottomed upon Federal authority
hat they are not to be ignored in this
iebate nor brushed aside at the will of a
State officer.
Now, suppose the very language of the
constitution had been en-
)loyed by act of Congress in making regu
ations for such election and the Governor
1f Pennsylvania had openly def1ed such
aw by refusing to issue his proclamation,
ind had assumed to make a temporary ap-
1ointment. How many Senators on this
ioor would vote to seat his nominee and
so deprive the Legislature of its lawful
junction?
Congress is concerned In the integrity
1f the whole scheme over which il pre-
'ides and for which it is responsible. and
he provision that the Legislature of Penn
;ylvania shall be convened to fill all