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

1 to cast aspersions. no outsider who is
/ constantly seeking opportunities to malign
/ public men. could say that the votes Of
I sixteen Senators were cast against MIR. Cor
/ heu because he was a supporter Of the gold
. standard Such a charge will only afford
/ opportunity for criticism Of the Senate
. which viii be unjust and unwarranted."
] In a subsequent reference to the Cor
/ bett case. Mr. Platt 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 a 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 tas in
/ the C0rbett easel. 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 scofingly. whether Mr.
I Hoar believed that the Senate of today
was more virtuous than the Senate which
1 had decided again the C0rbett case Did
I he believe that Senators were going to act
with him now on honest constitutional mo-
/ tives who had failed to act with him then?
He argued that to admit Mr Quay now
would be to reverse the settled decision Of
the Senate.
The senate on Trial.
The Senate" Mr.. Plat 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 a vote Of so to 19 adverse to seat
under a Governors appointment. And the
people viii 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. 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 il 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 It 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 IL 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 pre-
pared argument on the subject.
In reply to a question by Mr.. Tillman,
Mr.. Kenney gave il as his opinion that if
the Senate seated Mr.. Quay the Demo-
cratic Governor Of Delaware would ap-
point a Senator from that State.
Mr.. Quarles argued against Mr.. Quay's
right although he admitted that If the |
angel Gabriel were to appear in the Sen
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 to be argued de novo and would be |
decided by personal preferences.
Mr.. Quarles characterized Mr. Chambers |
construction OF the words in the Constitu-
ti0n about the happening Of a vacancy as |
acrcbatic, muscular. and athletic" and |
quoted an elementary law writer as say /
ing that where a sentence is plain and IN
ambiguous there was no such thing as
construction, and that in such a case in
depreciation deganerated 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
aud declared that though the convention
hat 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 /
.or the ore emergency Of vacancies occur
ring when the Legislature was not in ses-
sion.
The second provision" Mr.. Quarles
continued, which is peculiar TO this case
Is that the appointment Of Mr Quay was
made in cOntraventiOu OF law Up to this
time in this discussion II has been as
sumed, sub silenta, that the provision
II the Pennsylvania constitution FOR fire.
luent sessions Of the Legislature 20 hll
Senatorial vacancies was wholly a State
-egulation, and that the disObedience Of
he Governor was exclusively a matter Of
State concern that had no logical or legiti-
nate bearing upon the case now before
he Senate.
4 sharp Issue Raised.
q wish to direct the attention Of the
senate TO the claim that this local consti-
utional regulation has to respect and
here. The appointment made
ly the Governor Of Pennsylvania has raised
sharp issue with the organic law Of his i
state He is claiming. under the Consti-
ution Of the United States-arSs l think
We shall find that the State regulations .
or filing vacancies in the upper house Of
congress arose out OF Federal necessity
nd are bOttomed upon Federal authority
hat they are not to be ignored In his
ebate nor brushed aside at the will Of a
itate officer.
NOW, suppose the very language Of the
'ennsylvania constitution had been en-
oyed by act Of Congress in making Tegu- ]
atoms for such election and the Governor
4 Pennsylvania had openly dehed such ,,
aw by refusing 10 issue his proclamation.
nd had assumed to make temporary ap-
ointment How many Senators on this
I0or would vote to seat his nominee and !
10 deprive the Legislature Of its lawful |
JUNCTION?
Congress is concerned In the integrity
4 the whole scheme over which il pre- I
ides and for which it is responsible. and
he provision that the Legislature of Penn
ylvania shall be convened to fill all
enatorial vacancies Is a part Of ii"
Mr Quarles maintained that the Penn |
ylyauia election regulation is in exact {
ccord with the spirit of the Constitution '
nd that Congress is under an obligation q
o enforce f. q
The convention" D." he said. after mature |
CELEBRATION, determined that Senators q
hOuld be chosen by the Legislature ard '
bat this power should not be entrusted 8
o any other body or tribunal, nor yet 10 !
be people. Whenever therefore. an op- j
ortuuity is afforded for the Legislature
o an a vacancy. the purpose OF the Con-
tituJi0n and the best interests Of the !
'ui0u are promoted '