The Delawarean., 1900-05-02
STATES DEPRIVED
OF STATES RIGHTS
Why Senate Has No Right to Keep
Out Full Representation
i'm Congress.
SENATOR KENNEY DEFINES
HIS IDEA OF A FULL SENATE
sideration of the Quay Case and
Favoring the Seating of An
Appointee of the Governor
Where There Is An Ex-
isting Vacancy.

Mr.. President: l approach the con-
sideration of this subject with no hope
that anything l may say will throw
light upon question that has for more
than a century been argued by the
ablest and most distinguished lawyers
of the Republic; and were it not for
the fact that cast my vote against the
seating of Mr.. Corbett upon the ap-
pointment of the Governor of Oregon,
should not now detain the Senate. In
justice to myself, however, feel that |
should explain whyI could vote against
the seating of Mr.. Corbett and yet vote
for seating Mr.. Quay
The full term of the Hon. Matthew
Stanley Quay, senior United States
Senator from Pennsylvania, expired
on the Srd day of March, A. D., 1899,
while the Legislature of that State
was in session. At the beginning of
said session a concurrent resolution
was offered in the Senate fixing the
time for adjournment on the goth day
of April following. This resolution
unanimously passed both houses. 1t
then became a standing rule of the
Legislature and could not he changed
except by two-thirds vote.
On the evening of January 8, 1899. a
Republican caucus WAS called for the
purpose of nominating person to he
voted for as the Republican candidate
for the office of United States Senator.
AT this caucus several candidates were
voted for. but Senator Quay, having re-
ceived SO out of the 109 Republican
votes present, was unanimously de-
clared the caucus nominee of the Re-
publican party.
Under the act of assembly of Janu-
airy II, 1867, regulating the election OF
United States Senators, the legislature
proceeded to ballot on the third Tues
day of January, 1899, and continued tc
ballot each succeeding day until the
legislature adjourned on the goth oil
April, as aforesaid. Inasmuch as none
of the candidates received a majority
of the votes cast, no election resulted
Seventy y-nine ballots had been taker
when the legislature adjourned with.
out day on the date above mentioned
On the 21st day of April, 1899, the leg
islature having adjourned without al
election of a United States Senator ,th,
Governor, under the provisions of Sec
tion of Article II of the Federal con
stitution, appointed Mr.. Quay to fiji
the vacancy until the next meeting 0
the legislature.
II has been urged by some that
Senator who voted against the seatinj
of Mr. Corbett, the appointee of th
Governor of Oregon, could not vote fo
the seating of Mr.. Quay and be consis
tent. This I deny. 1t is never ineon
sistent to be right. In the Mantl
u case in 1898, 20 Senators voted favor
ing his claim to "a seat and 80 against
: and his claim was like the present one
E Some Senators who voted for Mr.. Man
, tie voted against Mr. Corbett in 1895
but his case was not like the presen
{ one. as I shall endeavor to show
u There are Senators who voted agains
Mr.. Corbett who will vote for Mr.. Qua
and are not inconsistent. I desir
that the votes in the Mantle and Cor
bett cases be printed as a part of m
o remarks, and that the politics of eac
9 Senator be indicated
e The case of Mr.. Corbett is, in man
:, essentials, different from that of Nj
Quay. In the Oregon case there ha
: not been any organization of the Hous
of Representative of the State, an
there was no Legislature able to elec
After many weeks in a vain attemI
to organize, the Legislature, or wha
there was of it, adjourned, and, ther
having been no election of Senate
to fill the vacancy caused by the e1
piration of the term of Mr.. Mitchell
Governor Lord appointed Mr.. Corbet
who appeared here asking TO be given
seat on that appointment
His credentials were referred to th
Committee on Privileges and Elections
and after consideration the committe
made to the Senate two reports-on
the majority report, recommendin
THAT he be not seated, and the othe
the minority report, favoring his CLAIM
, Without reference to the findings of th
| committee, it was notorious fact thu
| the failure of the House of Represer
| tatives of Oregon to organize was du