The Delawarean., 1900-05-02

friends, and that influences other than
arguments were used to accomplish
This end. So that Mr.. Corbett came to
the Senate under the appointment of
Governor Lord, after having prevented
the organization of the Legislature,
and for the reason and with the pur-
pose that thereby he would prevent the
election of a successor TO Mr.. Mitchell
and secure to himself the appointment
for two years by the governor.
Had the Oregon Legislature organ
Iized and elected Mr. Corbett, he having
used the same means to secure an cleo
tion which he used to insure his APP
pointment by the governor, this Senate
rightly so as it did in refusing him a
seat on the appointment of the govern
or. Not all who voted against seating
Mr. Corbett were governed in their ac-
tions by that view of the Constitution
taken by those who to-day oppose the
seating of Mr.. Quay, and Those who
voted against him on the grounds
laid down above will be en-
tirely consistent in voting TO
seat Mr.. Quay I am frank to admit
that it was the former and not the lat
ter reason which controlled my action
in the Corbett case.
Were the charges against Mr. CorDett
not true and my vote against him cast
wrongfully, whether from view OF the
Constitution or not, feel that to vote
in the present case against Mr.. Quay
for the sake of being consistent, when
against my clear and fixed convictions
as to the right of the matter, could not
be defended or justified on any ground.
In the case now before the Senate
there is no charge against Mr.. quay,
and by all it is admitted that the sole
question is: Was the appointment OF
Mr.. NJ. S. Quay by the governor of
PENNSYLVANIA legal or not? and is,
therefore, wholly a legal and Constitu-
tional question
The answer can only be found in a
lust and proper construction of the
Constitution, and political convictions
cam not and must not enter into its
consideration. Former action by the
Senate in cases like the one now under
consideration can mot be held to bind
: members of the present body, for the
reason each Senator is bound under his
oath to support the Constitution, and
he alone is to pass upon its meanings
as understood by himself another's
construction is mot to bind him mol
furnish him with an Interpretation con-
trary to his own understanding of thai
instrument.
The Senate owes its existence to the
Constitution. and the mode of choosing
} the members thereof and of filling
E vacancies is alone prescribed by thai
instrument.
Section of Article of that Constl'
tuition provides that
L "The Senate of the United States
shall be composed of two Senators
from each State, chosen by the Legis
ldture tlefeOI IOT SlA yedlS'
II was obvious, however, that vacan
Il cies might occur which would defea
: the intent of always having two Sen
: ators from each State, and therefore w
I find in the same article this furthe
: provision:
u If vacancies happen b.
resignation, or otherwise, during tn
a recess of the legislature of any State
3 the executive thereof may make TEN
= porary appointments until the mex
u meeting of the Legislature, which shal
> then fill such vacancies.
L The governor of Pennsylvania de
Ie rived his power. if any he had, to max
+ this appointment to fill the vacane
u from this clause of the Constitution
g and on its just construction rests tn
answer to the question.
O. In considering this clause we mus
II seek for the intent of those who mad
V. IT, We must not lose sight of the fac
st that it is the Constitution, the organi
y 'aw of the country; that it was no
= made 10 cover details, but by genera
7 provisions to extend over hundreds 9
= wears and thousands of cases, the oil
- ferences in which could not be fore
seen. Construction does not mean t
y hinder, but to help; and the law chare
=, es us to remember this is seeking tn
~ general intent and purpose in the con
. struction Of the Constitution.
= Chief Justice Gibson of the suprem
:, !, court of Pennsylvania, in Common
,. wealth VS.. Clark e W. & s., page 1873,
"a said;
ie "A Constitution is not to receive
- technical construction like common
:, law instrument or statute 1t is to b
= - interpreted so as to carry out the gres
= principles of the government, not
defeat them"
The court of appeals of New York, !
ie The People VS.. Fancher (5O New Yorl
~ page 293), said:
y "Indeed, the science of words alor
% -, ,,oE oonfrn1 in tha ron qtr1Irtion Il