The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-27
DEBATE ON THE QUAY CASE
SENATOR TURLEY OPPOSED TO
SEATING THE PENNSYLVANIA.
Constitutional Argument Against the
Right of the Governor to Make APP
pointment-Thc Hawaiian Bill.

| WASHINGTON, Feb. 26.-Formal discus
| sion of the right of former Senator Quay
| to a seat in the Senate as a member from
| Pennsylvania was begun to-day by Mr..
| Turley of Tennessee. He presented con-
| stitutional argument against the seating
| of Mr.. Quay, which was given close atten-
ton by his colleagues. He will conclude his
/ speech tomorrow. Consideration OF the
Hawaiian government bill brought out a
! lively discussion between Mr.. Tillrnan and
| Mr. Spooner, in which the former adj
mitted that ballot boxes had been stuffed
and negroes had been shot in the South to
! maintain white domination. An amendment
was made to the bill striking out the prop
erty qualification on voters for members
of the Legislature, but little other progress
was made.
Mr.. Turley, during his speech on the
| Quay case, said: "If there ever was a case
in which the Governor OF a State was, UNI
der the Constitution. without power to fill
| vacancy, this was one. The action of the
| Governor was in the teeth of every provi-
| sion of the Constitution bearing on the
| subject" He pointed out that the vacancy
| had occurred during a session of the Leg
/ islature. The Legislature remained in ses-
| sion some time after the vacancy existed.
| yet ii had failed to fill the vacancy. and
| Immediately on the adjournment of the
| Legislature the Governor had appointed
| Mr.. Quay.
| Mr.. Turley agreed that the representa-
| ton in the Senate from each State ought
| at all times to be kept full, but he did not
| believe the trainers of the Constitution had
| intended deliberately to confer on some
| body else the duty TO fill the vacancy in
/ case the Legislature failed to perform it's
duty. Mr.. Turley declared that the place
| where our system breaks down was where
the Legislature and the people failed to
| perform their duty. lie pointed out that
| the Legislature of Pennsylvania was in ses-
| sion almost two months while the vacancy
existed and yet had failed to perform its
/ sworn duty.
Mr. Turley then entered upon a technical
| discussion of the provision Of the Consti-
Senate. during which ne called attention
to the "disgraceful contests which are
| now becoming so common"
| Does not the senator absolutely lose
| sight of the fact inquired Mr.. Penrose,
| that in some legislatures there exists an
count of the large representation in in the the
| Legislature of three or more parties, rem
dering it impossible for one candidate to
secure majority of the LEGISLATURE?
ON PERSONAL GROUNDS.
| 'I say that the belief that this Senate is
|
| legal and constitutional grounds, but upon
| personal grounds purely, responded Mr..
Turley, "has greatly to do with the num-
| Der of contests brought here Let it once
be understood that these are not personal
questions and the bringing of contests will
soon cease. In my experience cannot now
recall an honest division of a Legislature
| on party lines. There are nearly always
three or more ambitious candidates of the
! same party who create all the troubles"
| Further along, Mr.. Turley said, in reply to
| questions: "In not one single instance in
| seventy-five years has senator been adj
| mitted here VINO was appointed by the
| state executive after the Legislature had
| had an opportunity to elect, and never, in
| .ne history OF the government, has a can
| didate been seated when the vacancy oc-
| CURED during the session Of the Legisla-
| ture."
| At o'clock, by unanimous consent, the
Quay case was postponed and the Ha,
| several MINOR amendments and one strik-
! ing out the property qualifications clause
| of those who desired to vote for represen-
| tatives and senators in the Hawaiian Leg
| Slature.
Mr.. Tillman argued that his amendment
| Constitution in South Carolina was, in all
senses, better provision than that offered
by the committee reporting the bill; Mr..
| Tfllman said: The people of South Caro-
lima, in their Constitution. have done their
level best to prevent the niggers' from
give the Kanakas and Portuguese of the
| Hawaiian islands the same power OF
sunrase as we In South Carolina have CIV
| en- the 'niggers.
In reply to a question of Mr. Spooner
Mr.. Tillman said that 500 property qualifi-
cation had been put into the South Caro-
lima Constitution. for the benefit of the
negro. mo provision was needed for the
whites" said Mr.. Tillman. because the
whites would get through anyhow. We
4 NM in hn 81
| treatment of the niger
In brief, temperate speech Mr.. Spooner
| deprecated discussion at this time of the
4 racial question which had been precipi-
| tated by Mr. Tillman. III the senator
from South Carolina" said MIR. Spooner,
| wants a debate on this question he can
have 1T. l have respect for the senator and
| regard for his ability, but this is not a
proper time for a discussion of the ques-
| ton. The senator has said that the people
| of South Carolina have sedulously excluded
ing their purpose through the State Con-
| stitution, but they did not always do it by
| constitutional amendment"
| APPEAL TO TILLMAN
Adverting to the pending amendment OF
Mr.. Cullom, Mr.. Spooner said: ct don't
like a property qualification for voters.
There is something of reason in an educa-
tional qualification, but manhood suffrage
is one thing and dollar suffrage is quite an
other. l do not know what may be done
by Congress with the islands acquired, but
as TO the islands of Hawaii there are men
there who can read and write, and I'll not
vote for proposition 10 exclude vote OF
any because he has not property
| qualification. He then appealed to Mr.
Tillman TO lay aside the bloody shirt
Mr.. Tillman replied that his only reason
for rehabilitating the bloody shirt before
| IL was finally and lrrevocably laid to rest
was that he wanted the position of the
| Southern people to be understood. He was
tired of the taunts and sneers at the
Southern people. After declaring that in
every Southern State except South Caro-
lima the 'niggers had the balance OF power
he added: LAS such they stand there as a
menace to pure suffrage and to good gov.
eminent. because they are a purchased BILE
quantity. educated or uneducated. We are
charged with fraud and corruption and
ballot-box stuffing. Finally. after the bay.
onets had come TO us again in 1876, we rose
| in righteousness and right. We took the
government. We stuffed ballot boxes. we
bulldozed the 'niggers' and we shot 'em
And we are not ashamed of it,
| Leaning over toward Mr. Spooner and
shaking mis- finger at the Wisconsin sen.
| ator, dr. Tillman said: What woulu yor
| have done? You would have done the
same thing. see II in your eyes" Laugh
teri
Tho amendment offered by Mr.. Cullon
was finally adopted. So. too was the
amendment of Mr.. Plat. of Connecticut
which has been pending for several days
relating to the appointment and tenure OF
the Offices OF the judges OF the Hawaiian