The sun., 1902-03-06
rHs SENATOR'S RIsHr 70 VOTE.
the Great Constitutional question Left
Unsettled by the TfIlman-MoLaurin Case.

the Great Constitutional question Left
Unsettled by the TfIlman-McLaurin case
To TIE EDITOR or The suN-Sir: Now that
the Senate has closed the Tillman-McLnrrin
episode by q vote Of censure on both OF fhe
offending Senators. concurred In by large
majority Of Senators OF both parties. that In
cident may be considered closed. But the
Constitutional question whether the senate
can under any circumstances deprive state
OF Its equal suffrage In that body by the sus-
pension Of its Senators still remains unsettled.
In view OF the fact that a similar occur
renee may at any time reopen II UNDER circum-
stances Of excitement and passion. II Is fort
unate that the resolutions offered by MIR
Platt OF Connecticut and Mr.. Turner OF WASH
lnston will probably lead TO calm and un-
prejudlced consideration and determination
OF this question.
The precedents TO which we should naturally
turn for guidance In this matter are scarce,
The decorum of the Senate has been rarely
disturbed by occurrences OF this sort. Per-
haps the only case In the history OF that body
at all similar to the recent collision is the
alteration that took place between Sena-
tors Benton and Foote on April II. 1850, dur
Ing the discussion OF the bill for the admission
OF California.
These two gentlemen had previously In
dulged In frequent recrminations in the SEN
mated In recontre that might have had a
fatal result but for the interference Of their
colleagues. Mr.. Foote. In the course OF his
remarks, made use Of the term -calumniators
In way that Mr.. Benton thought referred 70
himself. and he Immediately started toward
Foote. with the intention OF assaultlng him.
Foote retreated few steps. for the purpose.
as he afterward alleged OF giving himself
room for self-defence without injury TO third
I'LL - a A - a IL.
pistol Other Senators interfered In time
TO prevent a catastrophe. and the oombatants
were finally induced to return TO their seats.
As soon az order was restored the Senate
unanimously adopted the following resolu-
tion:
That committee Of seven be appointed TO in
vestigate tho disorder Of to day in the Senate and
that they report to tho Senate what bents the oc-
casion. and have power to examine witnesses and
take testimony.
Mr. Clay suggested that. in addition to this
action. the two Senators should be required to
90 before Magistrate and give bonds to
keep the peace or. preferably. that each OF
them should give his word to the Senate 70
that effect but Mr.. Benton Indignantly re-
fused to comply with this suggestion. declar-
ing that he would rot In jail" before he would
give any promise that would imply that he
had been guilty Of breach OF the peace.
II is to be noted that the Senate In this case
oio NOV ueeiaie 'hese senators 10 oe III Son-
tempt OF TAKE any steps 10 suspend tnen
from their functions, out merely adopted the
resolution Tor an investigation. In iact potn
Mr.. Benton ana Mr.. Foote were recognized
by the Chair after the resolution was passed.
and allowed TO make their explanations. and
Mr.. Foote had the floor for the purpose OF
continuing bis interrupted speech when the
Senate adjourned.
This case therefore differs from the recent
ora an that tha question a. m the sta,us NJ
,,,.,.ho,a af,ar ,hay hod haan doclarad IN
nan.n,s, ala ~, sr,sa In To-, aIthouah
90. .on'elnpe u'u s IIs a. o.u I,,ro 80
'no voni'.''o'o '.n uIu nv Iepv's ",n M -. oV;
no ooyec'Ion was ever ihaus 10 the I,sh' OF
these SENATORS 10 speah anu vote uurnhs 'ne
interim.
The committee In their report stated that
no similar scene had ever been witnessed In
the Senate. After giving the facts as shown
by the evidence, the committee concluded:
In the nres,nt case. under the circumstance,
In. committee forbenr 70 recommend ,nv action
20 the sens,.
-, A., ,. p.
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gentleman from Maine may recoilec,, which came
Nm in the last Congress and IL was then held that
In tb.t,