The daily Republican., 1902-11-18
DELAWARE In
THE US. SENATE
Little State Has Been Repre-
sented by a Number of
Able Men.
SOME EMINENT LAWYERS.
Strong Representatives Gen.
orally Were Sent to the
Upper House of
Congress.

matter Of the Blue Hen states nom
,; representation In the Senate OF the
United States is apparently, In view
of the recent election of legislators, as
far from solution as ever" says a
correspondent.
''That the seats in the Senate
chamber which have been so ably and
brilliantly filled from the foundation
of the Government by DeIawareans
should be kept vacant under present
and lately past similar circumstances
is not conducive to state pride.
s, "Delaware has had fifty two Unit
ed States senators in class | and fifty
three in class 9. TIE break IN her
representation in the Senate came
with the retirement OF Anthony Hig.
gins, her first and only Republican in
the Upper House Of Congress under
the present division of parties. from
the Senate in 1895. Two years before
Senator George Gray had been re-
elected, and he left the Capitol in
1899. The roll of the Diamond State 5
senators contains the names of many
Blue Hens chickens who ach leved a
national reputation and had much to
do with making and unmaking ma
tiunal history. The state has almost
uniformly sent her strongest mM to
Washington, and it is to be remarked
that not a few of them were chief
justices OF the state, and the great
majority of them we're lawyers Of en-
inence. George Read and Richard
Bassett wereDthe Delaware senators
In the First and Second Congress ses.
And at the outset the closeness OF the
tie between Maryland and Delaw are
is seen. Read was a native Of Cecil,
born in 1872, and when admitted to
the bar began practice at Newcastle,
In colonial days, when Delaware was
known Us "The Three Lower Counties
upon the Delaware" Read was at
terney general Of the province. lie
served In the Continental Congress
and vas president Of the Delaware
Constitutional Convention Of 1916,
and a delegate to the Federal Crnsti-
tulional Convention Of 1871. He sat
in the State Legislature AMI on the
bench of the Court of Appeals, and
was chief Justice of the state from
1893, after his resignation from the
United States Senate, until his death,
in 1898. Ills Successor, Chancellor
Kensey johns, is noted in political
and legal annals through the refusal
OF the Senate to seat him upon Ger !
tiicatc Of appointment from Coy
Joshua Clayton.
IiENSEY JOHN CASE.
The ''Kensey Johns case eStab-
lished precedent which was, cur
iously enough, never given the
binding force of fixed rule of SEN
ate procedure until recent yoirs.
Johns was appointed March 10,
'1794, and nine days afterward the
Senate, by vote of twenty to sew
on, declared that he was not euti-
tied to the vacant seat because a
session OF the Legislature had in
tervened between the resignation
of Read and the appointment by
the Governor. The "kensey Johns
case" is the leading on, on the now
undsputed question Of the right Of
a state executive to appoint a Uni
ted States senator when the LeGis-
lature has failed or refused to fill a
vacancy. The seven senators who
held otherwise in the Third Con
gress were Richard Potts, of Mary
land John Nining, OF Delaware;
Ralph lizard, of South Carolina;
Robert Morris, of Pennsylvania;
John Rutherford, Of New Jersey;
Caleb Strong, of Massachusetts;
Theodore Foster, Of Rhode Island.
On the other side were James Mon. {
roe and John Taylor, OF Caroline,
Virginia; William Bradford, Rhode
Island; John Brown, John Edwards I
Kentucky; Aaron Burr, Rufus King
New York; Benjamin Hawkins,
Alexander Martin, North Carolina;
stephen r. Bradley, Moses Robin
son, Vermont; John Langdon, Sam {
,uel Livermore, New Hampshire; I
George Cabot, Massachusetts; Pierce
Butler, South Carolina rOivcr Ellis ,
worth. Stephen Nix Mitchell. Con
'necticut; James Gum, james Jack
son, Georgia; Frederick Frr,inshuy- .
sen, New Jersey. {
The Legislature then elected c
Henry Latimer, who entered the
Senate February I. l795, and re- !
signed in 1901. lie had been sur '
Heon in the revolution and mem
ber ofthc Thlrd Congraas. Samuel
White. Of Wilmington, by executive
appointment and election 6y the Z
Legislature, sat in the Senate from {
Della ware from February %. 1901,
until his death, IN November 1909.
He was ono OF the youngest men
who have ccome senators, being 80 c
years old when he entered that
Eody. As the successor Of Senator y
white the Legislature elected Outer y
bridge Horsey, Of Sussex. who had :
been "A law student under James
BayArl and attorney gen.
eral OF Dclawir, He served two
terms and rc4.,.u ~ 1922. Twenty 4,
years later lie died at his Maryland !.
home, Needwood, tho former resi-. Y
donce OF Gov. Thomas Sim Lee, OF "
10 Frederick county, and =
In recent Maryland neurology Is re-
corded the death OF one Of his name
and blood at the Same place. Hor- II
sey was followed by Caesar A. Rod. e
nsy, a nephew Of Caesar Rodney, Of D
revolutionary fame, who had been 9
attorney general Of the United Sta tes 8,
Under Jefferson and Madison, and
Of a Delaware battalIo o
ghich marched to the defense of
Baltimore In 1914. Rodney was one y
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