Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-01-09

oled to be raised employ the service OF the United
States shall be Immediately discharged from said service upon
cessation ofhoslties with the Republic Of Mckee, upon
an to treat for peace aud ay BY said Republic
with the United States"
Mr. McGAUGHEY then went into general speech against
the war, avowing his intention against all further sup
plies for carrying il on, against the bill to raise new regi
menis and also against the bill appointing commander
OF the army He would appropriations clear off the
present debt after which he would grant another dollar
ui our armies were Withdrawn within boundaries
lie said, however, that he spoke only his own sentiments
without identifying himself in them with any party.
Several other gentlemen having spoken, the committee
ndrepoIted progress
QUESTION OF PRIVILEGE.
Mr. SCHENCK rose 10 question Of privilege, which he
would present in the form of resolution He then moved
the following
Resolved That the Committee Of Elections instructed to
inquire and report to this House whether the Hon. Edward d.
Baker from the State Of Illinois, having
cepted commission colonel OF volunteers the of
the United States and being the service oand receiving
pensaon from the Government of the United States as such
army officer has been entitled the acceptance
else OF said military appointment to seat member of
this House.
Mr. ScHEScK said he should have made single remark
support Of this resolution but for the fact that when
ing this question informally the other day. his purpose had
been misunderstood He regretted especially that COL Baker
HIMSELF to whom the resolution had immediate refer
seemed TO have drawn the conclusion Notwithstanding
Mr. SIS express disclaimer that something of personal
tue intended toward him. All Mr.. s. could do under
these circumstances, repeat the disclaimer he had
already made.
Mr. TIBBATTS to order, denying that the question
presented was, properly question of privilege, though it
might be privileged question:, which quite different
affair. The resolution did apply, inasmuch Mr.
Baker had openly rendered the resignation of his seat in the
House.
The CHAIR stated Mr. scHEScK that such was certainly
the fact.
Mr. SCHENCK wanted to know whether, admitting such
to be the fact was not still question Of privilege whether
hal
be and had exercised all the privileges Of memberships had
done ghfuly that the House might take such
order In the case as proprety might demand
Mr. BOYD said there might be privileged question which
was not question Of privilege, and could therefore
ride every other motion made to the House. He wished the
Chair say whether, Mr. Baker having resigned question
IN relation to his right to seat the floor was not
question of privilege?
The CHAIR. Let the resolution of the gentleman from
Ohio be again read
The resolution read at the Clerks table,
The CHAIR then decided that though the question in
volved IN the resolution was, in its nature question OF
vlege yet the actual circumstances Of the case now
merely an abstract question, and such lost its priority
question of privilege.
Mr. McCLERNAND moved that the resolution be referred
to the Committee of Elections.
Mr.. SCHENCK said that, merely with view to set him
sell right and out of dsrespect to the Chair, he would
take an appeal, and on that would offer remark
II was true that his resolution did not relate any gentle
man now on the floor if true that Col Baker had
resigned his seat Con which point he should word pre-
seny but still the resolution did raise question of privilege
because proposed inquire whether man who had occu
pied seat on that floor had done conformity to the
stuton wheher in other words the House had been in
ruded not If should turn out that he had been
rghuly member, then the resignation which he had made
OF his seat was void and void could prevent the
night or duty OF the House inquire. Mr. is resolution
went at 10 the of the If it should appear
that when he resigned his he had legal consti
tutlona seat to resign the act of invalid So
that in every view that could be taken OF the subject was
Df
reference to the peTs which had been exercised the
compensation received.
In view, be sure, an abstract question yet
though had been brought forward with no intention or feel
ing of personal nature toward his friend Mr. Baker, he
had supposed that both he and every other gentleman would
be naturally DESTROYS that question like this should be settled
He had supposed that his motive in raising the question
would have been Appreciated especially by gentlemen his
side Of the House. The Wings had been contending
against the right of gentlemen to who had been elected
general ticket and it happened that all the gentlemen
IN that situation belonged to the opposite side in politics but
IN the present case the gentleman Immediately involved be-
ing decided Whg he supposed it would be perceived that
in both he acuaed by principle inasmuch as he
wished the same investigation in the in other
The question under the constitution and the laws
related TO the integrity and independence of the legislative
body He should not Of course detan the House at a
ment like this with argument the questions all he de-
sired had been TO set himself right.
When submitting remarks a former occasion he
had referred clause the constitution which forbade any
who held Office under the General Government be
the time member of either House. In those re-
marks he had been misunderstood meaning that
officer in volunteer corps officer of the United
States. On the contrary il his opinion that such
officer officer Of the United States under the meaning
of the constitution The constitution declared that they should
be subject 10 all the rules and articles of all respects
officers in the United States Army and the President
empowered to organize the militia, apporton their officers
&c as he might deem proper He had deemed proper to-
let the States elect the officers of their volunteer corps high
the grade Of colonies but they employed and paid by
the United States Government Mr. s. thought that all these
things sufficient to show that officer of volunteers
officer Of the United States
II certainly the duty Of Congress take that
intrusion should be committed upon their body its prv-
eges by order Of the Executive Department surely then,
not too much to ask that they would inquire whether
such intrusion had in fact taken place. The question:
moreover, might be forced upon the House, perhaps within
few days. the Of Governor Yell He understood that
the Legislature of Arkansas had declared that he had vacated
his seat in Congress- and had therefore proceeded elect
TO his seat II that State Legislature
had power declare whether that floor
not vacant that question for Congress alone decide
But if Congress decided that the vacant he pre-
sumed they would they would probably receive his
but il they decided that there reality vacancy
then the election Of his would of be void
He should like have the House decide the question before
the politics of the Of Mr. Yell should be certainly
known From the politics Of the predecessor and the political
character of the State would naturally conclude that the
of the political preferences but the
at this time that he Wing. The present was
favorable opportunity TO have the question decided free from
all party bias
Having thus expressed the views he desired to submit he
would withdraw his appeal from the decision Of the Chair.
THE LIEUTENANT ENERAL-AGAIN
Mr.. HAMBIN made privileged notion viz 10 reconsider