The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-01-22
House OF Representatives.
WASHINGTON, Jan. 81 1858.


having accepted military commission.
Mr. MAYNARD, (Union) OF Tenn, had raised tho point
that such action the part Of the House, being in the
character OF expulsion required under the
vote Of twothrds Tho Speaker overruled the point,
from which decision Mr.. Maynard appealed.
on the table. fhis was agreed to-s2 against 3e.
Mr. wAsnnuRyE, crop o. H., moved TO reconsider the
Mr. Cox moved that the motion bo laid the table.
Disagreed to--50 against rs.
The question then required on the motion OF Mr. WASH
bnrne.
Mr. STEVENS, (rep) of Pa moved tho postponemcpt OF
the motion until August next Disagreed to-36 against
l05
Tho question the taken the OF
the vote by which the resolution was adopted.
The vote was recobsdored, 10 against "a
Mr. DAWES (rep.) Of Mass said this a. question OF
OF the constitution and laws Of the land lie
did not stand here lecture any gentleman differing from
him He accorded to others the RICH, he claimed for
himself. gentleman accepting military position
Gated his seat in this hail. He said there DISPOSE
ton to treat this question OF sort OF moment and OF
little concern that gentlemen could not bring them
selves to vote uton It when the resolution VAS fairly
resaopsSi,y Z vot1g on "'D measure s 'ouneea
on tho constitution and the laws OF the land
Ie reminded the House that they settling prece
control the House, which would reader
members os the House literally slaves. II their
right to sit here without an overshadowng power
them and without recognizing tho right Of the Executive
to enter tie chamber and interfere with their duties
legislators lie protested against saying are yet at
the foot OF the Executive. eve are,n he remarked
"co'hed by the constitution itself with power TO protect
oursey against such eneroachinens prccudcd by the
form OF which are endeavorng 10 pre-
serve Our fathers wisely threw around the shield Of
the constitution ii We are net prepared 70 protect our
selves boeath its ample folds and throw away rights
under II does not make much difference II once
play ng the hypocrite and indagmg in cant We
should singing hosannas TO the Constitution when
va can DO longer enjoy It's blessings"
Mr. CoLrAx (rep) Of Ind inquired whether tho gentle
included all who voted contrary himself among
and lAoug hl Tie Louise subject to the Executive
Ar. DAWES explained. He had expressly stated that II
was the duty Of every man who did not believe az 70 The
soundnes3 Of the resolution 10 vote against It, He had
heard ono question the soundness Of tho proposition
Mr.. KELLOGG Qep.( Of m, said the gentleman from
differed from him. 1t was enough for him (Mr. Kellogg
10 take Of his vote. But when the gentleman
Undertook put others tho record in
position, NJ desiring to give the matter the "goby
rather than vnte upol IT, he wanted Il also 60 upon
cord lnat from hi cation lie did not believe that
the fact OF hcdinR military OF ce from tho Governor Of
State was incompatible with holding scat hero He
would vote with this view when the question arose.
Mr. DAWES explained that he complained that gen.
temen attempted to avoid the passage OF the resolution
while they expressed question TO the souudness II
the principles upon which WAS founded. Others had
placed themselves ia position where tho Executive
could take them out u this hail. He who accepts mill
ary commission makes his election whether he shall
occupy seat in the House. Under the constitution
cannot two MASTERS. lie must cleave 10 aud
part company with the other.
Dir. WAsnrl (rep) OF H., replied 10 what he char
accrized lecture from Mr. Dawes. His position was
consistent. Yesterday be desired tho gentleman should
yield postponement OF the resolution until the third
Tuesday in february He desired thea and now to meet
the question fairly He could not forget that the vote by
a; home and a neighbor who sat in L.s immediate
vicinity. He could not but recoIec that the same blow
aimed at Ar Vandever struck some other members o.
necessity which demanded a hasty vote lilo desired
time to consider this great constitutional question The
gentleman from Massachusetts, however, had lecurcd
gentlemen aud charged them with desire 10 shTk from
their duty. lie did not know where his freud got the
right 20 lecture item lilo recognized the right % no
lecture him for differ Of opinion q consti
tutonal question The gentleman had spoken Of mys
ferrous influence as controlling members 10 vote
against their Convictions. Where was the man
who had voted against his convictions? IF sucn
man was here he VAS unworthy Of the high
place OF honor. What did his friend by the niir
u the Executive Whit had the Executive 10 d.
with ~ Where was the man who had 20. 10 the White
House to consult the Executive 10 his action herei lie
felt authorized to deny that any member had consulted
the Executive
Mr. DAWES explained. His argument was that the Ex-
ecutve held the House power II the mcmbers could
while holding military commissions, claim seats IN tho
House.
Mr. wAsaBrRsE said Mr.. vandever held his commission
under the zeal 81 the Governor OF Iowa. not from The ~
ecuve Of the United States. "Iet the country book on
my convictions OF right the country does not agree
with me It Is its misfortune" (Laugher)
Mr. CoLFAx said II was mmaterial TO him whether tie
resolution was postponed until the I'd OF March dec
dcdjnow. He would against the resolution and IN this
he claimed 70 be susained by the majority Of the Com
rni,tee Elections themselves He proceeded 20 show
n resolution directing inquiry an TO whether certain
gentlemen holding military commissions were entitled 10
seats here which offered by Mr. vallsudigham In
July last and this resolution was laid on the table, and
the G. mmittee Elections not even Instructed 10
inqnic into he sub ect lie controverted the positions
VI Nj Dawes and did not believe the Executive bad
spoken n solitary member, and doubted whether the
tx-cui knew that the House had been discussing
the matter Therefore this charge OF mysterious innu
epce oyeshadowng the House 10 vote against their
victoas chimera Of tho brain.
Nr. WrLsos, (rep.) of Iowa, said his colleague (Mr
NadcyerJ appointed colonel by the Governor OF the
site, and thus commits ioned. He commanded militia
o, nnent In the crvicc Of the United states.
Mr.. HoPpFRsor (rep.) Of Pa, said his own former
position In tho army was OF volunteer character IL
did not desire 70 shrink from any DUTY aud eonsdercd
ths remarks u Mr. Dawes to the overshsdo~ing IN
nuence Of tho Executive 10 be merely suppoenous ~
their character lie believed there inoompaibily
holding military commission while claiming seat Ia
the House. The obiy question with him whether,
having served part OF biz Time IN the bed aud part in
tie House Colonel vapdever forfeited his seat here
M cRnryxpss (UnIop) Of Ky. sad. for want OF otbs
gentlemen had gore out o. the way suppoe
thcmtolycs lectured by the gentleman from hasschI
gclis. lie sustained the positions Of the gentleman.
Mr.. WiISoS replying TO Mr.. Iawes, SAID be aid ycstsT
day question the soundnoss q his positions, aud nov
ned that unde the circumstances of tbs case the
constitution did not apply such cases as h' Of Colonel
iudeyer.
deferred hxed lay, and hen brought before tho
House way By shlch.ihey might bc enabled - veto
what thor sense With reference ~ y and also con
far greater question sheier they would dfcr4
by mere majority 81 two VI a. ygte.
The House then voted q postpone Tie resolution % the
81 Of March ncxt-5s esaiusi ~.
sl1tRY AtAnfMY riLt.
On motion of yr. sTEyrss, fTer q Pa tie House co.,
CURED 10 all the senatos amcl dmeais 70 the htafy
rKHsrE ~ mr. AFFAIRS rHE NATION.
The House Than went toto Committee q the Whole, for
tho purpose u general debate.
Mr. HARDING, (IBinn) Of KY, saad the Pfosid nts
enanc patton PROCLAMATION bad united the South a. 30
Lad ~ edicted like and paray zod the efforts 81
Iowa. en- 80 leave ttle hopa ~ the rastOretn u
tho Unlon The President had finally yielded tbs iafmer
D sition 10 the influence Of ersBcat radicals. 1he pro
ciamat on a on The constitution. u va& rofLrg
bit and bsolue u det potic power ~scn
would Sfest The people 70 fgbt u eel government
No State could be safe Win tuc power tusIsnfsd yer
H. No sironger dsunl0n doctrine ever issue
hts country Those who sanctioned 4 ready -
y<id their hbcrty and confess themselves sayes H.
eroke about arb rsry arrests, &C., and sad The
Executive Department who usurFes power Under tho
miserable dsestable tnbierrge Of military necessity,
deserves % be called tyrant, The sbolt,on creed
short but foil of horror and bod. The 'sccesslotsth
furnished the IRE aDd the abotonsts the feel W kuas
the coDnagraiion sweeping through the land With
draw fue ard tie Gro would burn cut no bad
10 hope " under the present radical policy The
party N $50 North aud South wcsd crush oe
both abot5nsss ADD secesioniss, and snatch the
government from ruin.
L. wasoS, (ep.) flowa, read no crttsnfen resolu-
tons tssoofoc adopted by Tho Hose that The prtssb
tcIlur able the caused By thu