, 1864-06-15

dry Division, ria Chattanooga.
FROM WASHINGTON.
HIattcrs Congressional and General.
1.-THE following dispatches came to hand too late
for our last issue.-EDs. Tn1E.l
Especial Dispatch to the Chicago Tsibune.]
WASHINGTON, Monday, June 10, 1861.
THE nLAlRscuENcK INVESTIGATION.
Mr. Dawes' report from the Committee on Eicc-
tionR, presented to the House today, Is thorough
and able. The mestage Of the President having
aeaimulated the case OF Gen. Schenck to that OF
Gtn. B1aIr, the Committee commen:e with the
former. Hls complete official record Ia stated to
be as follows:
His commission as Mai Or General was accepted
May LIST, 1868. His resignation. dated Nov. 18th,
1868, WAS accepted Nov. 2lst, and took effect Dee.
S1h- He Wa elected to Congress In October, 1862,
bit. Eay The Committee, wc believe Re performed
no act as Representative, and indicated no ae-
ceptance Of the Office to which he was elected till
the commencement Of the present session Of Con-
grcsa. eince which time he has drawn the pay of a
Representative. The only question In his case Is
whether bis election, reported, without accept
arce, was Incompatible with bis continuin. to
bold the position Of Major General. The Maj,r
General question is to ba discussed In connection
with B]airB case.
Blair was appointed Major General Nor. sa,
1SG.. and held seat under the alleged election
held Nor. 1, 1869. The COMMITTEES think that the
House has since declared that he was not really
chosen, and has given the sent to Knox. in no way
Affects other questions, accordingly TINT Blair
is in all things Representative ds ae!o up to the
time the House yoted him cut
The first question to be considered Is whether
fha t.vo on1caa-nf Aff in Cnue rnss
Major General Of Eoluntecrs-can be held by the
same person ut tic same time. The Committee
consider the dulles of these two otlccs entirely
Incompatible, for numeEoua reasons. 4 Repre-
sentative Is The servant OF the people. 4 MAjor
GtDcral is the subordinate Of The President. The
former has duties In tho House, md cannot leave
his sea. without its lelYo. The latter has duties
In the field, and capnor leayc bis saddle without
the Presidents consent. The Representative cau-
Iot he questioned In any Other place tor Forls
spoken in debate, bat the Major General may BIZ
coust-1nart:alcd fo7 speech thu may be construed
to be G:srtspcetful to his superior oaaees-the
President.
!, Representative is privileged from arrest dur
ing session. except for the grossest offences. A
Major t;eneral may be arrested for oyerstaying
hi leave uf absence. As Representative a man
may be called upon to vote upon psopr1cty OF nee
sss:s ti the rnes and ARTICLES Of war, for thew
o.4.,l Oh Of Which be may be tried as Major Cen
.ral. AZ Rcpreser tative be may be called upon to
iu1Ecacil the President whose orders be is sworn
Ia ote. as Major Gen eral On pain Ut death.
The holding Of these two offices by the same
re.toE st the eumo time is moreover declared to
he in violation Of the whole theory Of Consti-
rution, anti-1epublican and dangerous. 1t brings
tie Executive Into the halls OF Congress ~ If he
had eeat there, and as many votes al members
hcldiug commissions. Since each officer Is bonnd
to obc. the Prceident's orders, they cease to he
representatives of the people, and become the
Presidents agents. ..
ine constitutional pfoa'p't'on aca'ost ho'a1nt
1"o onces ~ 1ese1rsa !" "na nuaaoes VI cases III
pun. III "n,sn tne nouss ua7 aueo1.eu 4teuoess
VIM ac'u 'l''iu's con'ss1ous ase e'1eu' SUI" ~
| kGat IN cGes3 usIspsc lie hoaso Aae promptly II
! uEpost q tue constitutional barrier.
Ihc committee aolo IN Inc eecoaa place tha
the acceptance OF one otce Is equivalent 10 fesig
nation Or vaeatlne Of another previously held. II
| support Of thta position number Of English 4;
vel as American cases arc cited
TIE authorities are equally cleer that the inert
appointment or election to ono Office whose dntfc!
l arc Incompatible NTH another does not yacatt
| srch Office. This is so held In England, cstn II
/ CAGES where the appotntme Mt cannot be avoided
CT resignation accepted. Still morsls this 90 II
this country. where acceptance and resignation art
| purely voluntary.
4he Committee held that the acceptance mus
| hare been tigniaed formally, or the Incumbent
| must hare done some act d1squalifyfng him frou
holding the Office, or hare entered upon the dia
| charge Of its duties to yacate another office.
The case of Henwick, Of Ohio. who held the Die
trsct Attorncyehip till the day before the teaeioE
Of Congress-, to which he was elected, and was
Eccla5td br the House entitled to his seat, Ia re-
Tered 10, This pra ctice since his day has been in
force, No attempt has ever been made to punish
| REPRESENTATIVE elect, and but one to expel him
thue.
1,,a fon,,,,r,,,n and ,roc+,ca ~ +ba 1rorso ae
,.t a. ID ,la 1aw ae,-ao =, thai
hcr ~ conrrasa e,sc, oas M, ~ac,ta =, oc
flee under The United States. until be takes ha
seat and does not vscate his seat until he accepts
an office under the United States.
This nr,nciule establishes schcnct's right to hte
seat. ..-.
Anew question is raieed blythe circunstaneea
rnt,, 1onnn,v1st 1sz, ana hIs r.sgn,ton rvos not
~, 1a.T "a 1oct s,,.,,sasas 49,
W '"auA'y ~ loo.' WEI ny Eno
from principles stated above that his continuance
IN isrh,-oo of the dntiea or former nf,r, far he
tt,,e ~, 1s;;.b ,c Law re,ns,c1 tsna ~ IN
nnon. onehr to be deemed md stated Al dec1n..
riou Of the latter office. person muy choose
rhrn the time arrivea Mt vyh,cb he Ia renuire1 IN
enter on the discharge o, his new duties Of being
Ma}c. General. II he chooses to take bis seat as
Representative, his Najor Generals commits ssloa,
inso Jaefo. ceasea. II he continues to hold his
conrroJasion an Major General ha nm at hc hca AZ
=. w uso 80
necessarily oecAnins 10 serve as . Aenoef OF Con'
gress. The law tnte1prets the acceptance Of or
othcr 1ncomna,ib,e one.
o'us ~ ~ "nntr.-. ,,1a ha,as f., o,. n..
lue eooti"3! tu4e ao'os 'oe one montn II may
hold for twelve. 4 Congressional District may
thus be LETT without Its representation tor ses
aim.
oc s ..,
Ihe tomn1ttee feeo"nena, 'o@ tnese feasona.
| tic adoption Of The following reso 'ution:
| Ee<ozred, That Robt. c. Schenck, having resign
ed the office Of Ma}. Gen. OF Vounieers, which he
| which resignation was accepted Nov. sist. 1853.
was not by reaton of having bald sucn Office Is
qualified fon holoinc seat IS representative tn