New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-06-22


general Willie his duty rs soldier may at the same
time REQUIRE Of him unqucstioDcd obedience On pnin Of
destb 20 order Of that same cNnmander n-chief 10
absent himself from his seat AVID report IN person
thousand miles from the Capiiok
IL is not necessary cite other instances Of ncom'
paiibty though they viii crowd al every sep the
NTH of him v ho attempts thus 10 travel nj the same
,ime in opposite directions. These are sufficient 10
show the accessibility. ,r.
Ifthrre wis net any such impossible incompatibity
A. hes been sh wn ~ c1js, still the holding {" THESE
two offices by the same person 1T the Zine would
be pinst the whole theory OF our lnslltu'iohs ht
republican and most dangerous in its consequence
Nothing Is plaincr in he theory and plan Of this Gov
eminent than the distinct and separate organization OF
the executive judicial and legislative deparfne,' ana
the seduous with which cach has been co'hed anu
guarded IN the exercise Of duties entrcl! inuePchu'ht
OF the others Yet the attempt to invest tae same per-
sen with two oices-oue legislative anu the otneI
executive--and require Of him at the same 'iIhe tne
discharge OF the duties at both 49, wheth'I Wv! We con
fictng or not. II commingng Of the duties 81 the
exec utive and legislative Department. IL ~ prheins
the Executive himself into tie very balls ~ Congr'ss
and If persisted might ultimately prove as prhcous
as he had therein and as OIL votes as ne huu
con MISSIONS If one KeprrsentatlVe I'D 'ontl'rs "I
Ut The same time hold under the Executive the ONCE Oh
! NniorGeneral So msy another and another M ne
Wen be Brigadier General or hold any other oiDci'
position in the military service nnder tue Executive ana
COMMANDMENTS hei, aud bound to obey him. Is, such
process the House may ~ any time be put nhdef Inc
CONT ri an become tie plant instrument OF tie Execu-
tive to aiy end Its members would cease tn he the
representatives, Of the people, and become only The
agents OF the Executive.
The fauiers of the Constitution ssw this clearly
and felt that the inGepei denoe Of tie Legislative over
the Executive Department wac 50 essential and 'lt"i
that they deemed = inhibition worthy OF AZ express
constitutional actnent that no Pcrron holding any
of &c VI der tie United States shall be member 81
either House during lis cuntinuance noiice. thlt'
sec. vi. And here ends the argument Nothing can
be said TO eainsay or TO enforce p'in cons, tu'cn
provision. linus saith the Constitution The two
Offices cannot bo held by the person ut the same
The House hos ever been awake TO this constitutional
guarantee of its independence, and hos tcycT faird
Nlen occasion required 10 resist any iNnsioe oi ns
privileges In this partcular In he Seventh Congress
lsOJ) John Z. Van Ness, n representative frou Tue
ST. te OF NewYoIk. accepted tie office 4 Major OF MI
hta under the authority of the United States WIND
tie Territory II Columbia (DisiTct oI Colulbn) ana
after due examination ara report by tie Com
mittee on Elections the House unanimously
declared that he al thereby forfeited his .ea a. =
n.en.he, Of this House" Contested elections, Clark
and hail, D. 1927. In the XXlXth Congress OefI).
Archibald Yell. elresentai'e from the Stlie Of ArA
ansas, while member. accepted the Office OF coi0ne oi
q regiment In tue volunteer service OF the unit'd
States in the war with McKee, The people
Of Arkansas treated this sct as vncnting bis
representative IN Congress. and electd Iaos
W. Newton in liz place. When be appeared ut The bar
Of tie House to b. In. discussion arse nIon tie
question Whether the !iofe had any evidence before u
Gated his seat and The Globe contains this siacincu!
made (yol H. ,. 34l) 1T now appeared ny al official
statement mode In reply 10 call oi The Hcuse ~
the Acjutant. Cereal OF the names of members
ard been ustcird into tie sclvioe Of the United
Suites. that Al chtald Yei was among the number.
As soon as The document read members Vitbdfew
all oppos tion. Mr.. Newton war uen qualified and
t0ok his seat"
Tn, Committee Of Elections, 20 whom his crcndentalS
were refer ed. Ut subsequent dry VI tie session made
| a report no Sc "a scss. XNlXth Congo. intending
also tie rubjcet-naitcr of an Inquiry Wheeler the
honorable Edward ID. Baker, representative T. ON tie
State OF lllii ois, having accepted commission "a
colonel Of Volunteers in tie Amy ~ The United States.
and being in tie service Of and receiving coupansa
tion rum the Government # tie United States suoh
aImv olcer has been entitled ,irce acceptance aud
eX' REESE Of said military appointment 8" seat NJ
member OF tie n,nse Of Representatives This re-
port concluded with a. . fulowing resolutions:
rI :, nrbr Of the Hons. OF Rcprr e,ive, ,nce NJ,
acceptance end exercise by h'n OF The ,sy app nln eat
. vice Of tie United sttt.s.
Rs.oirss J,tleT 1hsi Thomas w Newton entitled T.
see, y ~ the lol-- from the state o. Arisnsss
This report nut made iii February 26, RAJ only
ds sgo,s the end a., o. Sor .I %
OF poson TO the report itself is disclosed upon tie
to the pressure business upon the Ia, day Of the
sion Tie same QUESTION aT'te In The lst Congress
r William Vnndever, representative finn the State Of
lava. accepted, while sucb representative The ONCE 81
colonel OF the 9Th Regiment Of Iowa Volunteers. He
received his commission from the GONon0I OF Iowa,
but WAS mustered into tie service Of the
United States uudeT the law author ling the raising ~
volunteers 10 suppress tie Rebellion. The question
Whether be hsd not forfeited his -ea by ACCEPTING and
dtglurgiuR the duliss OI WilHafl uIlCc thur
fen ed upon him directly raised beore the Com
niitiee Of Elections by whom eehoirte rerprt
made the House (Kcport No. g., % ess XXXV llth
Congo concluding with resolution " hat william
Nandeyer hss not been entitled to seat q. member Of
ills House since he mustered int0 tie military
wee Of the United Stats a. Colonel Of the 9TH hey =
ment iowa Volunteer Infantry to wit: since tie 2ilh
day Of September. 1861 This resolution was adopted
without division. (GLobs vol a. p fo5) Tho vote
upon this resolution afterward reoonddrcd and IT,
further consideration postponed Until the % Of March
tie li business tie OF tie
session. it sos not or<dup
Tir IL tbe CoDge-sonsI record upon the subject and
tbOuyh is not needed Ia explain enforce express
constitutional provision Il doe show that Congress has
ever teen sensitive 20 al Entertainments upon s PRIV
legcs ind Independence; md, whenever acting. bss
never failed ~ intcTpute this constitutional barrier
The history Of the times. well the Congressional
proceedings here alluded ~. fu:ish abundant evidence
al the patriotic motives that have implied representa-
tVes IN Congress ~ seek the military service w the
present and the disposition Of thu House reco
lize and commend that motive this committee gladly
do in the now under consider alton but in view II
express - ell as AN essential and vital provision "
the Com tlatlOu The Committee not doubt that when
ever the action Of the Home shall be necessary IT VIII
b- unequivocsl and decisive, "a il ever has been.
The next question Arising IN the Is. What effect
does the acceptance and discharge VI tie duties II the
one office have upon the tenure OF the oiheri So
far Congregational action Is concerned tbs ques
ton has been answered ia the answer already gwen
10 the one Of incompGtibily. Tie acceptance and
discharge Of tie duties Of any such Office any
incompatible Office 1T that time held Such is the
swcr given 10y Cong I'D all the cases heretofore
CITED. 4 n not held incompetent u accept aud
enter upon tue duties Of any such Office while Holding
one whose duties incompatible. but his doing
treated aid bed ~ be resignation or vscatBy ~ any
such office. This in the interpretation 10 which he acts
have been held by Congress IN oil tie that have
occurred. In this the law Of Parliament and the de-
csions under the COMMON law have been followed.
The statutes Of ~ and 10 W. g. CHI TO- prohibits a
Der OF Parliament ON holding. directly indirect any
place or Office connected with tpe collection Of the Gus
TOMS or this statute Simeon In his work ions
says (p 40 IL clearly refers only TOT complete member
hO has actually taken las seat aud lac The power OF
acting or voting but before the person chosen las