The New York herald., 1870-02-25

ana In n pocc yree from trcmor or agitation com.
man ew sentences Til he was interrupted py the
speaker, Wine, rsins sai1.-.-
The Char is greatly embarrassed by the receipt
OF communication when the gentleman from
South Carolina has this moment sent to the desk,
and concevcs IL duty 10 cali the attention OF the
House to IT, I'D order that the House may take such
proceeding thereon as may be proper Ia the CIR
cu,nstances The Clerk will read the communl-
M. WnIrrEMoRE---I ask suspension OF the readiug
OF That communication until make sacn remarks
as propose.
Tne Char must order the reading or II In order
that his own conduct may be entirely within the
rules OF tine House.
the srEAKEn-rhat cannot be doae. 1t Is the
duty Of the Chair TO iay oeiore the House the con
munication, and the Clerk viii read II.
WAsnIssroS, Feh "A, 1870
Hon. j. g. BLAINE, Speaker oil ihe House OF Represents
sinI enclose The following communication addressed by
s sh n % s a Se
ing the Please lay them the House aud notify
ioS ay ~ "'m0s q 0VsY
Then follow copies OF the thlegram to the Governor
OF South Carolina resigning ms seat, and Of the
telegram from the Governor accepting the same,
both daLed February 23.
Mr.. wnrrTEmoRE rose to speak, when the Speaker
stated thai 1t was not within the province OF the
Chair to recognize any otncr than member or the
House. II the judgment OF the House be Lhat the
gentleman shall nave unanimous consent To proceed
1t VIII be for the House, not for Chair, TO deter
mine.
Mr.. LOGAN Sal0 lnat the pfcccde0tS had been tnat
where member OF the House resigns IL depends on
the House 10 determine whether that fact concluded
the question.
MIR. ELDRIDGR tdeH.y OF WIS.,, made the point that
copy OF the telegram from The Governor OF South
Carolina was no evidence OF the acceptance OF the
The SPEAKER overruled the point OF order and
decided that the resignation voluntary matter
and needed no acceptance.
order that II Mr. Whlttem0re not member
enough 70 speak he certainly WAS not member
the SPEAKER overruled the point OF order it being
for the House, not for the Char, to determine
whether resolution should be adopted.
Mr. BANKS, rep) OF Mass, thought lnat the House
would be led into great difficulty II IL accepted the
doctrine that q member could resign his seat with
out the consent OF the House. There was no better
principle OF parliamentary law established, either In
England or this country, than that member OF
parliamentary body cannot resign without ne con-
constitution OF the body required that that view
should be taken, and all the cases that had arisen IN
the House were consistent with Lhat rule. The
House would escape its present difiicuty II it al
lowed the gentleman from South Carolina to speak
IN his own behalf He would thus assume to be q
member Of the House ana The House could v0e AS 1t
pleased on the resolution.
The SPEAKER remarked that the uniform practice
OF the House had been the reverse Of the principle
indicated by the gentleman from Massachusetts.
The case OF Mctteson IN the Thrty-fOur:n Congress
was directly In point Even IN the Forry-iirst Con-
gress already the Secretary OF the Treasury and the
Minister To France had resigned their seats In the
House. ana the gentleman from massachusetts him
self went through the same process when he was
elevated TO the GubcEnatorial cnair OF Massachu-
setts
sent OF the House was implied, and insisted that
this House established the precedent that any men,
ber could cease TO he member without Its consent
IL would destroy the character Of the House, and
that 1t ought not be permitted.
Mr. LOGAN asked that The House should determine
whether or not MI Whittcnore was now mem
ber.
Tne SPEAKER said that in accordance with the uni
form practice OF the House from the foundation OF
he had ceased to Mr.
WMLtemore as O member OF the House, and the way
to test the sense OF Tue House on te subject was 10
appeal from the decision OF The Chdlr.
Mr.. LOGAN said ne would not do so.
Mr. FARNswoETH, uep.l oi ILL.,, said he would do
Mr.. Cox. .(dem.) OF N. Y. moved to lay the appeal
on the table. Agreed TO.
dent the resIgnaJOn OF the members from the south
ern States n time when there were the highest
reasons OF state and national Importance against
accepting their designations.
Mr.. DAWES lrcp.) Oi Mass, regarded this as q
point OF vital importance and IL seemed 10 nim
dangerous precedent be established tnat menu
ber could resign whether the House wllled it or not
that he desired to put his opinion Oh the record
against it. The constitution Clothed the House with
power to punish memDer, but Ii "a member could
escape punishment by merely resgniDg, whether
the House wlled 1t or not, ali power 70 control The
House was at an end. rhe House could DC lett At
any moment without a quorum by q gwen number
OF members sending paper OF resignation to the
desk. lie did not understand that 20 be pariIament
ary law He knew that reSIQnalors had heretofore
been considered effective because there had been no
occasion TO question them. They had the implied
assent OF the House.
Mr. FARNswoRTH, with the consent Of Mr. Logan
moved thar the resolution of expulsion b1 iala On
the table.
Agreed to without DIVISION.
Thereup0n Mr.. LOGAN offered the following resolu-
uOu:--
Resolved, That B. r. Whiemore late member from the
Military Academy Vest Point and to the Naval
DENY Annapolis In violation Of the law, aud that such
appointments influenced by pconniary considerations
his conduct the premises has been such
show him unworthy OF In the House Of Representa-
tIves and therefore, condemned conduct unworthy Of
representative OF the people.
MIR. BUTLER, Of Mass asked Unanimous consent
that Mr.. Whlttcmore be heard on That resolution.
MI. MORGAN, lrep.) OF Ohio, objected.
The vote was taken on the resolution and II was
adopted unanimously yeas lSj; navs, none.
THE LEGISLATIVE APPROPRIATION BILL.
Thus ended the proceedings In this case. and the
House then went to the more sober business Or
siderIng the Legislative Appropriation bill IN Com
mlttee OF the Wn0ie Mr. CESSNA IN the cnair. which
was the sgnai for general thinning cut Of the
audience In the galleries.
The session OF the committee continued TILL four
O'Clock, when Ii got through the bill and aud
reported it the House. All the amendments were
agreed to in bulk, except that appr0prihting
$9l, ,000 for the mint at Carson CITY, Nevada. and
that apprOprang $l1. 500 lor the bureau OF Ednca-
tOn, on winch separate votes were asked. Without
disposng OF these TWO tue House, at 0nr O'Clock,
adjourned.