Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-03-02
CAN a REPRESENTATIVE RESIGN
WITHOUT LEAVE OF THE HOUSE?

|
When Mr.. Whittemore arose to address
the House of Representatives on Wednes-
day last to show cause why he should not
be expelled,he sent to the Chair his resgna-
ton. He was Immediately interrupted by
the Speaker and not allowed to proceed.
Dat of several columns of report in the
Congressional Globe, we extract the fol-
lowing as bearing on the main question
involved:
The SPEAKER. The gentleman will
please suspend his remarks. The Chair
desires to lay before the House commu-
nication which the gentleman from South
Carolina, has this moment sent to the desk
He feels it his duty to call the attention
of the House to it, that the House may
take such action on it as it deems proper
in the premises. The clerk will read the
communication.
The Clerk read as follows:
WAsHINGroN, d. c., February oath, 1870.
| Sir | inclose the following communication,
addressed by telegram on the 23d instant to
the Governor of South Carolina, resigning
my seat in Congress, and the telegram accept
ing the same. Please lay them before the
House, ana nOtlly tHciii THAT ain no longer
member of the body.
Very respectfully, yours,
BE. WHIrrEMoRE.
Hon. JAMES G.. BLAINE.
Speaker Of the House Of Representatives.
The SPEAKER. The Chair will state
that the gentleman from South Carolina,
simultaneously with taking the floor to
speak. which he could only do in his right
as member of this House, sent to the
Chair this communication showing that
he is not a member. 1t is not within
the power of the Chair to recog-
nize any gentleman speaking on
this floor except as Representa-
tive. If, in the judgement of the House,
he should have unanimous consent to pro-
coed, that will be for the House to decide
and not for the Chair.
Mr.. LOGAN. Idesire, before that ques-
ton is put to the House, if it is to be put.
to call the attention of the House to one
fact. do not know what the communica-
ton or address of the gentleman is going
to be, nor does it make any difference. Ii
Mr.. WHITTEMORE is not a member of the
House he has no right to be heard, even
by unanimous consent.
The SPEAKER. The Chair would re-
mind the gentleman from Illinois that con-
testants for seats or anybody may be allow
ed to address the House by unanimous
consent. 1t very frequently happens that
contestants for seats, who are not men,
bers and are never decided to be members,
are allowed to address the House. It's
for the House and not for the Chair to de-
termine.
Mr.. ELDRIDGE. rise to point of or
der. 1t is that the evidence before the
House of the resignation of the gentleman
is not sufficient to warrant the House or
the Speaker in deciding that he is not a
member.
The SPEAKER. The Chair overrules the
point of order. Resignation is volunta-
ry act, and the gentleman states over his
own signature that he has resigned his
seat.
Mr.. ELDRIDGE. l refer to the evidence
of the Governor having accepted his res
ignation.
The SPEAKER. Acceptance is not nee
essary. Resignation is voluntary, and
does not depend on any act but that of the
member himself
Mr.. INGERsoLL. Is this debate in order
after the resignation of the gentleman has
been announced to the House?
The SPEAKER. Debate is in order. 1t
is for the House and not for the Chair to
determine what shall be done with the res
olution now pending before the House.
1t is for the Chair to enforce the rules of
the House, which provide that none but
members of the House shall address
the Chair, and the Chair does not
recognize Mr.. WHITTEMoRE of South
Carolina, as now a member of this House,
his resignation having been officially COM
municated to this House.
Mr.. lNGERSOLL. Is it in order to move
now to reconsider the vote by which the
main question was ordered on this resolu-
ton of the Committee on Military Affairs
The SPEAKER. That motion was made
yesterday and laid on the table. There
is no motion now in order except to adj
journ or to lay the pending resolution on
the table.
Mr.. BINGHAM. OF the several cases
which have occurred during my service in
this body there is one, the record of which
lies before me, in which the party stood at
the bar of the House in precisely the same
position as that in which the gentleman
stands this morning. In that case the par
to proceed to address the House, he send
speech, or at the conclusion of it, a paper
setting forth the fact that he has resigned.
The House received it and Immediately
ordered that the resolution of expulsion
:hen pending be laid upon the table.
Mr.. BANKS. Mr.. Speaker, think the
House will be led into great difficulty if it
accepts the doctrine that member can re-
sign his seat without the consent of the
House. No principle of parliamentary
law is better established. either in Eng
land or in this country, than that mem
Der of a parliamentary body cannot resign
without the consent of that body, either
expressed or implied. The necessary con-
stitution of the body itself sanctions this
doctrine, and all the cases that have arisen
in this House are consistent with it. Now,
sir, if the House allows the gentleman
from South Carolina to speak in his own
behalf, as he desires to do, we shall escape
the difficulty in which we would otherwise
be involved. The gentleman from South
Carolina, by the course which he proposes,
would assume to be member of the
House; and we could then vote as we
please upon the resolution.
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