The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-02-24

ctr. elrS umsanCes The CLERK win read the eommunics-
ing ei t1at communication untn make such re-
!, The sPsakerET6e CHAIR must order the reading Of
n IN n order that his own conduct may be entirely
"lsnln we rules OF the House,
M MI WhittemOre-I recall the paper until make
The speaher-rhat cannot he done. nIs the duty
VI ,i Me Cnar 70 lay before the House the communi-
ll"whsHiNeToN, D. q, FEB. M-Hon. J. @. Blaine,
Speaker OF the House OF Representatives -Sr:-f
shclOse tne following communication addressed by
south Caroline, resigning my seat In Congress- and
ee Sssore ,eigram s accepting The same Please hay them
longer member OF that body
very respectfully Y, ySSuTSl g wlu,rrvsonr
Then follow copies OF the telegram 70 the Cover
nor OF south Carolina resignng his seat and Of the
a.g selegrsn ron the Governor accepting the same,
neousy with the gentleman from south Carolina
taxing the moor to speak, by his right as a member
ne sent TO the Chair that communication, which
shows that he Is not member Of this House. and 1t
tsDot In the province OF the Chair to recognize any
other than member of the House. II -- \" :
II the Judgment OF the House be that the gentle
men snail have unanimous consent TO proceed at
VIII DC ior the House, not for the Chair so 70 deter
Mr.. Logan said the precedent had been that where
amember OF the House resigns, it depends on the
question. 9th. .i sr
Mr.. Eldrdge made the point that a copy of the
ttWkihm iiOli lnc GONeTDOl OF bOuLn NAFOll0a WAS
no evidence OF the acceptance OF the resignation.
The Speaker overruled the point of order, and de-
cded that the resignation was a voluntary matter,
ana needed no acceptance r
Mr.. Butler Mass. made the point Of order that II
Mr.. WhittenOre was not a member enough to speak
he certainly was not member enough to be ex-
PEELED. - .
The Speaker overrued the point Of order, e being
whether resolution should be adopted. m
Mr.. Banks thought that the House would be led
into great difficulty II Il accepted the doctrine that
n q GnnN w M INF
of the House. There was no better principle OF par
liamentary law established either in England or this
country, than that member of parliamentary
body cannot resign without the consent OF the
House, express or implied.
The very constitution of the body required that
that view should be taken, and oil the cases that
had arisen in the House were consistent with that
rule. The House would escape its present difficulty
II u allowed the gentleman from South Carolina to
speak in his own behalf lie would thus assume TO
ne member OF the House, ana the
House could vote as II 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 Mattison, In the Thirty
was directly in point Even in the Forty-hrst Con
gress already the Secretary OF the Treasury and the
Minister to France had resigned their seats In the
House, and the gentleman from Massachusetts him
self went through the same process when he was
elevated TO the Gubernatorial chair OF Massachu-
sets.
Mr. Banks submitted that in those cases the con-
sent OF the House was implied, and insisted that IL
this House established the precedent that any mem-
Der could cease to be a member without its consent,
1t would destroy the character OF the House, and
that 1t ought not to be permitted.
Mr.. Logan asked that the House should deter
mine whether or not Mr. WnitteInore was now a
member.
The Speaker said that in accordance with the uni
form practice Of the House from the foundation Of
the Government he had ceased to recognize Mr.
Whittemore as a member OF the House, and the way
10 test the OF the House the subject was to
appeal from the decision Of the Chair. .f
Mr.. Logan said he should not do 80. .t
MT, Farnsworth said that he should do so, pro
foysaG.
MIR. Cox moved TO lay the appeal on the table.
Agreed TO. .....
The Speaker mentioned, as an additional prece-
dent, the resignation OF the members from the
Southern States at time when there were the
highest reasons OF state and national importance
against accepting their designations. ..r
Mr.. Dawes (Mass) regarded this as point OF vital
importance, and it seemed 10 him so dangerous a
precedent to be established that a member could
resign whether the House Willed it or not, that he
desired to put his opinion the record agatnstit
The Constitution clothed the House with power to
punish q member, but II a member could escape
punishment bv merely resgning, whether the
House was at an end. The House could be left at
any moment without a quorum, by given number
OF members sending paper Of resignation to the
desk.
He did not understand that TO be parliamentary
law lie knew that designations had heretofore
been considered effective because there had been
occasion TO question them. They had the implied
assent of the House.
Mr.. Farnsworth, with the consent of Mr.. Logan,
moved that the resolution OF expulsion be laid on
the table. Agreed to without division.