Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-03-08
orders Of tho House and Issue writs Of cleo.

the construction put upon II by Mr.. Bling
ham. All that tho Governor asked was
that Mr.. aolladay might DO considered q
Representative Of the State OF Kentucky,
that the charges against him might DO In
yestlgated. Il was not sent In any spirit Of
dlotatlon, but simply that justice might be
done.
Mr.. Beck said the House was now trying
a question Of fact as TO whether Mr.. Cola
day had rendered his resignation or not. In
his oplulon Mr.. Gollnday had NOT rendered
his resignation, but simply notified the
House that be had sent Il TO the Governor
Of his State.
Mr.. Bingham answered that the Governor
had nothing 10 do with the resignation. ~
was q matter for the House 70 determins,
and the Governor had no other duty TO 40
but 10 issue writs Of election. =.
Mr.. Butler, OF MAssachusetss, commended
that the executive OF State had no control
over a member whether his term should be
| long or short. A member seeks TO leave this
House, and II Ia not In the power OF the Gov
ernor OF State 70 prevent II. ills the duty
OF a Governor 70 Issue writs Of election
whenever q vacancy occurs.
Mr.. Dawes here suggested that II had ro-
peat9dly occurred In cases where the Gov
einor had taken no notice Of vacancies, the
people Of the district had gone on and elected
I
members ofthe House.
Mr.. Banks argued that the House might
allow a member TO reslgh or withdraw, bat
he, too, denied any power OF the Governor
In the premises. The letter OF the Governor
might be considered as one Of advice, but II
could not be considered as ono having au-
thorlty with this House or over the ques-
tions.
Mr.. Jones, OF KY, defended tho action Of
| H. No. II n. - II h.
| right OF the House 10 accept the resignation
OF member while charges were pending
against him. All that he desired was full
examination OF the charges against Mr..
Golladay, and II no was found guilty no
| would DO ono Of the frat 10 pass upon him
the extreme condemnation Of the House.
| Mr.. sohenck took the same views a. those
advanced by Messrs. Bingham and Butler,
and, amer further discussion,
Mr.. Davis made point OF order, which
was sustained, that, as Mr.. GolladAy was
lution was not properly before Il as ques.
ton Of privilege.
Mr.. Garfield asked leave TO offer a resolu-
tion directing that the Committee on Rules
Inquire into the eIpedlency OF amending the
rules OF the House 30 as TO provide that the
| Speaker be directed not TO lay before the
House or recognize the resignation Of a
member against whom charges may DO pond.
ing.
Objection was made aud the resolution
was not entertaied.
Mr.. Davis, Of N. Y, offered a resolution,
which was agreed TO, that II was of great
Importance TO the constitution OF the House
to determine whether member could re-
Sign without the consent Of the House, and
directing the Committee on Rules TO report
q rule definitely settling the matter. VI.
| Mr.. Butler then demanded the regular
order OF business, and the House resumed
the consideration OF the Georgia bill.
Mr.. Bingham, of Ohio, obtained the floor,
and said he was opposed TO the bill because
he saw no necessity for Il, or for any add
tlonal legislation In relation to Georgia. I'd
then referred to the last act Of Congress
that had passed In relation to Georgia. That
was bill TO reorganlEe tho Legislature, and
being so reorgAnlEed II was competent to dc
ali the Legislative acts required. The object
ofthls bill, he said, was to extend the tenure
OF Office Of the Governor and other STATE
officers OF Georgia, aud he denied the right
oftho House or Of Congress TO extend these
officers. Tho constitution OF Georgia pre-.
scribed the tenure Of these officers, and nc
law Of Congress can override that conltltu
tlon. The effect Of tho bill, he said, was tc
say that the Georgia Legislature might dc,
clare themselves as holding ofilce perpetu.
ally, for II they could extend their ONCE two
years, as was permitted In this bill, they
could extend II period Of twenty years,
II Georgia provided for this extension Of
Office, she had not republican form Of gov,
crnmout. It was q question here whethei
Congress would leglslate this packed legiS.
ture Of Georgia over the heads Of the people
OF that State for two years 10 come. In the
course Of his remarks, Mr.. Bingham said
that Governor Bullock had packed the LeEis
lature for his own purpose. As Governor,
he had control Of all the railroads and public
corporations Of the State; and he had used
his tools, who were connected with these
railroads, TO adjourn and convene the LeRls
lature as he pleased from day TO day. II
was all q usurpation, and the bill, AZ 70
ported by the committee, proposed to con
nrm Rufus B. Bullock In his usurpatlon. II
proposed TO make q packed Legislature 9
legal Legislature by act Of Congress and the
agency OF Bullock's railroad men. He hat
therefore offered an amendment which woult
limit the tenure Of the State officers, ant
unless that amendment was adopted, h
could not for o moment think Of voting fo
this bill, for without limitation Ii was al
outrage upon the people Of the State.
Mr.. Butler, Of Mass, inquired Of Mr.
Bingham whether he would vote for the bill
II his amendment was adoptedi
Mr.. Bingham declined TO answer thai
question, for there were other Objectionable
features, and he reserved the right to VotI
as he pleased upon the bill, even though hi
amendment should be adopted. And now
he would In turn ask Mr.. Butler II no would
vote for the amendment
Mr.. Butler replied that he certainly would
not do 90.
Mr.. Paine, OF No., asked Mr.. Bingham
whether he had not said that he would votl
| q =. "a
Mr.. Bingham said, suppose he had, tina
was NO reason why he should DO gIbbstet
here with such q question. He reserved tn
right TO pass upon this bill Ia accordance
with the dictates Of his own conscience
He commended that there was neither neces
sity nor precedent for such legislation a
that proposed In this bill.
Mr.. Bingham then proceeded to notice al
argument BY Mr.. Butler that the adoption
Of the fifteenth amendment depended upoi
tho passage OF this bill. He argued that /
was Just the other way, and that In his opln
Ion the effect and operation Of this bill wa
to endaugsr not only the fifteenth but ais,
the thirteenth and fourteenth amendments
II this act may DO passed with reference Il
Georgia similar acts may be passed witt
reference 10 all the Southern states tina
were admitted In 1868 with Georgia, undo
which Is known as the omnibus bill. II
IL held that the Legislature OF Georgia wa
provisional only when she ratified thss
amendments, then the Legislatures OF al
the other States were provisional, and he dl
not recognise the right Of merely provisional
governments TO ratify constitutional amend
nientS; nor did he recognize the right OF tn
military authority TO ratify such amendment
Only the legislature Of a regular State 4
the Union could do II. The same act tina
authorized Georgia to ratlfy the amendment
authorized other States to ratlfy II, and
we eau annul that act Of Georgla, futur
Congresses may annul the acts Of othe
States, and then what becomes Of the al
tenth and other amendments.
II this step can be taken with Georgia
can also be taken with Alabama, Florida
North Carolina, and other States. Their
was no hope for the people under such leg
islatlon as this. II the interests OF the col
ored people were In jeopardy he would Vot
for this bill; but he denied that this bill wa
necessary at all to the protection OF the CO.
ored people. With the adoption OF the al
tenth amendment the rights OF all peopl
were Seeuredi and II any State violated thu
amendment no would be among the frat /
I ~. - "a