The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-05-14

field Zone OF the commissioners) wit
having either convenient conscience o.
convenient logic. Itseemed 10 him (Cox
that whatever steps, might be taken L
reach that great Transaction the gentle
man from Ohio held that they were out
side OF the record aiiunde. So far as th
question OF privilege was concerned thi
was question Of high privilege, non &c,
aai, that ii must lead to Impeachment.
Mr.. Potter held that the privilege ask
ed for was only the privilege Of hayinl
now considered the resolution presented
The privilege 10 which the resolution wa
entitled arose from the fact tha
It had been set in motion frs
by the public, formal actiol
Of q sovereign State, and, second, the
nature OF the subject to which 1t referred
Gentlemen on the other side had beel
quick 10 declare that II he [ Potter Woult
say that the purpose OF the resolution wa
to impeach and unseat the President the!
would admit It was in order. That b,
declined to declare. II that construction
given 10 the rule by the gentleman iron
Maine (Hale) was right Chat the limita
tion Of the privilege in reference TO th'
election OF q President was an inquiry il
reference to his election before he il
seated or with view 10 unseating him
that was construction which would for
ever prohibit the House from inquirint
into frauds that had been successfully
committed and which had come to il
knawledge after their successful &C
complishment. II there was anything
in the nature Of fraud that made Il
desirable to be inquired into, 1t was wher
the fraud had been successful, and II the
House refused to inquire because the
frauds had succeeded, then the commit
ting OF such frauds would be encouraged
and the failure TO investigate so far from
securing, would jeopardize the peace and
security OF the country.
The Speaker-The issue involved Is q
new one in the history Of this country
and an examination OF the basis on which
the preamble and resolution are intro
duced Is proper.
The Legislature Of Maryland passed a
Joint resolution touching the subject
treated Of in the preamble and resolution
Just received. A copy Of that resolution
OF Maryland has been remItted to this
House In which the following language
Is used. "That full effect has not been
given 10 the electoral vote cast by Mary.
land on the 9Th day OF November, 1876,
by reason OF fraudulent returns made
from other States and allowed TO be
counted proyisionally by the Commission
and subject to Judicial revision" II, as
il Is alleged, the returns from Louisiana
and Florida which were cast for the
present occupant OF the Presidential
chair, we're fraudulent and void, here is
the appeal OF 4 State Of this Union to the
Federal legislative power for correction
OF the high grievance said 70 have been
committed 10 the States OF FLORIDA and
Louisiana against the rights Of the State
OF Maryland, in having BY fraud in said
States Of Florida and Louisiana produced
a different result in the election Of 3
President and Vice President from that
actually decreed by the peopls themselves
at the polls; whether these allegations
can be sustained by proof, II is not for the
Chair to consider. 1t is enough for the
Chair 10 know that they came from q
power which, ,wIthinits limits,is recognize
ed "a sovereign BY the Constitution, and
that the issue involved runs to
the welfare of-the people OF the States.
Nor is 1t within the range Of propriety for
the Chair 10 express an opinion rs to
how far such investigation should go to
reach the facts, nor what limits should
be set uponit. A higher privilege. .than.the
one here involved, and broadly and d.
rectly presented as to the rightful occu.
pancy Of the Chief Executive Chair Of the
Government, and as 10 the connection oil
high government officials with the
frauds alleged, the Chair Is unable to con.
ceiye.
The Chair finds enumerated among the
questions Of privilege set down in the
manual the following: 1.-THE election Of
President" The Chair therefore rules
that the preamble and resolution embrace
questions Of privilege Of the highest
character, and the Chair recognizes the
right Of the gentleman from New York
70 answer The same. Applause on the
Democratic side. The other points are
Of course held in reserve.
Mr.. Conger appealed from the decision
OF the chair.
Mr.. Potter moved 10 lay the appeal on
the table, and the motion was agreed 10.
Yeas 12S, nays lOs.
A party vote except Fort, Mitchell and
Butler, who voted with the Democrats
and Buckner and Mills voting with the
Republicans. =.
Mr.. Regan desiring to justify himself
in voting in support Of the resolution,
stated while he agreed with his colleague,
Mills, that the retrial Of the Presidential
question could not be had by the House,
the resolution in alleging that great
frauds had been perpetrated, raised the
question OF thehighest privilege.
Mr.. Conger raised the point of order,
that "a the resolution gave the committee
unusual power TO sit during recess, re.
port at any time, and for the chairman Of
the subcommittee 10 administer oaths
Il could not be adopted by mere ma
iority vote, and also that as the resolu-
tion provided for the expenditure ot
money, il must be FIRST consider
ed In Committe OF the Whole.
Mr.. sayler argued that the committee
could, by 4 simple majority vote, be au.
thorized 10 sit during recess. He quoted
In support that Of view precedent in the
case Of the famous Gardner inyestiga.
tfon. He admitted, however, in that case
that the question had not been raised.
Mr.. Garfield claimed that his colleague
had shown no precedent that had any
force. He had never heard It claimed
that the proposition to sit during recess
could be adopted by mere majority
vote. -,
The Speaker ruled that as to the right
Of the chairman Of the subcommittee to
administer oaths, that was matter
TO be decided by the committee itself. II
il was contrary to law then Il did not
matter whether the power was given by
tWo-third vote or by majority vote.
After some argument as TO the rule ap.
plyine 10 the case, in which Mesars.
Thompson, Butler, sayler and Caswell
took part, the Speaker oyerruled the
point Of order as 70 the power OF the
committee TO sit during recess.
The next point discussed was on the
right Of the chairmen Of the sub-com-
mittees 10 administer oaths, (including
the chairman Of the committee) and the