Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-05-14

i6cation-that on Monday mornings cal
joint resolutions of the State and Territorial
legislatures may be introduced for printing
and reference.
| Mr.. Speaker-Would the gentleman from
I Ohio deny TO a State the right of retition as
given in the constitution?
MIR. Garfeld--Oh, a State has, of course
the right of petition.
Mr.. Speaker-A memorial is a petition
and is provided for in the constitution, where
In it Is stated that congress shall make nc
law abridging the right of the people to petit
| ton the government for a redress of griev-
| ances.
Mr.. Garfeld-The speakers reference to
the right and the petition is entirely unneces-
sary; that question was discussed on this very
Maryland resolution, and everybody here
| granted the perfect and unQuestioned right OF
petition. But the right of action here on
this floor is quite a. different thing, and the
question as to whether it rises - the dignity
| of privileged question depends upon the
| right of action which somebody can demand
of the house. This is a question of privilege
without doubt, provided the mover of it al
of Impeachment. If he says that this
proceeding is intended to pave the
way to impeachment, then, doubtless,
it may be a question of privilege. If
he says this is a proposition by the house to
raise and determine the question of the title
of the present Chief Magistrate to the office
| which he holds, then | answer that the ques-
ton has been determined by the joint voice
| of the two houses of congress, and it is be-
yond the reach of this house. If, again, the
/ object of the resolution IS merely to organize
| committee for campaign purposes, to make
campaign literature for the fall, then the ex-
| igencies of political party have never yet
| risen to the dignity of question OF privl-
| lege. Furthermore, there is In this resou-
| ton a proposition that the committee shall
have the right to sit during the recess.
| Neither of these two propositions can be
adopted by majority vote, and l therefore
| reserve that point of order until the opportu-
| nifty shall rise. | am glad, after long
threat has been hanging over the country,
that these gentlemen, In the language of
| Shakespeare, have
"Left of their damnable faces and begun,
And now let the play 60 on"
| [Applause on the Republican side.
Mr.. Mills argued that the resolution did
not present question of privilege. He could
find no shelter for it under the constitution,
unless under that power of the constitution
which gave to the house the right to origin
ate an impeachment against the President
for high crimes and misdemeanors; but In or
der to make it a question of privilege under
that constitutional provision, the resolution
must contain charges against the President
of sufficient gravity to justify the house In
putting him on trial for impeachment. All
the frauds alleged In the resolution had been
once Investigated, and that by a competent
body under the constitution, which had de-
cared the present incumbent of the Presi-
dency to be duly elected under the constitu-
ton and the law, and that was the end of it.
The power no longer existed in the forty-6fth
congress, and any attempt by the forty-fifth
IN
dental election was usurpation. This con-
gress had no power at all over that
question. Whatever power the consti-
tuition vested In either congress on
such subject had been exercised by the
forty fourth congress, and there remained
not shadow of right on the part of this con-
gress to exercise such power. The only pow
er which this house had over the President
was the power to impeach him for some crime
and misdemeanor which he himself had COM
mitted, but not for frauds which others had
committed in bringing him to the Presidency.
If this house had the power to investigate the
question as to how Hayes obtained the Pres
idency, it had also the right to investigate
the means by which James K. Polk had OBJ
tanned the Presidency in his time, and it
might go back to the days of George Wash |
ington and bring facts of his election before
the people. He repeated that any attempt
on the part of the house to investigate and to
undo what had been done by the forty fourth
congress in declaring who was President
was nothing short of usurpation. Applause
on the Republican side.
Mr.. Cox N. Y. read an extract from the
decision of the electoral commission in the
case. and charged Mr.. Garfield, one of the
commissioners, with having either a conve-
nient conclence or convent logic. 1t seemed
to him (Coxl that whatever steps might be
taken to reach that great transaction, the
gentleman from Ohio held that they were
4 IL. G. g.. IL
question of privilege was concerned. this was
a high privilege, non constat, that it must
lead to impeachment.
Mr.. Potter held that the privilege asked
for was only the privilege of having now
considered the resolution presented. The
privilege to which the resolution was entitled
arose from the fact that it had been set in
motion, first, by public formal action of
sovereign State, and second, from the nature
of the subject matter to which it referred.
The gentlemen on the other side had been
quick to declare that if he Potterl would say
that the purpose of the resolution was to i'm
peach and unseat the President OF the United
States they would admit it was in order.
That he declined to declare. If that con-
struction, given to the rule by the gentleman
from Maine Hale was right, that limitation
of privilege in reference to the election of
the President is an inquiry in reference to
his election before he is seated, or with the
struction which would forever prohibit the
house from inquiring into frauds that had
been successfully committed and which had
come to knowledge after their successful
accomplishment. If there was anything in
the nature of fraud that made it desirable to
be inquired into it was when the fraud had
been successful and if the house refused to
inquire because frauds had succeeded, that
the commission of such frauds would be en-
couraged, and a failure to investigate so far
from securing would jeopardize the peace and
security of the country.
The Speaker-The issue involved is new
one in the history of this country, and an ex-
animation of the basis on which the preamble
and resolution are introduced Is proper. The
legislature of Maryland passed joint resolu-
ton touching the subject treated of In the
preamble and resolution just read. A copy
of that resolution of Maryland has been re-
nitted to this house, and has been referred
to a committee, and is within the knowledge
of the members of this house, in which the
following language is used: THAT full effect
has not been given to the electoral vote cast
by the State of Maryland on the sixth day of
November, 1876, by reason of fraudulent re-
turns made from other States and allowed to
be counted Professionally by the electoral
commission, and SUBJECT to judicial revision"
II further alleges that the returns from
Louisiana and Florida, which were cast for
the present occupant of the Presidential
chair, were fraudulent and vold'' Here is
an appeal of State of this Union to the
Federal Legislative power for the correction
Of high grievance said to have been COM
mitted IN Florida and louisiana against the
rights of the State Of Maryland, in hav-
ing by fraud in said States of
Florida and Louisiana produced a
different result sin 1.-THE election of President
and Vice President from that actually de-
creed by the people themselves at the polls.
Whether these allegations can be sustained
by the proof, it is not for the chair to con-
slider. 1t is enough for the chair to know that
they come from a power which, within its
limits, is recognized as sovereign by the con-
stitution, and that the issue involved runs to
the welfare of the people of the States. Nor
is it within the reach of propriety for the
chair to express an opinion as to how far
such investigation should go in order to reach
the facts, nor what limits should be set upon
it. A higher privilege than the one here in
volved and broadly and directly presented