New-York tribune., 1878-05-14

use him for his own advantage and then snub him,
as lie has done on former occasions It is reported
that Mr. Potter did not finally consent to introduce
the resolution until within the last day or two.
The inquiry which the Democrats propose covers
about the ground which has heretofore been indl-
Gated In order to give to their resolution as much
as possible the appearance of question of privilege
some indirect lnsinuatiOns were incorporated INTO
it against General NOyes and Secretary sherman.
The reference to these gentlemen can hardly be SAID
TO rise to the dignity of an accusaton for even the
Democrats who prepared the resolution would hesi-
tate TO make direct charge of dishonest practices
against those two gentlemen. The resolution pro-
vIded for the appointment of select committee OF
eleven members to be named'by the Speaker, with
power to sit during the sessions of Congress and
during the recess, and to report at any time.
CONGER's POINT OF ORDER
The reading Of the resolution was not completed
when Mr.. COnger claimed the floor to make point
of order against its reception. He said that IL was
not question of privilege on ITS face. 1t neither
proposed the impeachment of the President, nor d.
recty attacked his title to the high place he holds
Further than this he said, it gave very great and
unusual powers to subcommittee, such as to ad-
minister oatbs ETC. 1t also conferred the power of
sitting during the recess which could only be done
by n suspension of the rules
Mr. Potter in reply said that one would suppose
that if there any subject that was question OF
privilege in the House it when sovereign State
came to Congress alleging fraud i'll the election OF
the highest executive officer of the Nation, and de-
claring that that fraud had been successful and
asking that an investigation should take place; if
this was not a privileged question nothing was
privileged
Mr. Hale said that questions of privilege were
treated in the rules with great dofniteness, even to
the extent Of enumerating them. He then read the
rule and the statement contained III the digest that
the election Of President is question Of The high
est privilege If this resolution he said, meant that
if the House was to enter upon an investigation that
might end IN the practical election Of a President,
or if it meant that the Democrats by its intToduc-
tion intended to unsettle accepted results, then it
might possibly be question of privilege. He put
il fairly to the Speaker and said that he should look
with great concern to his decision whether this was
a resolution calling for action Oh the part OF the
House of represent iatlycs.
GARFIELD ENFORCEs THE POINT.
General Garfield SAID that Mr.. Potter based his
claim thathis resolution a question OF privilege
on the ground that memorial from a state had
been presented to the House covering this subject,
and asking for an investigation The States OF the
Union, be said, are represented in the House by
individual members. and in no other way until re-
GENTLY has it been possible for them to be heard
in 1867 the House modified its rules a matter of
courtesy and gave TO the States another avenue of
! communication, by providing that the resolutions
of Legislatures might be presented during the call of
! States in the morning hour on Mondays; this was
mere courtesy or permission of the House extended
TO the States eighty years after the foundation of
the Government, and that not because the state
had right to be heard, but as matter of favor or
courtesy Ii Mr.. Potter would say that he expected
his investigation to lead to the impeachment of the
President, then General Garfield thought that il
might be question of privilege but If it was the
object to pass upon the title of the President, that
had been settled by the two Houses of Congress. If
the object was to make material to be used for
paCn purposes, then he would say that the cXigen-
ces of parties before arose to the dignity of
a question Of privilege in the House of Representa-
tivcs.
General Garfield closed by referring to the fire.
oucnt threats that had recently been made to bring
on this resolution, and sald that, in the language
of Shakespeare, he was glad these people had put
Oft their damnabe faces and begun"
Mr. Cox of New-lork, said that non cOnstat the
resolution may by its very terms involve the i'm
peachment Of high officials, and if ths was all that
was necessary TO make it a question Of privilege,
then it certainly was such.
Mr. Conger said that the very memorial on which
this proceeding based was not before the House
nor in the hands of the mover Of the resolution; the
fact that a State had sent to Congress memorial
on this subject did not by any means make 1t
question Of privilege; If that was so, then it would
be in order for members to call up at any time all
sorts of subjects referred TO i'll joint resolutions of
States some of which were sent TO Congress almost
every week. lie admitted that If the question OF
the validity Of the election of President is to be re-
opened and to be passed upon, then 1t might be
question OF privilege.
HELP FROM TEXAS.
Mr. Mills of Texas who is one Of the ablcst mem
bcrs of the delegation from that State, and
ageous as he is able made the most striking speech
Of the day.
He said he could not see why the paper Mr. Potter
had introduced shOuld be considered question Of
privilege. While the people have right to petition
Congress for a redress of grievances, they have no
right to the present consideration of any matter
they may bring to its attention. This resolution
must gain its standing in the House, if any such it
had. either under the Constitution of the United
States or the rules of the House it had no standing
under the rules and to be question OF privilege, in
virtue of any provision Of the Constitution 1t must
be urged on the ground that it coutempates the i'm
peachment of the President. But if impeachment is
the object in view, he said, there must be direct
accusation and that was not made in this paper.
Moreover he said these charges were all inyesti-
GATED by the XLIVth Congress, which had
complete jurisdiction over the subject. When the
House of Representatives of that Congress spoke or
refused TO speak, by passing the Electoral Bill and
delegating its power to the Electoral Commission, it
parted forever with its jurisdiction over the sub
ject. If the House had a right to investigate this
subject, he said it had right to inquire into the al
legged frauds IN the election of James X, Polk and of
every other President from the time Of Washington,
But 1t had no such power; right Of this kind
passed
| Congress, on the 4th of March, 1877 ANY
| of ba IN ,bn