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

In the House.
WASHINGTON, May 13.-The vote by which
| the main question was ordered on the bill to
| regulate interstate commerce was recensld-
| cred, and the bill went over till tomorrow.
Mr.. Lapham introduced a joint resolution
reciting the danger to which the country
may be subjected by the threatened irruption
of Sitting Bull, by raids across the Mexican
| and Canadian borders, and by instructions
| in several States, such as occurred last year,
| and authorizing the President, if in his judg-
ment it may seem necessary, to increase the
army during the recess OF congress by the
enlistment of volunteers, not to exceed seven
ty-6ve thousand In number.
Mr.. Potter, as a question of privilege, pre-
sented the following preamble and resolu-
ton:
WHEREAS, The State of Maryland has, by
its legislature, formally declared that due
effect was not given to the electoral vote cast
by the State on the sixth day of December,
1876, by reason of the fraudulent returns IN
the electoral votes of Florida and Louisiana;
and whereas, an affidavit by Samuel B. NJ Lin,
chairman of the board of State canvassers OF
the State of Florida for the election held IN
that State in November, 1876, for electors of
President and Vice President, has been made
public, alleging false and fraudulent retui is
of the votes for such election in that State,
whereby the choice of the people of that State
was annulled and revised, and that the action
of the board of State canvasserS making such
returns was influenced by the conduct of
Hon. Edward f. Noyes, now minister to the
government of France; and whereas, 1t Is
alleged that conspiracy existed IN the State
of Louisiana, whereby the Republican vote
IN all the precincts of the parish OF East Fee
liciana, and in some precincts of West Fell
ciana, at the general election in November,
yxzyith hall
to afford a pretext for the exclusion by the re-
turning-board of that State of the
vote cast In those precincts for elect
ors of President and V;ce-President,
and that James +. Anderson, supervisor OF
registration for the parish of East Feliciana,
and d. A. Weber, supervisor of registration
for the parish of West Feliciana, in that
State, in furtherance of that conspiracy,
falsely protested that the election in such
precincts had not been fair and free; and that
the State returning-board thereupon falsely
and frauduently excluded the votes of said
precincts, and, by means thereof, and OF
other false and fraudulent action by said re-
turning board, the choice of the people of
that State was annulled and reversed; and
that such action of said Weber and Ander-
son was induced or encouraged by assurances
of Hon. John Sherman, secretary of the
treasury of the United States; and, whereas,
the gravity of these charges, the nature of
be based, and the dignity and position of
the persons named in connection with said
frauds, make it proper that the same should
be inquired into, to the end that the honor
of the nation may be indicated, and the
truth as to such elections made known; there
fore be it
ReSolred, That a select committee, consist
ing of eleven members Of this house, be APP
pointed to inquire into the aforesaid allega-
ton as to the conduct of persons in the office
aforesaid, in respect to sand election, and into
the alleged false and fraudulent canvass and
return Of votes by the State, county, parish
and precinct officers in said States OF Louis
lana and Florida, and into all the facts which
in the Judgment Of said committee are con-
nected with, or pertinent thereto; and that
said committee, for the purpose of executing
this resolution, shall have power to send for
persons and papers,, to administer the oath,
and to take testimony, and In their discretion
TO detail subcommittee with like full au-
thority of said committee in every particular,
and with power to sit In Florida and Louisl-
ana; which subcommittee shall be COM
mittee of this house, and the chairman there
of shall be authorized to administer oaths;
that said committee and subcommittee may
employ stenographers and be attended, each
by deputy sergeant alarms, and may sit
during the sessions of this house, and dur
ing vacation, and that said committee pro-
coed in their inquiry and have leave to report
at any time.
The preamble and resolution having been
read, Mr.. Conger said they did not present
question of privilege, and that the powers
proposed in the resolution could not be given
by a mere majority vote, but would require
suspension OF the rules.
Mr.. Potter said one would suppose tlat if
there was any subject which should be en-
titled to preference in this house, In respect
= r .ank
brought TO its notice by a memorial OF a SOW
ereign State touching the official conduct OF
high officers of the government, and relating
to fraud alleged to have occurred, changing
the result of the election of the highest officers
of this government.
Mr.. Conger-Has the memorial of the
State of Maryland been committed to the
gentleman from New York, so that by being
in possession of it. he can offer such resolu-
tons?
Mr. Potter-I am now speaking only to
a question of order Later on, If | have an
opportunity to say anything, shall be able
to make answer to the inquiry which the
gentleman has Just put to me. Now, as to
the question of order, it seems to me that to
state the case is to argue it. If for reasons
that appear on the face of this resolution this
inquiry is not privileged, then nothing can by
its nature be privileged. If the house OF
representatives ought to give preference to
the consideration of any subject, subject OF
the magnitude of this one to which the reso-
luton relates ought certainly to have such
preference.
Mr.. Hale argued from the rules and man
ual that the resolution did not present ques-
ton of privilege. If the resolution proposed
or was intended to subvert the accepted re-
suit In the Presidential election, then there
might be some claim that it did present a
question of privilege, but as a mere express
sion of opinion it did not present any such
question.
Mr.. Garfield also argued against the reso-
lation being privileged one. He said the
gentleman from New York bases his claim
that it Is privileged question on the fact
! that the memorial which it recites Is a me-
mortal from a sovereign State, and is there
fore entitled to a very high place in the con-
sideration of this house. l think the gen.
tIeman from New York was unfortunate in
| planting his cause on that idea; the States OF
this Union are represented by members who
| are sent here to speak and vote for their
States, and in no other way whatever can a
| State of this Union be heard on this floor,
except uuder the rule-which is a recent mod