The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-14

with like full authority or said committee In every
particular. and with poser to SIT IN Florida and
OF this House. and the chairman thereof shall be
authorized TO administer oatbs; that tho said CON-
mittse ana sIo,comm,..sss may employ stsnosrapn-
arms, and may SIT during the sessions OF this House
and during the vacation, and that said committee
proceed Ia this inquiry and have leave report a.
any time.
ORDER.
The preamble and resolution having been read, Mr..
CosGEK (rep Of Ach, raised the question that they
did present question Of privilege; ana he also
made tho further point that the powers prop In
the resolution could not be given by majority
vote, but would require q suspension OF the rues
Mr.. POTTER, OF New Yorg said one would suppose
that II there any subject which should be en-
titled 20 preference In this House respect to the
order OF the business II was subject brought to its
notice by the memorial OF sovereign State touching
the Official conduct OF high officers OF tho govern
ment relating TO fraud alleged have occurred,
changing the result Of tho election Of the highest
officers OF this government.
Mr.. CosGER-Has the memorial OF the State Of
Maryland been committed 70 the gentleman from New
York SO tina. he has any possession OF IL on which
to oder such resoluuonf
Mr.. PorrER-l am now speaking only Of tho quos-
ton OF order. Later on, II have opportunity 10
say any thing, shall DO able 10 make answer 10 the
inquiry wnicn the gentleman from Michigan has just
put 10 me. Now AZ 10 the question Of order, Is
seems 10 me that TO state this case Is to argue IT, H.
that appear the face OF this resolution
It's nature privileged. the House OF Representa-
ves ought TO give preference to tho consideration Of
any subject subject OF the magnitude OF ths
which the resolution relates ought certainly 10 have
such preference
Mr.. HALE (rsp.) Of No., argued from tho rules and
Manu- that the resolution did present question
OF privilege. II tho resolution proposed IN
tended 10 subvsrt the accepted result in the Prcs
Dental election then there might be some clam that
II did present . question Of privilege. but mere
expression or opinion II did not present aDy such
Mr. GARyIsLD, (rep) OF Ohio, also argued against
the resolution being q privileged one. He said the
privileged question on the fact that the memorial
which II recites memorial from = sovereign State
IN ths eODsiasrs,ion Of this House think p that
the gentleman from New York was unlortu-
nate mate I'M, uDnn case on ,sa a.s
by individual members, who sent here 10
speak and vote Tor their States, and other
way whatsoover can State OF this Union be heard
this door except under tho rule, which Is recent
modification, that on the Monday morning call the
may be introduced tor printing and reference.
The SPKAxER-Woua the gentleman from Ohio
deny 10 State the right Of petition as given IN the
constnuuonY
Mr.. GAxyIELD, of Ohio-A State has. OF course, the
right OF petition.
The SpEAKER-A memorial is q petition, ana Is pro-
vided Tor the constitution wherein II - stated that
Congress shall make laws abridging the right Of
the people 10 petition Of the government for redress
MR. aARSIELp's ARGUMENT.
Mr.. GARyIKLD-Ths Speakers reference TO the right
OF petition is entirely unnecessary. That question
was discussed on this very Maryland resol ution, and
everybody here granted the perfect aud unquesoned
right Of petition But tho right oil action here on
THIS floor Is quito different thing, and the question
OF whether rsss 10 the dignity Of privileged ques-
ton depends upon the right OF action which some
body demand OF the House. This Is question OF
privilege without doubt, provided the mover OF II al
legcs that purposes 10 follow II up as matter OF
imprisonment II no says that this is y proceeding
intended TO pave tho way to an impeachment, then
doubtless II may % question n o. prvmeso y ne
termine the question Of title OF the present Chief
Magistrate TO the Office which he holds. then answer
that question has boon determined by tho JOINT
voice OF the houses Of Congress, and that Il Is
beyond the reach OF mis- House H. again, the object
OF the resolution Is merely organize u committee
Tor campaign purposes. TO make campaign
literature Tor the autumn, then tho tx.
We. riseo 10 tho dirn,.y OF Questions Of privilege.
Furthermore, there Ii IN this resolution land reserve
that point OF order until this one shall be setted)
the committee shall the right
sit Ia The recess Neither oil thcso two propositions
can DO adopted by majority vote, and thereupon
glad at last, after the long threat that has
been hanging the country that these gentlemen,
aam%sbis faces ana SsSan and now 10. tho play 20
on. Applause on the republican side.I
DEMOCRAT IN oPPosrIox
Mr. MILLS (den. Of Texas, argued that tho resolu-
ton did not present question OF privilege He could
ma shelter tor It under the constitution, unless
under that power Of tho constitution which gave 10
the House the right TO originate an impeachment
against the President Tor high crimes and INSIDE
neanors; but IN order TO make II question OF prvi-
cge under that constitutional provision The resolution
must contain charge against The President VI
uvTlsI him on trial I Tor ,mpeachmsns. He
said that oil the frauds alleged In the resou-
ton had been once investigated, aud that
competent BODY under the constitution had declared
the present incumbent OF the Presidency to be duly
elected under tho constitution anu the law, and that
tho eud OF ~ Tho power no longer existed IN
the Forty ann Congress- aud any attempt the part
the Forty Congress 10 exercise such power
over the Presidential election was usurpason This
Congress had no power at all over that question
Whatever power the constitution vested IN either
mouse 81 congress on susn soo!eSs naa osra
thore remained not shadow OF right
the part OF this Congress- 10 exercise such power.
Tho only power which this House had over the Pres
ident the power TO impeach him for some crime
and misdemcanor which no himself had committed,
but not for frauds which others had committed la
bringing him into the Presidency. II this House had
power 10 investigate The question as TO now Mr.
hayes obtained the Presidency, IL also mad the right
10 investigate the means by which James X. Polk had
obtained tho Presidency IN his time, and Il might
also 90 back TO the days Of George Washington aud
bring the facts OF his election before the PEI pie. lilo
repeated tnat any attempt on the part Of this House
TO investigate and undo what had been done ny Con-
gress declaring VINO WAS President was nothing
snort oil usurpaion. tAppsuso on the republican
slde)
REMARKS oY y. q. cox.
Mr.. Cox, (dem) OF N. r., read an extract from the
decision OF the Electoral Commission IN the Florida
ana charged Mr. Garneid-one Of Tho comms-
sioners-with having either convenient conscience
or a CONVENIENT logic. IL seemed 10 him (Mr. Cox
that whatever steps light DO takon 10 roach that
great transaction, the gentleman from ONO held
that they were OUTSIDE OF the record-uIiuade SO
far tho question OF privilege concerned, this
was question OF high privilege All that concerned
the election of President was question Of privilege
constdf that IL must lead to so Tar
resolution went It's very terms liked sort
OF charge on tho Secretary OF the treasury and
foreign Minister, aud on tnat point aioDe IL
question OF the highest privilege.
ARGUMENT POTTER.
Mr. PoTTER replied 10 the arguments on the point OF
order. the privilege asked Tor he said, only the
privilege oi having now consdered tho resolution
presented The privilege " which tho rcsolu-
ton was entitled arose from the fact that
II had been set IN motion, nrst by the puoiic formal
acton OF sovereign State, and second, from tho
nature oil the subject matter TO which IL referred.
Gentlemen on the other side had been quick TO do
clare that u he hE PottorI would say that the pur
OF the resolution was TO impeach and unseai tho
President o the United states they would admit that
IL In der. That he declined TO declare. Ii that
given TO the rulc by the gentleman from
Name (Mr. Haiol was righs-tnat the Limitation OF
privilege In reference TO election oil President Is
an inquiry IN reference to his election before
hs Is seated or with WOW to unseatng him. that
q construction which would forever prohibit tho
House from inquirng into frauds that had been sue
cessiuiiy committed and which had como to knowl-
aiv uttc ihetr AM nj acc lahm