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

Of this House and during vacation, anl
that said committee proceed in this inqui
ry and have leave to report at any time.
DISCUSSION OF THE AHFAIR.
The preamble and resolution hayipi
been read Mr.. Conger said they did no
present the question Of privilege, ant
that the powers proposed in the resoln
tion could not be given by mere MAORI
ty vote, but would require suspension
OF the rules.
Mr.. Potter said one would suppose tha
il there was any subject which should
be entitled to preference 10 this House II
respect 10 the order Of business, 1t wa
the subject brought to iis notice by th'
memorial Of q sovereign State touching
the official conduct Of high officers Of the
Government.
Mr.. Conger-Has the memorial Of ihl
State Of Maryland been committed to the
gentleman from New York, so that be
has any possession OF II on which TO ofei
such resolution?
Mr.. Potter-I am now speaking only
To the question of order. Later on. II !
have an opportunity to say anything, /
shall be able to make answer to the in
quiry the gentleman has Just put TO me
Now a. 10 the question OF order. II
seems 10 me that to state this case Is tt
argue il. II for reasons that appear OF
the face OF this resolution this inquiry ii
not privileged, then nothing can BY IL
nature be privileged. II the House ol
Representatives ought TO give preferences
TO the consideration Of any subject, sub
ject Of the magnitude oi this one 10 which
the resolution relates ought certainly te
have such preference.
Mr.. Hale argued from the rules and
manual that the resolution did not pre-
sent question OF privilege. II the reso'
lution proposed or was intended to sub
vert the accepted result in the Presiden'
tial election, then there might be some
claim that it did present 4 question ol
privilege, but as = mere expression oi
opinion II did not present any such CUES
tion.
Mr.. Garfield also argued against The
resolution being a privileged Cne. he
said the gentleman from New York
bases his claim that It Ia privileged
question on the fact that ii is memorial
from a sovereign State, and is therefore
entitled to very high place in the con.
sideration OF this House. Think the
gentleman from New York was unfortu-
nate in planting his case on that idea.
The States Of the Union are represented
by individual members, who are sent here
10 speak and vote for their States, and in
no other way whatever can State ofthe
Union be heard on this floor, except un-
der rule 0, which ia recent modification
that on Monday mornings call joint
resolutions Of State and Territorial Leg
islatures may be introduced Tor printing
and reference.
The Speaker Would tie gentleman
from Ohio deny 10 state the right Of petit
tion as given in the Constitution.
Mr.. Gartield-0h, State has of course
the right OF petition.
The speaker-A memorial is petit
tion, and is provided for in the Constitu'
tion wherein il is stated that Congress
shall make no law abridging the right ot
the people 10 petition the government
for redress Of grievances.
Mr.. Garfeld-The Speakers reference
to right and petition is entirely unneces-
sary. That question was discussed on
this very Maryland resolution and every
body here granted perfect and unques:
toned right OF petition, but the right of
action here on this door is quite adifier.
ent thing, and the question Of whether It
rises TO the dignity Of a privileged ques.
tion depends on the right Of action which
somebody can demand Of the House. This
is q question Of privilege without doubt,
provided the mover OF II alleges that
he proposes TO follow it up rs matter OF
Impeachment. II he says that this is
proceeding intended to pave the way
then doubtless 1t may be a
question Of privilege. 1.-The says that this
Is proposition by the House TO raise
and determine the question OF the title
Of the President TO the office which he
holds, then answer that the question
has been deter mined by the joint voice of
the two Houses Of Congress, and 1t Is be.
yond the reach OF this House. II, again,
the object OF the resolution is merely to
organize committee for campaign pur.
poses 10 make campaign literature for
the fall), then the exigencies oil a polit'
cal party have never yet risen to the
dignity Of questions Of privilege; further
more there is in this resolution g propo-
sition that the committee shall have the
right TO sit in recess. Neither oil those
propositions can be adopted by a major
ity vote, and / therefore reserve that
point Of order until an opportunity shall
arise. / am glad, at least after
the leng threat that has been hanging
over the country, that these gents, In the
language OF Shakespeare, shave lett Oh
their damnable faces and begun and
now let the play go on. (Applause on
the Republican side).
Mr.. Mills argued that the resolution
did not present the question oil privilege.
He could find no shelter for 1t under the
Constitution, unless under that power ol
the Constitution which gave the House
power to originate an impeachment
against the President for high crimes and
misdemeanors. But in order to.make II
a question ol privilege, under that Con .
stiiutional provision, the resolution
must contain a charge against the Presi.
dent Of sufficient gravity TO justify the
House In putting him on trial for I'm.
peachment. The frauds alleged In the
resolution bad been once investigated,
and competent body, under the Con.
stitutiou, had declared the present In.
cumbent Of the Presidency 10 be duly
elected under the Constitution and law,
and that was the end Of II. The power
no longer existed 10 the 18th Congress,
and any attempt by the 45.h Congress, TO
exercise such power over the Presidential
election was usurpation. This Congress
had no power at all over that question.
Whatever power the Constitution vested
In either House OF Congress on such q
subject had been exercised BY the Forty.
fourth Congress, and there remained not q
shadow Of right on the part Of this Con
gress 10 exercise such power. The only
power which this House had over the
President WaI the power TO impeach him
for some crime or miSdemeanor which he
himself committed; but not for the frauds
which others done in bringing him to
the Presidency. II this House bad the
power 10 investigate questions as TO how
Hayes obtained the Presidency II also
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