The Portland daily press., 1878-05-14
,e given by mere majority VOTE but would require

Il
MIR. Potter # N. Y, said that would suppose
that if there was any subject which should be en-
titled to preference in this House in respect of tn
order ct business, it was a subject brought 10
notice by the memorial of sovereign state touching
the official conducf of high officers of the govern
ment and rotating to frauds alleged 10 have o.
ccrred changing The result of the election of the
highest officers Of this government.
Mr. Conger-Has the II emorial of the state of
Maryland oeen committed to the gentleman ffom
New York so that he has any possession of it
which to offer such resolution
PotteI-l am now speaking only to the question of
oruer' Later on II have an opportunity to say any
thing shall be able t. make answer to the inquiry
which the gentleman from Michigan has just put to
me. Now as to the question of order it seems to me
that to state this is to argue it, If for the
ons that appear on the face of this resolution tos
inquiry is not privileged then nothing by its ma
ture b. privileged If the House of Representatives
ought to give preference to the consideration of any
subject subject of the magnitude OF this one ought
certainly to have such preference
Hale of Name argued from the rules AMI manual
that the resouti IN did not present a question Of
privilege. the resolution proposed or was intend
ed to subvet the aceepted result on the PRESIDENTIAL
election then there might be claim that it did
present question of privilege. But as mere ex-
sslon OF opinion 1t did not present any such ones
Garfield also argued against the resolution being
privileged one. He said the gentleman from New
York bases his claim that it is privileged question
on the tact that the memorial which it recites is
memorial from sovereign state therefore entitled to
| l think the gentleman from New York was unfortu-
nate on planting hi on that idea The states of
this Union are represented by individual members
are sent here to speak and vote for their states
and In no other way whatever can state OF this
Union be heard on this floor except under the rule
whicn is recent moditcation) that ON the Monday
mornings call the joint resolutions of state and
Iitorlai gislatures may be introduced for printing
The oeaker said that the gentleman from Ohio de-
MED to state the right ola petition as given in the
| Garfeld-Oh, state has of course right to petit
| ton.
| Speaker-A memorial is petition and is prov lied
for in the constitution wherein it is stated that Con.
gress shall make no law abridgng the right of the
| people to petition the government for redress of
| grievances.
| Galfed-The Speakers reference to the right of
petition is entirely unnecessary That question was
discussed on this very Maryland resolution and
here granted the perfect and unquesttoned
right OF the petition But the right of action here on
this floor is quite different thing and the Question
OF whether it Uses to the dignity of privileged ques-
| body can demand of the House. This is question
OF privilege without doubt, provided the mover of it
alleges that he proposes to follow it up matter
| OF impeachment. If he says this proceeding is in
tended to pave the way to an impeachment then,
Doubtless it may be a question of privilege. If he
says this is proposition by the House rise and de-
termine the question of the title of the present Chief
Magis trate to the office which he holds then answer
thai this question which has been Determined bv the
JOINT voice OF the two houses of Congress is beyond
the reach of this House. If again the obe Of the
resolution is merely to organize committee for
the faD then the exgencies of political party have
never yet risea to the dignity of questions Of pv-
o lee; Furthermore aah there is in this
der until this shall be settled proposition that
the committee shall have the right to Sit in the re-
cess Neither of those two propositions can be
adopted BY majority vote, and thereupon reserve
that point OF order until an opportunity Shall arise
am glad at least after the long threat that has been
hanging over the country that these gentlemen in the
language OF Shakespeare have 'leit off their damna-
pie faces and begun and now let the play co. Zap.
| plause on the Republican side)
Mr.. Mills argued that the resolution did not pre-
sent question of privilege. He could find no shell
ter for 1t under the constitution unless under that
power OF the constitution which gave to the Ho use
the right to originate an impeachment against the
PRESIDENT for high crimes and misdeme anors
put IN order to make it question of privilege under
| that CONSTITUTE NAL provision the resolution must
contain charge against the President of Sufficient
gravity to Justify the House in putting him on trial
Tor impeachment. He said all the frauds alleged in
| the resolution had been once investigated and that
| competent body under the constitution had
declared the present incumbent of the Preside ncy
duly elected under the constitution and the law and
that was the end of it. The power no longer existed
IN the 45th Congress- and any attempt on the part
the 45th Congress to exercise such power over the
| Presidential election a usurpation This Com
gress had no power at all over that question What
ever power the constitution vested in either House
of Congress on such subject had been exercised by
| the 44th Congress There remained not q shadow of
right on the part of this Congress to exercise such
| power The only power which this House had over
tne president was the power to impeach him for
| some crime and misdemtan which he himself had
committed out not for frauds which others had com
mltted In Dr1ng1ng him into the Presidency. If this
house had the power to invesiga the Question as
| to how Mr.. Hayes obtained the Presidency il also
had the right to Investigate the means by which
4 James K Polk had obtained the Presidency in his
time and it might also go back the DAYS of Geor ge
WASHINGTON and bring the facts OF this election before
| the people
Cox of New York read an extract from the decision
OF tue elec toral commission in the Florida case and
Gnafged Garfield Tone of the commissions 81 with
having either convenient conscience or convenient
logic 1t seemed to him (Cox,) that whatever steps
might be taken to reach that great transaction, the
gentleman IN OHIO held thai they were outside The
record attunde So far the question of privilege
was concerned Tbs was question of high privilege
All that concerned the election of the President Was
question OF privilege. Non constat that it mus
lead to mpe lchment So far as the resolution went
its very term fxe some sort of charge the secre-
tary OF the Treasury and foreign minister and on
that point alone it was question of highest priyi-
iege
Potter replied to the argument on the point of or
der The privilege asked TOR he said was only the
privilege Of having considered the Resolution
presented The privilege to which the resolution
was entitled arose nom the fact thai it had been set
10 motion first by the public formal action of SOW
eregn state and second from the nature of the sub
! ject matter to which 1T REFEREED The gentlemen on
the other side had been quick to declare that he
Potter) would say the purpose of the resolution was
States tney Would admit it was in order. That he
eclined to declare.
The speaket-The issue involved is a new one in
the history OF this country and an examination of
the basis on which the preamble is Introduced is
proper The legislature of the state of Mary land
passed JOINT resolution touching the subject treated
OF IN the preamble and resolution Just read A
copy of that resolution of the state of Maryland has
been remtted to this House has been referred
committee and is within the Knowledge of the
members of the House. Whether these allegations
can be sustained BY proof it is not for the chair TO
consider. 1t is enough for tine char to know that
tney came Rom pc ~er which within the limits is
recognized as sovereign by the constitute lnand
that The issue involved to the welfare Of the
people oil all the states Nor is it within The RANGE
u sslDllIy ior the chair to express opinion as
TO now Tar such an investigation should 90 in order To
reach tne facts The Chair therefore rules that the
preamble and resolution embrace questions or nrivi-
leee OF the highest character and the chair recog-
nlzes the right of the gentleman from New York to
oher the same. Applause the Democratic side of
the House) The other points are of course held in
reserve. ~ 49,
MIR. Conger appealed from the decision of the chair
BILE. va Wv w
Mr. Potter's motion was agreed to-yeas 1913 nays
i0o-a party vote with the exception OF Fort of Ill
Mitchell OF Pa, and Butler of Mass. who voted
Wild the Democrats, and Buckner OF Mo, and Mills
Oh a, Iexas who voted with the Republicans.
MT. Reagan desiring to justify his vote in sunnort
OF the resolution, stated that while he agreed while
with his colleague (Ml.) that re. trial Of the Pres
1aentlai question could not be had by the house the
committed raiser question of the highest priyi-
lege. eAN'' p'i'i-
After more discussion the Speaker overruled all
me points OF order excepting-that it required
two-thirds vote to give the committee power to
report at any time-whereupon this was struck ont.
naoa va motion was made to adjourn and voted
upon when the Speaker stated that the resolution
would remain before the House until discussed of
fendlng announcement of the vote Mr. Hewitt
ctpoiaeu t1e army appropriation BILL and Mr..
Soep9ens Dii promoting the further coinage OF
anu anu cent pieces and declaring subsidiary silver
com CON legal tender to an amount notexceeding 500
Wnlch latter bill passed and then the vote was
announced resulting 10 favor of adjournment, 11S
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