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

of tho governm and as 10 tho connection OF high
Is unable 10 CONCEIVE. The Chair ands enumerated
among the questions OF privilege, BET down IN the
manual, tho NEUTRALITY-SUSPICIOUS. OF the President /"
Tho Chair, therefore, rules that tho preamble and
resolution embrace questions OF privilege OF The high
est character, and tho Chair the right Of
the gentleman from New York TO offer the same. zap
plause ON the democratic side OF the chamber.) fhe
o'nsr points are, OF course, held In reserve
Mr. CosGkR, OF Michigan. appealed from the decision
OF the Guar. and Mr.. PorrEK. OF New York, moved
to lay the appeal on tho table.
Mr. Potter's motion was agreed to-yess 12S, nays
loS-a party vote. with the exception Of Mr. For, OF
Illinois; Mr. Mtcnell, Of Pen nsyivana, and Mr.. But
sr Of Massachusetts, who voted with The democrats
ana Mr. Buckuer, OF Missouri and Mr.. Mills, Of
Texas who voted with the republicans
Mr. REAGAN, (dcm) OF Texas, desiring to justify his
agreed with his colleague mr. Mills that the retria
OF the Presidential question could DO had by tho
House, the resolution, alleging that great fraud
had been perperated raised question Of the highest
privilege.
ANOTHER roIsr or ORDER
Mr.. CoNGER, OF Michigan, ra1sod point of order
that as the resolution gave the committee unusual
powers to SIT during recess to report any time and
Tor the chairmen Of tho to administer
oaths, u could not be adopted by nero majority
vote; also that as the resolution provided tor
pendilure OF money must first be considered Com
mlttes OF the Whole.
Mr. SArLgR, idem.) OF Ohio argued that tho commit
tees could, 6y simple majority vote, be authorized TO
ST. during recess, and he quoted 10 support OF
view precedent the case OF the famous Gardner
investigator. He admitted, however, that in that
case the question had not been raised.
Mr.. GARyIELD, OF Ohio claimed that his colleague
had shown no precedent that had any force. He had
never heard u clamod that proposition TO sit curing
recess could DO adopted by q mere majority vote.
The SPEAKER ruled that rs 10 the right OF cnairmen
OF subcommittee 70 administer oaths that
matter TO be decided ~ the mmttee itself II u
contrary TO law then IL did not matter whelher the
power was gwen by atwo-thirds vote or BY majority
vote.
Mr.. BuTLSR, (rcp) OF Mass, cited the case OF sub
committee OF the judiciary Committee the proceed
ings tor the impeachment Ut President Johnson where
Q recusant witness refused TO answer under oath and
where the House ruled that ee was bound 10 answer
Mr. THOMPSON, trep.l Of Pa argued that inasmuch
a., under tns rules, committee could not during
the recess Il must require suspension OF the rules
to give that authority.
Mr. SAYLkR, Of OHIO, challenged him to indicate the
rule that prohibited q committee trom sitting during
the recess
Mr. THOMPSON quoted the seventy second rule.
which provides thai no committee shall Sit during
the session OF the House without special leave.
Mr.. CAsvELL (rep.) OF Wis, stated that that ruie
which statement the Speaker concidedl but that the
rule which appncd was the parliamentary rule that
neither House could continue any portion OF itself IN
beyond Inc oil the session without the
consent OF The other House.
Mr.. sAYLER. Of Onio SAID that that rule applied to
the adjournment OF Congress; not q recess between
one session and another
Tue SPEAKER cverrued the point OF order a. TO the
power oil the committee 70 sit during ths recess.
THK ADMINISTERING or oATus.
The next point discussed and decidsu thu
right OF cnalrmsn Of sub-commitIees 10 administer
oaths
Mr.. CoSoEK said that the statute prescr bed who
might administer oaths, including the chairman VI
cOmmlttee; ana tnAt rules declared VINO should
be the chairman Of committee-the first named
member OF q committee and IN his absence the ext
Ia order, and SO on. Tho House could not ny simple
resolution say differently from the rulos that the
chairman OF y sub-com mittes was the chairman OF o
commiIIeo.
Tho SPEAKER overrulet the point Of order on the
ground that Il The House should authorize the appoint
ment OF q subcommittee In the manner provided the
chairman OF such subcommittee would have powers
under the very words vi tho statute 10 administer
oaths.
Ho also ovorrued the point 70 the expenditure OF
money.
Mr.. GARYiELD, Of Ohio. then made tho point Of or
der that required TWO thirds vote TO give the
mtttoe the power 10 report ~ any time.
The SPEAKER sustained that point OF ordcr.
Thercupon. Mr. PorrER struck out that part OF the
resolution.
Mr. HALE, OF Maine, asked Mr.. Potter TO yield 10
him TO offer amendment.
oBJkcr OF THE RESOLUTION
Mr.. POTTER SAID the gentleman from Michigan (Nr.
Conger) intlmated that 1t was an npertinence my
pnrt TO introduce THIS resolution. Very low gento-
men IN the House, tnnk, would take Inc RESPONSE
bty OF ntrod ucng resolution OF this and
Of this magnitude without being requested ~
introduced at the request Of political associates
mado TO mo this neutrality-suspicious. whose wish l
did not feel myself NJ liberty 10 refuse Few gentle
mon asked by such associates would have tet them-
selves liberty refuse 70 Introduce the reso
in question. want 10 ada further, in view OF
thing that was said oy the gentleman from exas
(Mr. Milisl that the resolution contempates nothing
but inquiry into tho iacs oil the electoral votes IN
tho states OF FLORIDA and Louisiana and inlo the par
ucipalion Of officers o the governments In con.
ncciion with tho alleged frauds there. What
can DO done after the inquiry Is completed
WHAT ought 20 DO done should DO determined, | aul
Tree TO cav, only after tho inquiry has been had For
myself have no purpose III that respect, anu know
OF mono on the part OF my political associates. de.
10 add for myself that have no wish to disturb
the peace and quiet and prosperity vi the country,
which hope Is now beginning 10 revive, and that |
have that this investigation In DIS
turbing u. The government OF this country made
by tho people, aud they are competent 10 preserve u
without violence and 10 right pcaceably tho wrong
that should be rignted; or II need be, to SUBJ
NIT for season 10 wrong II the pubic iutorests
demand that II should be submitted 10; but repeat
what said before that to refuse to inquire into sue
cessul frauds Is to invite tnsir inuance
the end 10 jeoparcxe and secu re, the public
safety. Now the subject matter OF tho reso ut0n
is familiar 10 the House 1 snail move the previous
question upon H. the House determine by Us
vote on that motion whether he matter shall BIO iur
Their debated.
Mr. HALE's AMENDMENT.
Mr.. HALE, oil Maine, said nc had amendment 10
offer, when was clearly germane TO the resolution,
aud he submitted that Ia all Eirness he should
be permitted 10 onor IL. He hoped that.
considering the magnitude OF the subject
(which had been we'll referred and ack ny
the gentleman from New York; that gentleman would
not seek hero and now to stine further debate TO
prevent the republican side OF the House from offer
ing amendments that would make the Investigation
the gentleman from New YORK 70 yield to him 70 Offer
his amendment
Mr. PorrKn-I will yield to the gentleman to state
the nature vi bis amendmont. IL may be that IN q
form OF AN amendment he wants TO get in speech
Nj HALk-rbe better way Is Tor the gentleman TO
allow tho amendment 10 be read.
Mr. PoTrKR-rne gentleman from Maine 10 ex-
cccdinsiy familiar with parliamentary law and Is ablo
10 state the nature OF his amenument; and wnen no
states u tnen will answer wnotnsr viii allow 1t 10
DO offered
Mr.. HALE-rhen will road tho amendment
Sir. PoTrKR-I did not ask the gentleman 10 do that
asked HIM 10 state what the nature Of his amend
mcnt was.
Mr.. HALE-I think | may be allowed TO say that
this matter has not come up suddenly. IL was con-
sidered long time ny the gentleman and his associ-
ates, but u was mover known when t would DO
sprung upon the House Feeling that IL
was becoming, OF course. party matter,
consulted with the Speaker and received from him
the assurance-and l attn glad to say that IN these
matters the Speaker Is always ready TO give tho
minority chance 10 be heard-sLat this side OF the
House should oe represented IN this matter aud
should have tho opportunity OF presenting It's PROPOSE
Ions All that VIII come from the gcntieman,s yieid
ing 70 my courteous request that my amendment may
come In here ~ the opportunity to vote upon 1t. He
and his associates may vote ~ down u they
will and We Will then vote upon the resolu-
tion no Will see, however, that my amendment
gernanc 10 tho resolution 10 III the direction OF In
vestgation and that 80 lar from narrowing the in-
vcstigaon or sitting II In tue least degree IL sends
10 this select conimittoo, appointed Tor purpose,
subject matters 01y connected with the subject
vi the original resolution aud that IL parts