New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-18


Washington nov. 17.-Wil General SicLles lie oblig
70 surrender his place the retired is Of the Army
before he take his seat rs Representative In
Congress Is question which continues 10 provoke
discussion. Probably everybody will agree that II
General SicEies, officer tho Army retired list
is holding any oGce urGer the United states he
cannot st as Representative In Congress 50 oHg as
he continues hold that Office. because the Conshtu
ten Of the United States prohibits it in these words;
And no person holding any Office under the United
states shall be member of either House during lis
continuance n olice.'
The Supreme Court Of the United States has decided
thst an officer on the retired list OF the Army is per
son holding an Office uud~r the United states within
the rurview the Constitution. The sHoPe ana mean
Ing OF THIS decision, ii the decision ITSELF appear
to have escaped the attention of General Scbes ana
other lawyers who maintain that ne may hold seat
I'm Congress and at the tlmc retain his place as
an officer on the retired list OF the Army The case
decided by the Supreme Court brought before mat
tribunal appeal from the Court OF CalhS' VINO"
bsd decided that a retired officer Of the ARMY beng
an oncer of the United states" couh not appear III
that court as an attorney for claimants against the
Government. The decision was affirmed by lhe ou-
preme Court From The opinion III that cast "li'h
WA delivered by Justice Miller. the following pas
sases are here quoted;
The law under which these officers are retired docs
not require their consent nor does IL require l' IN,
order for their r urenet shdlI De DIS" "iVi ' n.y.
absolute incapaCity Tor further srrNlse. s, NM, ~
sx,vt,To veaIs by no means implies such incapaclty
IL may he based upon wounds received IN mtuc oI'
poses be a Very useful officer. The PToFiSloh' o! ue
statutes ani ~ g9Tm Iea bo.c1sar Fl mply that
Vile nor reanred 10 perform fdl serNic", tcy are
art Of the and NAV he asslenet 10 Su0h u'N IN
u'T '" w. imTcrss1a ~ h6n TINT who are by
statute declared TO be part OF the army VINO may
IT, T1ster , %lG dp.ies Sy detail. as Gthor officers
,hf erft Ia
War, ana may be tried. not by Jury as one, lr
crens but BY military court Ia marital 6aII f s sT
missed on such trial from the service N GlsSracr
cso9e 70 provide for their qualified relief from active
duty and for a diminished co'npensalon. II 0d NO..
DISCHARGE them from I t1e o; s,f. o'sa"' Il" P''
We are Of opinion thai r,ired oihceTs are m .,'
pav Of 10 per cent for each five years service
applies TO the years 20 paie'ed III the ser'''' '0' "
tlrcuent well cs before
TIL. r,nse Of Representatives has made con-
rs+ene record for stsclf in declaring tho n'tef
inconpatbiMty Of the Army oiccT and the Member OF
Congress. This record goes back more thHn nal II
century. and there has been no deviation from inc
rule that the officer I'm the Army shall not iiod Il
sest IN the House Of Representatives.
Tho best Illustration OF the positive alutooe Oh ''o
vors4 toward Army officers seehng seats IN that
legislative BODY was given in the case Of tlat as
sneuished Union soldier. Msior''ereai tIfhK =
uoir w. OF MssOnr Tic cotton of INC liouSe upon
.ba plsir taken lHn'aieVtNf "''-' 49,
,non .he case Of Pobert c. Schcnck, OF ONO. INC
- hod re.,crea lis commission MtoT-Genera!
W the ARMY AID that resignation was %'ccp'e"' 90
tslse effect December o, 1868, two days D'loie III"
dete of the assembling Of The frst ecssl"" oi "'
XXxyIIIth Congress 70 which General SchencK h'a
bean elsdra ard in which he served. having ehrita
u,,n hts dptjes a. r. member on The hrst oaN ol INV
er+ e4Ssor The decision Of the House was UNIV
Genera, schenck waS no', by reason OF having ir'N
the Office o. Najor-Gen~r., disIualre from h"l1hs
n seat a. a Representative in the NAANlIlih I'm
orees He had ceased to be an officer IN the Army
,sfor the berfnnng Of the first session OF the Con-
60. gut as TO General Blair, the decision was
inherent 1t that by continuing to hcid inc o"'e
of Mator-General and TO discharge tie duueS 'neeo'
until Janusry J. 1854 THE date cd his resighauo'' NC
thereby declined and disqualified hlnsen TO holu wv
oaca of Representative in the xXhVulth oohsicsS'
-. Ar, s.s.,cD OF which mad begun month BEFORE
ths date Of his resignation from the Army "nneiAi
Bl,Ir had held in the House penang u'' We
cistoD but the House declared he was no' duy c'Son
and unseated him, and seated IN Ips s''d" N
Knox General Blair's competitor.
Following are some pertinent extracts Honi tne
nort of the House Committee which was sh0ptso
il the Blair case; =,
The duties OF the two Offices are 50 entirely ~
p;S.tIcle would render their disclaret ty ,Ie so,
S,rsJn an imp1ssdnty. The RepreNehthlNe i ,s
d;ctarsg the duties they require 0f nm ah3er ho
Sn.rltGi6u; the Major General Is appoihu1 oy we
fresiueh,, ~ rsp,rrd 10 OBEY HIM as C,inmanderin.
.Lief The kepresentuVe " snail hot Ne HS.,S ~
- .,,, cher MACE any speech or ceDit" y.
The House but II he BE- major seneT@i aeI 10
rtIPssnr nrcer he Inay be court marta!led Tor IL
lie shn in all except treason, Irlo'S az 10
Ireaer W. an The session Of the House ana Ia
cong 10 and returning from inc sahe In' ",raI
H. IL ntltar service and his fTlouGl la, exihrel,
~ nav he arrested aud lodged in grrirdnou'. DS
co,tIrll VI guard tO await u al. ~ 49,. ,r,
Rem, enative b. called upon to vote Gp,h we pr If
ne spe ar c'r}iuuance vi the Rules ana Aruces vi
Tar for the violation 81 wIlch ne nuS J por'.ecr,-
&c may require Of hin u mpeaoh fnG geneya
ais Commander nChief II ne W uoiDr Zinc re,
willie his duty a scdler may AT 'n NV, ~ deaib
'ure 81 him unquesuoned obedience on p PIX % az n
.. the order Of that same % rn,a,r IN person
thousand miles from the capital: o,o,,a,iitv as has
,ea shonyn to exist SIN ne holding 81 ines wv
Offices by peron at the 'inIt,tuti1n anti
w -, md most dangerous In Us cvhH'q 81,
Nd'ldnq Is palmer In the theory anu 5y1ta org,nI-
80, 1 he Executive Judicial aud Legishb has
prtmouis and TIE sed1ouS car, , rxercsc Of duties
en,reIy Independent Of the other. ly me leais.
70 invest the same pei"n %ien AND require Of him at
r. s.rue t,ue The discharge Of me o',. ,,ng,ng of
uie Sihc i ~, cono,.tlnq or rot. q cOilhDsnns
whether tey w ,6 Executive and Legislative Dei"rV
he1to ,,ocrs OF t'ne Constitution "a" I'M" ~ ,r
m , dt The indep"n1ence OF the Iegl1'n ad Vial
the Executive Department WIS 80 thy Of IN express
ENACTMENT ,hat "no person nDs sr 90" 81
Once mnder the United s,atcs shai. ~ nice Ard icre
e9er io' rs,oeof Nothing can De- shla 10 s" Tln
sr 70 enforce plain constitutions car,ot Le hold
~, The s,ne person at the same time. u
summed up il comes TO this a rru,'u 49, !,
officer being an officer under 'He ,,oon,o .
s,ar 81 C,noss miles, before the opening oi the
FIRST session he shall resisn his place III 'Df Ar"'
aNo one Gun doubt that e object OF the
limitation was 10 giard the House aellh,l
Influences" saws uie House IN ue AAN' '''"
er.ss and In the next sentence IL '"'u ,,a