The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-14

Wheeler contemplates resuming his seat in
the House.
Concerning the question at issue Mr.
Bailey made the following statement to-day:
II have heretofore refused to say anything
on the subject for publication. but / have
seen so many and such different statements
attributed to me that / have decided to state
my position, and it will be found that I am
simply insisting upon ar obedience to one
of the plainest provisions of the Constitu-
tion. Section G, of Article 1. declares: That
no person holding any office under the
United States shall be member of either
house during his continuance in his office
Undoubtedly General Wheeler is a person
and very distinguished one undoubtedly
the major generalship which he holds is an
Office under the United States and a very
high one. 1t is, therefore, perfectly plain
that when he accepted his appointment in
the army he vacated his seat in the House
of Representatives. The constitutional pro-
vision is not only as plain as the English
language can make it, but this very question
has been expressly decided twice. and
unanimously decided the same way on both
occasions. 1t arose first in 1903, when Mr..
Vanness. who, after qualifying as a member
of the House. accepted an appointment as a
major in the militia Of the District of CO.
lumbia. His military office carried no sal
airy and involved practically no duties, but,
Notwithstanding that, the question was
raised, and the House unanimously decided
that he had forfeited his seat in Congress.
When the House was about to take the vote
the Hon. John Randolph, then the leader of
the Democratic party in the House, declared
that although it was agreed by everybody
that Mr.. Vanness had forfeited his seat he
desired that the disposition of the House to
exclude by unanimous vote even the shadow
of executive influence should be recorded on
their Journal, for which purpose he demand
cd the ayes and nays The roll was called,
and the record shows that the House voted
unanimously in favor of the very position
which am now asserting.
',rhe same question arose the second time
during the Mexican war, when Mr.. Yell, of
Arkansas, accepted an appointment as a
colonel of volunteers. The Governor of
that State held that in accepting his mill
tary appointment he had FORFEITED his seat
in Congress, and ordered an election to fill
the vacancy. Mr.. Newton was elected at
this special election, and when he appeared
in the House and asked TO be sworn in an
objection was made. The objection, how
ever, was rot based upon the ground that
Colonel Yell could hold seat in Congress
while acting IS a military officer of the
United States, but it was decided that the
House was not in possession of any facts to
show that Mr.. Yell had either resigned or
become ineligible. and Mr.. Jones. of Iowa,
moved TO refer the whole question TO the
committee on privileges and elections. Dur
ing the debate a report from the adjutant
generals office was read showing that Mr..
Yell at the time held d commits
sion as the colonel of volunteer
regiment. The Congressional Globe recites
that upon this being made to appear, all OBJ
lection to Mr.. Newton taking the oath as a
member of the House was withdrawn, and
thus a second time the House solemnly and
unanimously decided that no man can be a
member of the House of Representatives
while holding a commission in the army OF
the United States The question arose again
during the civil war. and even in that time
of utter and reckless disregard of consti-
tutional Limitations the early sessions were
adhered to and enforced.
In the discussion OF General Wheeler $
case ] have heard quite a number of men
say that the question ought not to be raised
but | have never heard single man con-
his seat IN the House of Representatives
by becoming a major general in the United
States army. Whether we think the ques-
ton ought not to be raised will depend
very largely on the way in which we re-
gard the Constitution. Men who believe in
living faithfully up to all of It's provisions
will abhor the idea of permitting one of its
plainest and wisest safeguards to be openly
violated out Of personal consideration for
any man. however patriotic he may be. AS
for my part, / should regret to feel CONF
PEELED to raise the question against any col
league, and L would especially regret to be
compelled to raise it against General
Wheeler, but, however much / may regret
the necessity of doing so, / will raise ii
whenever any man attempts to assert his
right as a member of the House after ac-
cepting an office under the United States.
am one of those who believe that it is the
highest duty of every man to obey the law
and to respect the Constitution, and 1 have
little patience with the weak suggestion that
a member Of Congress shall shrink from his
sworn duty because a public sentiment would
allow Il brave man and distinguished man
to hold two high offices, even though it be
against the Constitution of our country"
BANK CONSOLIDATION.