The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-16

washington Post: Stimulated ~ a
legitimate II somewhat lifeless and re-
Iuetant quorum for his caucus last week
and freshly mindful OF his responsible
,,y as the last remaining champion of
,bs constitution, Hon. Joseph w. Bailey,
~ Texas, now consecrates himself 20
.be rebuke, If not suppression, Of Major
General Joe Wheeler. OF Alabama II
snpcars that General Wheeler has Of
~5ded in permitting his constituents to
re.eIect him to Congress while he holds
, commission in the army. BaileF's
constitution says that nobody can occu-
nv two such places at the came time.
Genera! joe Wheeler, therefore, is ana
,hema, and he must go.
We shall not without our tribute Of
admiration for the nerve involved IN
'bIs Demonstration on BaileV's part, 10
s,i,ck-and In such fashlon-a' man
,yho has made himself beloved and hon-
orad by the whole American people,
,yIthout reqnrd to political or geograph-
deal distinctions. is worthy Of Boabdii.
We know OF no one, save Admiral
George Dewey who has emerged from
tbe war lust terminated with more re-
nown than General Joe Wheeler. He
mas shown himself the ideal soldier
Considerate as he Is brave, modest as he
Is impetuous full OF clivalry and gentle
mess, The Chevaller Bayard would have
been proud to touch his kindly hand.
In lust what respect he has really sim
ned we do not pretend to say. What we
know is that. from the momeDt OF his
acceptance OF the military appointment,
he has never accepted cent of COM
npnsatloB for his services In Congress.
What we believe Is that his reelection
was intendedSby the people OF Alabama
as tribute to his patriotic proWess and
a notice to the country TINT southern
men arc glad 10 honor loyalty and
courage and devotion exhibited In de-
Tense OF the flag OF our reunited cOun-
try. We believe this because General
Wheeler has shown no disposition 10
exercise his legislative functions IN
Congress since he put on the uniform
OF the army, and It has always seemed
10 US that the arrangement is one
which should commend Itself to every
man with spark OF patriotic sentl-
uent in his composition.
Mr.. Bailey, It seems takes another
view OF the matter. We chronicle MS
enterprise without pretending 70 un-
derstand IT,
Concerning the question at issue Mt.
Bailey has made the following state
meni:
u have heretofore refused to say
anything on the subject for publication,
but / have seen 50 many and such dii-
serant statements attributed to me that
/ have decided to state my position, and
It viii ne found that am simply IN
slsting upon an obedience to one OF the
plainest provisions OF the constitution.
section 6. OF dsticle /, declares That
no person holding any office under the
UEl,ed States shall be , member OF
e{tiefs house during his continuance IN
Office.
Undoubtedly General Wheeler is
pcrson, and a very distinguished one;
undoubtedly the mnjor- generalship
which he holds is an Office under the
United States. and q very high one. 1t
is, therefore, perfectly plain that when
he accepted his appointment in the
army he vacated his seat In the house
q representatives. The constitutional
provision Is not only as plain as the
English language can make II, but this
very question has been expressly de-
cided twice. and unanimously decided
the same wav on both occasions
ut arose first in 1903. when Mr.. Van
Ness who, after qualifying as MEM
Der Of the house, accepted an appoint
ment as a major IN the militia OF the
District of Columbia. His military office
carried no salary and involved praetic-
ally 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 lake the vote
the Hon. John Randolph, then the lead
err of the Democratic party In the
house, declared that. although II was
agreed hy everybody that Air. van
Ness had forfeited his seat. yet he de-
sired 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 demanded the yeas and
nays. The roll was called. and the Re-
cord shows that the house voted unani-
IlOusIy III lANOE Va AlAC NNAy fS~tNaSAA
which am now asserting.
THE same question arose the second
time during the Mexican war. when
Mr.. Yell, OF Arkansas, accepted an APP
polntment as a colonel OF volunteers.
The governor OF that state held that in
accepting his military appointment he
had forfeited his seat in Congress, and
ordered an election TO fill the vacancy.
Mr. Newton wars elected NJ this special
election. and when he appeared at the
house and asked TO he sworn In, an OBJ
lection was made. The objection, how
ever. was not based upon the ground
that Colonel Yell could hold a seat In
Congress while acting rs military OIL
ceg OF the United States; but 1t was de-
Ciaed that the house was not IN posses
sion OK any facts TO show that Mr. Yell
had either resigned or become inellgi-
bic. and Mr.. Jones. OF Iowa, moved to
refer the whole question to the COM
mittee on privileges and elections.
During the debate report from the
adjutant generals Office was read
showing that Mr.. Yell at that time held
a commission as the colonel OF q VOlun-