The true northerner., 1898-05-25

stitution for the government. IL ought
TO have been abolished long ago. but
IL was continued for political reasons
until recently, when IL was consolidated
with the Marquette office. Nearly all
OF the valuable public land In Michigan
has been settled and put under cultiva-
ton long since. Gradually the land OF
fees I'm all OF the western and north
western states are being closed. The
time has practically gone by for sing
ing the once popular song: Uncle sam
Is Rich Enough TO Give Us All
Farm The star OF empire has gone
westward, and there is no longer an
undeveloped frontier
Congressman In the Army.
The question whether senators and
representatives who accept commissions
IN the army shall retain their positions
in congress has lately been agitated
here great deal The constitution
provides that civilian and military Of
fees shall not be held at the same time
But the wording OF the constitution Is
capable of more than one construction.
Two or three representatives OF the
house In former years have forfeited
their seats for holding commissions In
the army. The first of these was John
p. Van Ness, whose name has become
historic in the District OF Columbia
He was elected to congress from what
was apparently the Eighth New York
district in 1902. The termination OF his
career in congress is thus referred to
in Ben Perley Poore's list OF members
Of the house and senate: Forfeited
his seat Jan. II. 1903. he having ac-
cepted and exercised the office of ma
jor of militia under authority of the
United States within the territory OF
Columbia"
The next case was during the Mexi-
can war. and has been looked up by
Major General Joseph Wheeler Of Ala
bama because il is thought TO be parallel
his own-that of Representative
Archibald Yell of Arkansas, in July,
1876 There is no evidence that Major
Yell resigned, but Mr.. Thomas w. New
ton was elected to fill the unexpired
term" Major Yell resisted this method
OF ousting him from legislative halls,
and a contested election case was the
result. Hon. Hannibal Hamlin of Maine.
afterwards vice president Of the United
States, was chairman of the elections
committee that reported on the contest.
Every Member "A Colonel.
In his report Mr.. Hamlin made the
suppostion that every member of the
house was a colonel. Ii such thing
should happen, Mr.. Hamlin argued, the
president. who is commander-in-ch chief
Of the army, could appear on the floor
and order each member TO return TO
military duty at once, under penalty
for disobedience of orders Under such
circumstances Mr.. Hamlin thought the
lower branch Of the legislative depart
ment Of the government would have no
independent existence whatever. Along
the same line he argued that mem
ber of the house, holding commits
sion in the army, could not freely crit
isise the policy Of the executive with
out danger Of having to answer for
speaking disrespectfully of his COM
mander-in-chief. The house voted to
unseat Major Yell. and while that gen.
tleman served his country on the field
of battle. Mr. Newton served in legis-
lative capacity.
Vallandigham's Resolutions.
Quite different treatment was shown
the members OF the house who held
commissions in the army at the begin
ming of the civil war. The records or
the Thirty congress show that
on July y, 1861 Representative Val
landigham of Ohio offered resolutions
in the house inquiring into the quail
fications Of several members TO retain
their seats. The resolutions recited that
the following members of the house
were reported to be holding army COM
missions: Representative Gilman
Marston OF Exeter y. H.; James E..
Kerrigan of the Fifteenth New York
district; Edward Mcpherson Of Gettys-
burg. Pa: Charles j. Biddle of Phila-
delphia, and Samuel r. Curtis Of Iowa.
There was only brief debate on Mr..
Vallandigham's resolutions, but some
bitter things were said. Representative
owen Lovejoy, the abolitionist, sug-
costing that Mr. Vallandigham could
we'll examine into the validity Of his
own credentials Mr. Vallandigham re-
torted warmly that he would have no
controversy with that gentleman on the
floor. but IL he wanted a controversy
in any other place, he had only to ask
for it. He said he was assured or his
own qualifications, but intlmated that
he was fully prepared to follow me
flag of the country. Some OF the gen
tlemen at whom the resolutions were
aimed spoke in their own behalf TO the
/ effect that they held tnelr CoHlinlsSlols
from the governors of the states. Rep
resentative Curtis of Iowa declared
! that he was a state officer, who had
been loaned" for service in the United
States army. Representative Nallan-
digham made the point that these ofh-
GERS were nevertheless paid by the
United States. and that they were In
reality officers of the United States
army.
Served out Their Time.
Representative Kellogg OF Illinois
moved to lay Mr. Vallandigham's reso-
lutions on the table, and the motion
was carried-yeas 92, nays 81. Repre-
sentative Curtis resigned Aug. 4 fol-
lowing. but. according to Ben Perley
Poore. the others served out their time
in congress.
II is said at the Capitol by men who
remember the war events there, tha'
Senator Baker of Oregon who held a
coloneps commission in the California
regiment. retained his seat in the SEN
ate up to the time Of his tragic death
at the battle Of Balls Bluff and 4hat MS
funeral took place in the senate cham-