The times., 1898-12-14
MR.. BAILEY'S STATEMENT.
Why He Raised the Question of Gen.
Wheeicr's Eligibility.


Whee.cr's Eligibility.
Representative Bailey of Texas gave
out the following statement last night:
Il have heretofore refused to say any
thing on the subject for publication; but
l have seen so many and such different
statements attributed TO me that | have
decided to state my position, and 1t will
be found that l am simply insisting upon
an obedience to one OF the plainest provi-
sions of the Constitution. Section 6 Of
Article l declares:
That no person holding any office
under the United States shall be a men,
ber of either House during his continu-
ance in office
Undoubtedly Cen Wheeler is a per-
son. and very distinguished one: un-
doubtedly the major generalship which
he holds is an office under the United
States, and very high one; it is, there
fore perfectly plain that when he ac-
cepted his appointment in the army he
vacated his seat in the House of Repre-
sentatives. The constitutional provision
Is not only as plain as the English Ian
guage 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 fSG3
when Mr.. Van Ness, who. after qualify
Ing as a member of the House, accepted
of the District of Columbia His mill
tary Office carried no salary. and in
volved practically no duties; but, not
wltnstanding that, the question was
raised. and the House unanimously de-
cided that he had forfeited his seat in
Congress" When the House was about to
take the vote the Hon. John Randolph.
then leader of the Democratic party in
the House, declared that although it was
agreed bV .4EprybOfir that Uap
had forfeited his seat yet he desired
that the disposition OF the House to ex-
clude 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 Record shows that
the House voted unanimously in favor of
the very position which l am now as
serting
Tho same question arose the second
time during the Mexican war. when Mr.
Yell of Arkansas accepted an appoint
ment as colonel of volunteers. The
governor Of that State held that. in ac-
cepting his military appointment, he had
forfeited his seat in Congress. and order
ed an election to fill the vacancy Mr.
Newton was elected at this special cleo
ton, and when he appeared at the House,
and asked to be sworn in an objection
was made. The objection however. was
not based upon the ground that Col Vel
could hold a seat In Congress while acting
as military officer of the United States,
but it was claimed that the House was
not in possession of any facts to show
that Mr.. Yell had either resigned or be-
come ineligible, and Mr.. Jones of Iowa
moved to refer the whole question TO the
Committee on Privileges and Elections.
During the debate a report from the
adjutant generals Office was read show
ing that Mr.. Yell at that time held "a
commission as the colonel OF a volunteer
regiment.
The Congressional Globe recites that
upon this being made to appear. all oh
jections to Mr.. Newton taking the oath
as member of the House was with
drawn. and thus a second time the Hou
solemnly and unanimously decided that
no man can be member of the House
OF Representatives while holding com
mission in the army of the United States
The question arose again even during the
CIVIL War, and even in that time of utter
and reckless disregard of constitutional
limitations the early decisions were ad-
hered to and enforced.
In the discussion of Gen. Wneeler's
case, L have heard quite a number of men
say that the question ought not to be
raised, but l have never heard a single
man contend that Gen. Wheeler did not
vacate his seat in the House of Represen-
tatives by becoming a major general in
the United States Army. Whether we
think the question ought or ought not to
be raised. will depend very largely upon
the way in which we regard the Consti-
tuition. Men who believe in living faith
fully up to all of its provisions will abhor
the idea of permitting one of its plainest
and wisest safeguards to be openly vio-
lated out of personal consideration for
any man, however patriotic he may be-
As for my part. I should regret to feel
compelled to raise the question against
any colleague. and 1 would especially re-
gret to be compelled to raise it against
Gen. Wheeler; but however much 1 may
regret the necessity of doing so, 1 will
raise it whenever any man attempts to
assert his right as member of the
House after having accepted an office
under the United States.
Il 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 have little patience with the weak
suggestion that a member of Congress
shall shrink from his sworn duty. be-
cause a public sentiment would allow a
brave and distinguished man to hold two
high offices. even though it be against
the Constitution of our country