New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-24
GENERAL WHEELER'S DEFENCE.
HE QUOTES PREcEpENTs AND ADDUcEs
ARGUMENTS TO PROVE THE RIGHT
OF A CONGRESSMAN TO HOLD A
VOLUNTEER COMMISSION.

VOLUNTEER COMMlSSlON.
General Joseph Wheeler has Issued in pamphlet
form his statement made TO Congress. In which ne
sets forth the law, facts and presidents regard
ing members OF Congress accepting temporary vol
unteer commissions" BY his construction OF Sec
ton 6, Article l. OF the Constitution OF the united
States his acceptance of n commission as major
general In the volunteer service did not deprive MIN
OF his seat In Congress. AS sort OF declaration OF
principles and summary Of hir argument he makes
the following Introductory statement:
No one reveres the Constitution more than my
Congress has never expelled a member for ac-
Decisions OF highest courts are that inhibition APP
plies to permanent, not TO temporary POSITIONS
The Attorney General Of the Cnited States decidea
pariiamentsry leaders in effect sustain this view;
President Abraham Lncon's writings snow that
his view was TO the Same effect
The General says that II was imperatively neces-
sary for him to make such statement rom tho
fact that a few members Of the House had devoted
much effort to creating the impression that the
Constitution had been violated by Messrs Robbins.
Colson Campbell and Wheeler, the four Congress
men who had accepted volunteer commissions. In
rebutta OF the effort to cxpol these members Gen.
eral Wheeler sought to show the injustice or SUD
Jecting them to the dsparasng inference thht tney
were wanting in respect to the Constitution he
maintained that. from proper construction OF inc
Constitution and one adhered to for one hundred
and ten years their position not vioatve OF
fundamental law. He also tried TO provo from tho
records Of Congress that those who were attempt
ing TO expel him and his associates were less de-
voted to the Constitution than he. and had per-
mitted II to be violated without protest
The section OF the Constitution referred TO reads
as follows
No Senator or Representative shall. during the
time COR which he was elected. be appointed TO any
civil Office under the authority OF the United states
whereof shall have been increased during such
time and no holding any office s,ps Under So 1ss
during his continuance in office
He argues in part follows:
1t would not do 10 contend that the trainers OF
the Constitution meant to provide that G9nsress
their seats IL they were called out IN temporary
emergency and It will not do to answer this by say
Members ,T ffom militia duty Therefore il shows
that Congress has been wise and judicial IN h9 ho
a temporary volunteer appointment was not that
kind of Office which the Constitution referred to
cepting ofices II shows that the courts were tight
in Ss Ss the SPSe o hs
United States was right In adopting such con-
BOWERS Law Dictionary, edition Of 1897. pase
az. says: .. ,,,. =. =, ao,b,fu, i'm
port, the courts will adopt lons-contihued con-
struction put upon It; sr.a and ton wears Of our
Government Congress has never unseated mem.
Der because he accepted temporary p nesn
admitting that the cause Of the CONSTITUTION d, r
doubtful it is the duty Of Sonsress 70 aq heen @
I have carefully examined this question: and And
that in the whole history OF our Government no
member has been expelled deprived OF his seat IN
Of his having Ts Sep in an s and his
gentleman was appointed TO and accepted an once
Of a permanent character which would continue
When received the appointment as major gen
e efa Ds wRose desires could
resign my seat in Congress tound that uu hnr
them had resigned their seats in Congress-
member his Of TSasFsss s Gf
the Constitution and who places suen
ssry HARDSHIP and by such action shock the Srd-
honest mind and Sdsm TPI to The the Com
stitution Is the worst possible ene"'' ~ '''o
sttution Of our country.
General Wheeler quoted message from President
lincoln on the case OF General Frank Blair and
remarks
This message from President Lincoln, and letters
VII s cogeress did not vacate his seat by accept
ing a temporary appointment In the volunteer ser
When this trouble began the complaint Ia 1t WAS was
that the members who had been apponisq 80 Tn.
Investigations showed that neither Wheeier nor no.,
Robbins had drawn two salaries ,b %s Arm NO 'o og
NAV l. 1895 have not drawn one cent OF salary As
member OF Congress nor one 6eht mt, 10 Tor clerk
General Wheeler also remarks that members OF
the House who advocated the appointment OF the
Hawaiian and Canadian commissions ana voted
for the appropriations for expenses have accepted
niaces on those commissions. and he comments on
the fact as follows:
We see here that two laws are enacted creating
offices OF great power. and that large sums OF
money are appropriated to pay the expenses OF the
We see that two members OF Congress who were
members OF the Congress which enacted the laws
which created these Offices were appointed com,
missioners on the commissions which they mao
helped TO create 49, 49,. 49, -.
The judiciary Committee asserts that the APP
Monument of these two members OF Congress 70
these offlcee and their continuing TO hold tnese
Offices and also continuing 10 hold their seats as
members OF Congress. is not In VOCATION Oh .nc
section Of the Constitution which we are consoef-
ing. h.,.o .rd.ayorod
70 saw nothing TO which my fellow me nbers could
obtecf but have sought to make the defence II the
Lindest and most respectful manner possible what
ever may have said regarding the ohicial action ,
~ NV colleagues not intended as criticism out
was simply effort to make my argument clearer
and more forcible.