The times., 1899-02-22
THE COMMITTEES REPORT.
Reasons Assigned for UnsentinE TIN
Military COnEressuicn,

hcaSOnS
Military Congressn,cn.
Representatives Wheeler, Robbins, Colson,
and Campbell are to lose their seats il
Congress. The judiciary Committee yes
terday filed its formal report declarin:;
them not entitled to their seats.
The report says in part:
During the late war with Spain "a
appointments of General Wheeler from
the House OF Representatives and of Gen
eral Sewell from the Senate to high offices
, in the army were commended as wise and
proper. 1t was. however. incumbent upon
these gentlemen to elect whether they
could best serve their country in its legis-
| lative halls or upon the field of battle
and he who accepted the position in the
army necessarily and pso facto Tacated
his position as a member of the Congress
of the United States.
1t may be said that there are many
Offices under the United States of little
Importance and carrying little or no pay.
and that il cannot be possible that the
trainers of the Constitution contemplated
forbidding a member of the National
Legislature to hold one of these small
offices. This is not the question. No line
could be drawn between the large and the
small offices. The principle declared was
that a member of the Congress Of the
United States shall not hold any Office
| under the United States and retain his seat
as national legislator.
1T will not do to say that the appoint
ment of Representative in Congress TO
an office under the United States and its
acceptance by him merely operates to sus
pend the power of the legislator TO act. for
if so the President of the United States
by collusion with the Congress might ap-
point majority of the legislators chosen
by the people to high offices, and thus de-
stroy a quorum in the aw-making body,
and as the people would be pOwerless to
elect others in their places, there being no
vacancies, the power TO enact laws for the
protection of the people and the preserva-
ton OF the Republic would be destroyed.
Thus by indirection and collusion between
the Executive and the legislative bodies
might the destruction of the Republic be
accomplished. In any event great incon-
venience would result.
1T may be polite and wise at times for
some legislator skilled in military science
to abandon the halls of Congress for the
field, but when he does this his place
should be filled by the people of his district
or State, who have the right to be repre-
sented at all times by a living, acting
member. 1t was not intended by the franz
ers of the Constitution that Congressional
district or a State should go unrepresented
Nnllt lNe eleCJtu heIuDtI OF Win
the approval OF the President and Senate,
sees fit to absent himself and serve as a
military or naval officer. or as judge, or
in some other Office under the United
States. The Senator or Representative in
Congress is n representative of the people,
and is elected by them TO perform certain
specified constitutional duties in their in
terest, and he has no right 10 enter some
other public Office under the United States
hon
formance of the duties of the position to
which he elected.
1T is evident that our Constitution con-
templates, and that public policy demands,
that no Representative in Congress shall
suspend by his own act. and without the
consent of his constituents, his power and
duty TO act as their representative during
such time as he sees fit to serve in some
other obtainable Government office. From
a legal standpoint it is immaterial whether
such action is taken from patriotic or
selfish motives.
so long as we keep the legislative. the
| judicial and the executive departments Of
! this Government separate and keep the
! legislative independent OF the military and
! the naval power. seeing to it that compe-
| tent and patriotic men administer the af
fairs OF each OF these branches of govern
ment, We may hope for national prosperity
! q
! good government. But when those who
make the laws shall at the same time also
| interpret and execute them. or when those
who make the laws hold high places in our
army and navy, powerful branches of the
executive. the lust OF power may and prob
ably will lead to encroachments upon the
rights and liberty of the citizens
| The report concludes with the following
resolution. whose adoption by the House It
! recommends
| Resolved, That Joseph Wheeler, ICprescnta-
tive in the Fifty fifth Congress Of the United
| States from the Eighth district OF the State Of
| Alabama; Edward Z. Robbins. a Representative
! in the Fiity-ffth Congress OF the United States
| from the Twenty-frst district OF the State o.
| Pennsylvania; David 6. Col-on, Representative
| in the Fitty-ifth Congress Of the nitcd States
! from the Eleventh district Of Kentucky, and
James r. Campbell. Representative in the
| Fifty-fiith Congress OF the United States
! from the Twentieth district Of the State OF Hi.
nois, by accepting commissions in the Army OF
the United States, aud being mustered into such
service after being sworn in as such Rcpresenta
tiyes, thereby vacated their seats as such Repre-
sentatiyes. and ceased TO be members OF thi,
House Is OF the dates they accepted such mill
| tary offices. respectively, and not NOW mem
bers OF the Fifty Congress OF the uni;et
! States.
THE NAVAL BILL.