Year: 1878




slanA and Florida, and Into all facts which, in the
Judgment Of said committee, are connected with
or pertinent thereto and that said corr mittee, for
the purpose OF executing this resolution, shall
have power to send for Persons and papers " ad
minister oaths and IN take testimony; and In their
discretion tO detail subcommittee, with like full
authority Of said committee In every particular
and with power to sit In Florida and Louisiana,
which subcommittee shall be committees OF this
House, and the chairman thereof shall be author
lied TO administer Oaths that said mmittess
and sub committees may employ stenOgraphers,
and be attended each by Deputy Sargeanl.at'
Arms, and may ait during the sessions Of the
House and during vacation and that said Com
mittee proceed IN this inquiry and have leave to
report at any time.


GENERAL DEBATE ON THE RESOLUTION.


The preamble and resolution having been read
Mr.. COnger said they do not present question Of
privilege, and that the powers proposed In the
resolution could not be given by mere ma.
jority vote, but would require suspension Of the
rules


Mr.. Potter said one would suppose that II there
was any subject which should be entitled TO pref
erenCe in this House in respect Of the order ofbu
siness II was a subject brought to its notice by the
memorial Of sovereign State touching the official
conduct Of high officers Of the Government and
relating to fraud alleged TO have occurred
changing the result of the election Of the highest
officers of this Government.


Mr.. Conger-Has the memorial Of the State Of
Maryland been committed to the gentleman from
New York, An that he has any possession Of 1t In
which to offer such resolution


Mr.. Potter-I am now speaking only to the ques.
ton OF order. Later on II I have an opportunity
to say anything, Ishall be able to make answer TO
the inquiry which the gentleman has Just put to
me. Now as to the question Of order 1t seems to
me that IN state this case Ia to argue H. If for
Sons that appear on the face of this resolution this
inquiry is mt privileged then nothing can by Its
nature he privileged II the House Of Represen.
taives ought tn give preference to the consldera.
tion of any subject snhject OF the magnitude Of
this one TO which the resolution relates, ought
certainly TO have such preference.


Mr.. Hale argued from the rules and manual
that the resolution did not present question OF
privilege Ifthe resolution proposed or was In
tended to subvert the accepted result In the
Presidential election, then there might be some
claim that 1t did HTeeent question of privilege
hui as mere expression Of opinion II did not pre-
sent any such question


Mr.. Garfield also argued against the resolution
being privileged one. He said the e Dtlemen
from New York bases his claim that II Ia prlvi-
legged question on the fact that the memorial which
1t rectes ia a memorial from asOvereign state,and
is therefore EN- i'll d tn a very high place in the
consideration fths House. think that the gen
teman from New York was unfortunate In plant.
ing his case on that idea The STAT ofth's Union
are repre-, ented by individual members who are
sent here To speak and vote for their States and in
no other way whatever can State Of this Union
he heard on this loOr except under the rule which
Is recent modification. that on Monday morn.
inRs call Joint resolutions OF State and Territorial
legislation may be introduced for printing and
reference.


The Speaker-Would the gentleman from Ohio
dpny to a State the right of petition as given In
the COnstiintiOn2


Mr.. GarHeld-oh, a State has, of course, the
right of petition. A men orial Is PETITION, and
Is provided for in the Constitution wherein 1t is
stated that Congress shall make no law abridglng
the right of the people to petition the Government
for redress of grievances. The Speakers refer
ence to the right of petition is entirely unneces-
sary That question was discussed on this very
Maryland resolution, and everybody here granted
perfect and unqueStiOned right II petition. Bat
the right Of action here on this hooris quite diff.
ferent thing, and the question nf whether 1t rises
TO the dignity of privileged question depends
upon the right VI action which somebody can ask
OF the House, This Ia question OF privilege with
out doubt provided the mover OF 1t alleges the
purpose to follow 1t mp as matter OF impeach
ment II he says this a proceeding intended to
pave the way to impeachment then doubtless 1t
may be question Of privilege. II he says this is
a proposition by the House 10 raise and decide the
question of title of the present Chief Magistrate to
the office which he holds, answer, that question
has been settled by the joint voice Of the two
Houses of Congress, and is 'yOnd the reach Of
this House. If, again the object OF the resolution
is merely to oreanize a committee for campaign
purposes to make campaign literature for the
fall then the exigenCies Of political party have
never yet risen 10 the dignity OF the question of
privilege. Further, there Is In this resolution
proposition that the committee shall have the
right to sit In recess Neither of these proposI-
tons can be adopted by majority vote, and
therefore reserve that pOHt of order until oppOr.
Iunity shall ariFe. am glad at least after the
long threat that has been hanging over the count
~ that these gentlemen, In the language Of Shaks
Beare have left off their dsmnable faces and be.
gun" and now let the play go on [Applause on
the Republican side.


Mr.. Mills argued that the resolution did not
present question OF privilege. In order to make
1t question Of privilege under the Constitutional
provision, the resolution must contain charge
against the President OF sufficient gravity to 1usti-
fy the House In putting him ON trial for impeach-
ment


Mr.. Cox IN. " read an extract from the decls-
ion OF the Electoral Commission In the Florida
case, and charged Garfield one Of the Commits.
siOners, with having either convenient con.
science or convenient logic. 1t seemed to him
COX that whsteVersteps might be taken to reach
that great transaction. the gentleman from Ohio
held they were outside the record Gliunde. SO





there was question OF high privilege, non cOnStdt
that 1t must lead to impeachment


Mr.. To,ter held that the privilege asked for was
only the privilege Of having now considered the
presented The privilege to which the
resolution was entitled arose from the fact that 1t
had been set in motion, first by the public formal
action Of q sovereign 9taGe, and second, from the
nature of the subject matter to which 1t referred
The gentlemen OH the other side had been quick
TO declare that If he potter would say that the
purpose of the resolution was to impeach and un
seat the President Of the United States they would
admit 1t was In order; that he declined TO declare
n that construction gwen to the rule by the gen
tlemRn from Maine, Hale was right, that limita- |
ton Of privilege in It ference to the election Of
President Is an inquiry In reference TO his cleo
lion before he is seated or with view to unseat-
Ing him), that was construction which would |
forever prohibit the House from inquirlng into |
frauds that had been successfully committed, and
which had come to knowledge after their success |
ful accomplishment II there was anything in |
the nature OF fraud making IL desirable TO be in. |
luired into, 1t was when fraud had been success |
ful, and II the House refused to inquire because |
frauds had succeeded, then the commission Of
iuch frauds would be encouraged, and failure to |
investigate so far from securing, would leopard
re the peace and security Of the country.
rHE CHAIR DECIDES THE RESOLUTION TO BE CUES


TIoN OF PRIVILEGE.


The speaker-The issue involved is a new one
n the history Of thie country, and an examina-
ion of the basis In which the preamble and resO-
ution are introduced is proper. The Legislature
II Maryland passed joint resolution touching
he subject treated Of In the preamble and resolu.
ion just read A copy Of that resolution of Mary.
and has been remitted to this House. and has
een referred TO a committee and is within the
Of the members of the House, wherein
he following language is used: That full effect
as not been given to the electoral vote cast by
he Slate of Maryland on the 9th day of NOVem-
er, 1876, by reason Of fraudulent returns made
rom other States. and allowed to be counted pro
issiona.ly BY the Electoral Commission and sub
ect to Judicial revision. II further alleges that
eturns from Louisiana and Florida which were
asst for the present occupant OF the Presidential
hair wert fraudulent aud void Here is the ap.
cal Of State of this Union to the Federal legis
ltive power fer correction Of a great grievaBce
nd TO have been committed in the States of Lou
iana and Florida again,t the rights Of the State
{ Maryland, In having by fraud In said States Of
lorida and LOuisians, produced Il different re-
llt in the election OF President and Vice Presi-
ent from that actually deCreed by the reOple
lemselves at the DOlls Whether tneye allppa- !