The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1865-11-01

Each is auOWeu the usual pAtttdWcuaasJ
authority Of public body By this clause,
aud have the power to expel for any rea-
son they deem sufficient. il two thirds con-
cur, and it will be nothing else than cxpul-
sion if elected members shall be denied
seats as proposed by this law. But 1t Is
we'll settled 10 law of Legislative bodies,
that they have no right to expei except Tor
causes arising after members election.
As to everything else. tits purged away by
the Judgment and choice Of his constitu-
ents, and il the BODY can 90 behind this and
raise issues as 10 his previous conduct or
career and debar member on such grounds,
free elections are at an end. Since the g.
nal action of the House Of Commsns. in
the case Of John Wilkes. | presume this is
beyond controversy. He was expelled from
the house in l764 Tor publishing paper
called North Britain in which were severe
structures on the acknowledgements.
en- at the next election and expelled again
for the same cause in 1869. Reelected a.
gain within month, il was resolved that
his sea. was vacant upon the ground that
his former expulsion created permanent
abiding disability, and he was incapable TO
serve as member-re-eiected again by a
great majority. but his competitor having
some 200, votes, was declared elected and
allowed the seat. But fourteen years at
forwards. in May 1888, il was resolved by
the house that the resolution declaring
Wilkes incapable to serve as a member BY
eason Of his expulsion from the previous
Parliament. should be erpunged from the
journals Of the house. as being subversiue
affhe rights sfMe rLols body Of the electors
Of this Kingdom. Thus Affirming that his
expulsion created no disability. and that
his old offense Of seditieus libel was no
longer cognHable by the house after his
election which ensued the publication. In
eur Congress Mr.. Giddings. Of Ohm, was
expelled from The house Of Representatives
IN 1872, ior presenting a petition or propn-
sltion icr The dissolution of the Uninn, re.
turned again !fter new election, and re-
sumed hi >eit without question. Other
proceed =. might be cited to the same ef-
feet.
That yIli be bold majority, which. af-
ter dur consideration OF these precedents.
shall run foul of the sensibilIties Of the |
rhoie body of The electors OF this Union, by
the exclusion OF members for acts done be-
fore their election aud Of which not TWEEN.
ueth OF their constituents are innocent.
A formal repeal oi this law is not neces-
sary 10 render IL nngatory 50 far as relates
10 its etfeci on members of Congress.
Ii has been dogma Of some. perhaps Of
= party il this country. that one Congress
cannot bind another BY law. Whether or
not this hypothesis be carrect. il is mani
lest that law touching the or sanizatioa
oil either house, has no sanction Tor us en-
fercement, but depends on the will Of the |
nojority for the time being.
10 the decennial act &c 1912 fof the ap-
poin.ment of representatives, was a prori. |
sion that they should be chosen by districts
IN each State. This was opposed as a dan
serous encroachment on States rights: and
the States of Missouri and New Hamp-
shire. each returned members to the next |
succeeding House of Representatives By
general ticket Objection was taken that |
nut being elected according 60 Law they
~
determined 10 disregard the law, and these /
members were admitted and held their seats
,iuriag the Congress.
IL such was the action upon a Law I'M.
dsubtedly just. expedieat and con ,tituti ion.
al, the act under discussion ran hardly be
expected to receive more respect. il either
Rouse shall be impressed With the views /
have been endravoring to waintain.
but this test law presents matter Of even
more gravity to the President than IL Con.
sress. ihapplies to all officers Of the Uni-
ted states eifffed or appoiated; and il might
have been earlier. mentioned in these re. /
rafks ss susceptible Of doubt whether q
'Aiaoer OF Congress 10 an officer. proper.
y ,o-calied aud whether the Consiituti On
i"is moi recognize difference between Il
otn1iors aud Representatives, and Off ,ers II
Dur the. appointers of the President are
'eguoslioaably officers. lie is By the Con- /,
'ti.ptIon the grand electet Of the nstion of Ii