Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-02-01
FORTIETH CONGRESS.
This Afternoons Proceedings
SATURDAY. Fshruarvl

HOUSE OF REPREsEsTATTyEs-T Sneazer
iald before me House a oommunicaii9n nom
the Secretary of the Interior, transmitting, in
answer 10 resolution OF the I'D ultimo, a COM
munication from the Comm ssioner oY the Cen
eral Land Office in relation to the sale of the
mittee on Indian Anairs.
Also, Communication from the Secretary of
the Interior In relation 10 the claim OF the
Choctaw Indian nation for The sale OF certain
lands. Referred 10 the Committee on CLAIMS
On motion Of Mr.. Kelsey IN. ", the Presi-
dent of the United States was requested 20 IN
form the House whether he had appointed a
special agent TO take charge OF the pos Office at
Penn \ an, New York, and il so. whether the
agent thus appointed had been rejected by The
Senate, and under wha: law the appointment
was made,
The House resumed the consideration OF ia.
contested election case from the second district
OF kentucky.
Mr.. Beck tKy) addressed the House ma on
position TO the report OF the majority of the
committee, and IN advocacy Of Mr.. Browns
night 10 he admitted 10 his seat. H. denled the
right OF Congress To prescribe any qualification
other than that laid down in the Cons nstitution
of the United States. He warned the majority
OF the House against establishing precedent
which might return 10 plague themselves in a
very brief period. This House in this case pre-
sumes 10 say that member shall b. excluded,
although he Il willing and ready now 70 take
the oath prescribed by law of Congress. The
majority OF to-day may BE-, and no doubt will
be, the minority Of tnis Honse in the
next Congress, and If they act now
IN partizan spirit, they cannot expect
but that they will bs measured With
the same measure they mete out 10 Others In
illustrating this point, Mr. Beck said. Tn.
Democratic party Of the country. and some of
the best Judging minds of the country MAIN
talne d that all the reconstruction acts OF Con
gress were unconstitutional Suppose a future
Democratic majority OF the House should de-
clare that all who had voted Tor these
reconstruction measures had violated
the oaths they had taken TO support
protect and defend the Constitution of the
United States, would they. mot have an excuse
tor their action in the precedent here set by the
Republican majority in prescribing "a quallfi-
cation other than what is laid down IN the Con-
stituton OF the United States. All this partisan
Legislation is subversiye of the plain
law OF the land and must necessarily
lead TO difficulty and 10 continual change in
the policy TO be pursued by the Government of
the United States, or at least the legislative
part, upon the subject of the aamiss sion of menu
bers of Congress. Congress had prescribed a
test oath, which he Beck) believed was uncon-
sutunonali but without stopping 70 argue that
question he would say that il Mr.. Brown came
here and was willing to take that oath. il was
the duty of Congress TO admit him to his seat.
and afferward 10 investigate charges OF disloy-
atty against him, and eNpel him by a two
thirds vote If the charges Were proven true
That was all the coRtrol Congress had over
hint had no right. and power Ia pre-
scribe new tests and new qualifications
Mr.. Upson (Mich.) asked if the mere charge
OF disloyalty was not sufficient TO exclude a
man from a seat here.
MIR. Beck said il was not so. Ii a member
elect came here, and took the test OATH he had
right 10 his seat, and the charge of disloyalty
was one 10 come up afterwards. and there
could be no legal exclusion except by a vote of
two-thirds of the House of Representative
Mr.. Beck then proceeded TO review the law
npon the subject Of the qualification OF a mem-
Der of Congress. and afterwards reviewed n.
testimony taken by the committee in Kentucky
and elsewhere. Referring TO the Louis Vile
Courier letters, out OF which so much capital had
been made against MIR. Brown. he contenced
that all the testimony upon the subject demon
siraied the fact that Mr.. Brown simply acted I'M
support OF the idea of neutrality that had been
ass umed by the State OF Kentucky. He read an
extract from speech delivered by Judge
Douglass in the United States Senate iu 1851 in
which he assumed the position thar there was
no authority 10 coerce the southern States. and
that war was disunion. Mr.. Brown was a fol-
lower OF Judge Douglass and il Douglass were
mere to-day that speech of 1861 would exclude
him under the partisan legislation of tins Hous.
But the peers of Douglass have gone and in
stead OF reason and law political expediency
has taken its place and is overriding the bull
warks of the Constitution
Mr.. Beck then proceeded 10 review al length
the conduct OF Mr.. Brown during the late war
and contended that his influence and power
was always on the side of the Union. He read
extracts from the papers published from time
TO time, to show that Mr.. Brown had ever
stood upon the Platform with Guthrie and
others, whose LOYALTY would not and could not
be questioned. Try Mr.. Brown in the light of
All the circumstances surrounding him. and
tbs re could be no doubt of the result He was
IN full accord with the Union party of Ken
lucky, and was acting with such men as Rous-
seau and others in support Of the Union cause.
Mr.. Beck closed with an earnest appear TO the
House not TO be guilty of the gross injustice of
excluding Mr.. Brown
J Mr.. Cook (lll.l addrssed the House in favor
of the report of the Committee, contending that
II was the just duty of Congress TO exclude
from seals as representatives men who had
given aid to the rebellion If any other course
was pursued John e.. Breckinridge himself
might come here and take hIm seat He COM
batted the theory advanced by Mr. Beck that
Nj. Brown ought 10 be admitted to his seat ana
expelled afterw ards If con victed of disloyaIty
A IT cognItion of such a theory as this would
operate To admit even JEFF Davis 10 a seat for
the House and the country had seen the result
OF all the efforts TO convict him of treason
which no one had a doubt he commitied Mr.
Cook proceeded al length. combating the yiews
advanced by Mr.. Beck.
MIR. Knott (ky.) took the floor in sul port of
Mr. Browns righI To his seat and was spea.-i,,g
when our report closed.
!. was expected TO close this case TODAY but
IN conseq uence OF the illness OF Mr. Kerr, Ind }
a member of the Election COMMITTEE. III. case
will go over until Monday. when MIR. Kerr will
address the House.