Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-02-24

point Of Mr.. Poland, that the gentleman
Mr.. Whittemore1 had tho highest right TO
the floor, TO use II az he saw 1t under the
rules. He now had ~ minutes remaining,
IS minutes Of bis time having been con-
sumed In reading his afidaVlt.
Mr.. Davis, Of N. T., made the point OF
order that the House having ordered the
accused 10 appear at the bar Of the House
he had been cut of from his right 10 appear
in his capacity az a member.
This Speaker said II the gentleman had
been brought formally 10 the bar Of the
House his time would have boon limited to
the time he occupied In ais defence, aud
would have expired the moment he ceased
TO speak, but tho Chair had leaned more
liberal view OF the case, and recognized the
gentleman rs a member on the floor.
Mr.. Jcnokes again made the point that
the gentleman from South Carolina had the
right TO tho floor and could offcr any mo-
tion.
The Speaker said he had the door by tho
resolution Of the House which ordered him
TO appear 70 DO heard.
Mr.. Davis made tho point Of order that
the gentleman had presented the aiidaylt
as a basis for a motion for postponcment.
Nr. schenck, OF Ohio, thought the House
was getting into snarl, and he desired
leaVeto make q suggestion. He understood
the position to be that resolution had been
reported from committee Of the House,
declaring that the gentleman's appointment
had been made In IN Improper manner.
The gentleman was here to make his der
! fence and show cause why resolution Of
expulsion should not be adopted, He was
hero, and he thought he should have q
liberal time TO be heard There wers aome
reasons why there should be postpone
ment. He thought Mr.. Whlttemore should
be permitted to say whether he desired to be
heard by counsel, and II he made such 70.
quest he (Mr. Schenck) thought Il would DO
llllboral on the part Of the House 10 refuse IL.
The Speaker said II was quite within the
power Of tho Houso 10 settle the question,
either by refusing to second Mr.. Logans
resolution or by voting to extend the tlmo.
It was not question for the Chair TO decide.
Mr.. Plat, Of Va, inquired II II was not
competent fer the gentleman from South
Carolina TO move the postponement-or TO
be heard by counscl-ln hls own right 10 the
floor.
The Speaker said that II was.
Mr.. schenek Continuing after the inter
ruption) said he considered II proper TO allow
some friend Of the gentleman to make mo-
ton for postponement. In regard TO linz
tntlon of the time he thought no should DO
allowed, as q defendant, to DO heard at
length In person or by counsel. without
wishing TO Indicate how no should vote when
the case had boon fully hoard, he was not
ready to vote now for the resolution Of the
committee.
Mr.. Logan was willing TO hear the gentle
man, but did not desire to be precludsd, as
chairman Of the committee, from giving his
reasons why there should DO no postpone
ment Of the case. II Mr.. Whttemore ap-
pearsd by counsel, he did not wish TO be cut
OH from being heard by any motion to post
pono.
Mr.. Poland did not wish TO prevent any
porSon from beiag heard. He desired to
have his resolution read.
Mr.. Logan asked that the order that he
Mr.. Whittemorel appear and be heard In
his defence should be carried ont. He
would only yield to allow the order Of the
House 10 be carried out.
Mr.. FarnsWorth, OF Illinois, suggested
that tho gentleman had presented his Tea.
sons for postponoment In his affidavit.
Mr.. Plat, OF Va, made a parliamentary
inquiry whether the gentleman from South
Carolina only had the right to offer a rcso'
luton for postponement.
Mr.. Ward, OF N. Y, inquired why Mr..
Batter had not the right to offer such a reso
lutlon II tho gentleman from South Caro-
lima yielded the floor to him.
Tho Speaker said he would have such 4
right.
Mr.. Poland then offered his resolution
that the further consideration OF tho resolu
ton reported by the committee for the OK,
pulslOu Of Mr.. Whlttemore DO postponed
until the committee make their final report,
and that they be directed and examine vii.
| liam Y. Shaw, OF Boston; NJ. b. Landmau
and Philip II. Kegler, OF New York, and
that tho witnesses be recalled upon the
written request OF y. +. Whlttcmore for
cross-eIamlnatlon by himself or by counsel,
and that they report the testimony to the
House.
Mr.. Butler asked why no. could not be
heard, (Mr. Whlttemore having previously
yielded the floor to hlm.)
The Speaker said the gentleman Mr..
Whlttemore1 had yielded the floor for Mr.,
Poland TO offer the resolution.
Mr.. whittomore. The Chair misunderstood
mo. did not say so. have no objection
TO the resolution, of course. lie desired the
gentleman from Massachusetts, to be heard
for him.
Mr.. Poland's resolution was considered a
before the House, and Mr.. Whittemoro DO
ing declared entitled to the floor, yielded Il
Mr.. Butler.
Mr.. Butler commenced his remarks BY
quoting article 0 of the Constitution, which
guarantees TO every man accused OF crime o
miSdemeanor q speedy trial, and that h'
shall appear by himself or counsel. He thei
went on TO intimate that as he appeared a
counsel tho rules that applied to member
ordinarily did not apply In his case.
The Speaker reminded him that bocaus
he appeared as counsel II did not suspend
tho hour rule.
Mr.. Willard, Of VI, asked the ChAi
whether Mr.. Butler occupied the floor q
counsel or as q member OF the Housel
Tho Chair replied as a member Of tn
House.
Mr.. Hay, OF ILL.,, moved to suspend III
rules OF the House to allow the gentlemA
TO appear as counsel.
, The Speaker said the rules could not
suspended except on Mondays.
Mr.. Butler, then resumlng, said he ha
! had tho clause In the Constitution read
I show his right to appear here as eounsS
That constitutional law was higher and 81
r perior TO any rules that the House coal
q Impose.
0 The Speaker reminded Mr.. Butler thI
q nevertheless II he offended against the ruiz
0 he would DO called 10 order.
8 Mr.. Butler said he would not enlarl
a upon that point, as the Speaker had the az
0 vantage Of always obtaining the floor whs
/. he desired II. Mr.. Whlttemore, he said, hA
s been brought before this House charged wit
I, crime on az pdrts statements, and now a
/ he asks OF the House was to send for wi
0 nssses TO enable him to meet the case.
r He (Mr. Butler) was aware that this WI
a parliamentary body and not court Of Law
.. But he commended IL was court Of Justlc
The accused was entitled to all the priv
. legeS OF a court Of Justice. Who shall q
that In q case OF this kind an arbitrary Tul
I shall restrict debate within the houri A
that Mr.. Whlttemore wants lS q postpon
= ment and time TO send for witnesses to teStl
In his behalf. He Is entitled TO this nuc
n and he would ask this House whether
would say on sr pdrtS testimony, on the me
o finding OF grand Jury as II were, that th,
would be governed BY arbitrary Tulesi II
4 ayerred against Mr.. Whlttemore that
= corrupt gain he sold q eadstship at We
II Point and an appointment at the Nav
Academy at Annapolis. He meets this q
n cusatlon by an afddayit, in which he ga
c that be never received one cent for hls oI
use or for his own personal benefit, and
asks to have certain witnesses here, so th
4 he can show that II was all expended for I
= benefit Of the people Of his district, and
/. their use.
% Mr.. Butler quoted further from Mr.. VIII
n temors's afidaylt, and also from the ties
Ie | monN taken nv the Military Commlttoe n