Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-02-24
xLIst cONeREss---2d SESSION.

ing of the journal, Mr.. Banks an
nouneed the death of Hon. Arson
Burlingame, on the authority Of dis
patch from Minister Curtin, at st. Pc
tersburg, to Secretary Fish, and made
few remarks in eulogy Of the de
ceased.
George E.- Harris, J. T. Murphis,
Geo. G. w. Mckee and Legrand W.
Pierce, members elect from Mississip-
pi, appeared and took the oath of
Office.
The House then proceeded with the
consideration of the bill to prevent
and punish pOlygamy in Utah.
Mr.. Fitch, while iavoring the sup
preston of pOlygamy, opposed the
bill because it would lead, temporaTi-
ly as least, to the suspension of the
Overland Mail Route, and be prOduc-
tive of war, which, while it would
eventually result in the eXtermina-
ton of the MOrmons, would cost mil
lions of dollars and thousands upon
thousands of lives. The suppression
of polygamy would, in his Judgment,
be purchased at too great cost.
Mr.. Sargent also spoke in opposition
to the bill on similar ground; and
the morning hour having expired, it
went over until the next morning
hour.
The House then went into Conn
mittee of the Whole on the legislative
appropriation bill, and continued the
discussion until two o'clock, at which
hour the question Of the expulsion of
Whittemore came up for action, the
House being unusually full, and the
galleries and corridors crowded with
spectators. In the meantime, David
Atwood, member elect from Wiscon-
sin, successor Of Hopkins, deceased,
appeared and took the oath.
Mr.. Logan, chairman of the Com
mittee on Military Affairs, addressed
the Speaker, but Mr.. Poland inter-
fered and asked leave to offer a reso-
luton for q pOstpOnement of the
WhittemOre case, on the ground that
the case was not in a condition to be
decided on intelligibly.
Mr.. Logan declined to yield the
floor for that purpose. As Chairman
of the Committee he would not con-
sent to any postponement whatever,
for any purpose, except to let the ae-
cused member present such "A defense
as he desired to make.
Mr.. Powell did not appear, and did
not wish TO appear IS the apOlogist of
the gentleman from South Carolina,
but as he was to act in this case as one
of the judges, he desired 10 know the
whole case, and therefore desired that
all the testimony should be before the
House.
Mr.. Butler, of Massachusetts, re-
marked that he should not vote on
the question before the House, as he
had undertaken to give Mr.. White
more some advice, and had, so far,
enlisted his feelings in the case. He
had prepared, and he asked leave to
present, in his behalf. an affidavit,
because he did not think he should be
called upon to speak for himself here,
it being a prOverb of the legal profess
sion "that he who is his own counsel
has an ass for his client"
Mr.. Dogan declined to yield to have
the affidavit read.
Mr.. Butler" I am here now as the,
counsel Of this party, showing cause
why this Judgment of expulsion
should not pass against him, and no.
body bat the House can control me.
/ am asking leave of nobody but
God" Excitement.
Mr.. Logan denied the right of any
member to divest himself of his Judi
cial character and become an attorney
in the House unless he first rendered
his resignation to his constituents, for
which he (Logan) presumed they
would be very sorry. Laughter.
After the presentation and discus
sion of numerous points of order in
regard to the right of White
more 10 deputP members to speak
for him, the affidavit Of Whit
temore, sworn to before a notary
public, was read to the House. He
declared in it that he is advised and
believes he cannot safely proceed to
show cause why the resolution of the
Committee on Military Affairs should
not be passed, unless time be granted
him to examine witnesses and
produce witnesses in his own be-
half In explanation of the mat
ters alleged against him, he de-
clares that he had never had an Op-
pOrtunity to examine or crOss-eXam-
inc the witnesses, and that when he
was called before the committee, and
asked for an explanation, all the
testimony in the hands of the commit
tee was not read to him, and therefore
his statement was not full and
complete, to all the matters now al
legged against him. He says certain
Witnesses whose testimony has been
reported by the committee, were eX-
amined after his statement had been
made, and whose testimony be had
no means of meeting or explaining.
He states, also, his information and
belief that other witnesses can be
called who are important TO his de-
fense. He also says he is informed
and believes that this prosecution is
prosecuted and carried on for the pur-
pose of levying black mail upon
him, and obtaining large sums
of money from bin, that the |
witnesses have been procured, and |
have testified, and are now testilying |
against him, because they were disap- |
pointed in this purpose. He further |
declares that if time be given him he |
shall be'able TO show, what he declares /
to be the truth, that he had never re-
ceived or used a dollar of money for
his appointments to the Military or
Naval Academy, for his own private
or for any purpose of gain
or emOlument but that all that had
been paid to him by any person had
been expended, and much more, for
the relief and benefit of the people of
his own District, and that he is not
guilty or Justly chargeable with any
unlawful or wicked act in anything
he had done In regar to any nomi-
nation; and he therefore respectfully
asks the House that as much time be
given him as may be necessary, and
as the House may deem reasonable,
for the purpOseOf enabling him to pre-
pare his defense, and that his case be
postponed until the final report of the
and the whole matter re-
ferred to it, be made TO the House.
After various further points of order,
Mr.. WhiHemore, who occupied his
accustomed seat, assigned his hour to
Mr.. Butler, and allowed Mr.. Poland
to offer his resolution, "That the fur
consideration of the question be
until the committee shall
make a final report, under resolution
Of Feb. 4th, and that the cOmmitte be
to summon and examine w.
r. n i