The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-11

mad resigned, they proceeded to expei him
by vote. IL may be that TINS HOUSE
would not take that course in this mater,
but we are to remember that we have under our
care as conservators OF the rights and privileges
Clinton as Well as the conduct OF the gentleman from
New York. who has Just resigned his seat; therefore
vestigatIon to give 10 the House the resolution
unanimously adopted In that committee this after
NMr. FIELDs-The gentleman, I suppose, instances
the case Of Mr.. Whittemore, of South Carolina.
Mr.. ALv0RD--No, SIR.
Mr. FiELDS-Who. Them
Mr.. ALvoRD-The case Of Mr.. MattesOn.
Mr. FlELDs-The charge against Mr.. MattesOn.
think was bribery IN ONCE. Now, should not nave
said word II the gentleman from OnOndaga mad
not stated that Congress proceeded to the expulsion
OF q member alter his resignation. | undertake TO
State no man has ever been expelled Tor violation
OF the rules OF the uouse-an assault committed
and undertake to say that I'm the House Of Con-
gress no man has ever been expelled for
an assault committed upon member.
fact that Mr.. Rathbone, of this state, committed an
assault upon an ex,Speaker OF the House oil con
gress, aud Congress did for that offence 10
expel hun. TIE only case mat l have been able to
find in the records OF the Legislature OF this State
that bears all upon tins is that of the assault
In the presence OF the - use, during It's session,
upon gentleman by the name OF Lee, from Orange
county That assault was committed in the body OF
the House during ITS proceedings In open day, ana
yet, although the committee came In with unani-
resolution OF expulsion was amended to one OF cen
sure, and thai amendment was adopted by the
House OF Assembly by vote OF "a to u. That, sir,
~ the only instance have so far found that bears
on this question. Now. sir, the common law OF Par
lament, AZ have read 1t and understand it, is that
a legislative body WI! not exercise Its highest
function of punishment which Is expulsion upon
one OF It's members unless IL be Tor an offence which
the courts OF the country have the power to punish.
Now, SIR, IN this case, t1s House knows as well as
do, that though the resolution couples the name
OF the gentleman from Clinton with that OF Mr..
Irving. and II the gentleman from Onondaga Will
get up in his place and say that he believes the
conduct OF the gentleman from clinton demands at
the hands OF this House Such an investigation MS
Shall lead to the administration OF any punishment
by IT, then slr VIII be IN favor Of proceeding with
this investigation. But sir II 1t is simply TO crafty
a morbid appetite, If It Is simply to Keep this thing
in irritation before the Assembly and the people
and TO interfere with the legislation OF the state
say that the gentleman from Clinton should
have an opportunity In the sessions OF this
House tn say whether or not he, so far
Investigation. II the gentleman from Onondaga or
the gentleman from Clinton (Mr. Weedl says that this
investigation should be continued against Mr..
Weed, then sir, am ready to proceed against MIR.
Weed: but say that the jurisdiction OF this House
over the offence committed by Mr.. Irving ceases
with his resignation, and II the invest igatlon Is con-
unued against that party and that party alone over
whom The House has jurisdiction, wait for the
reply OF the gentleman from OnOndaga.
Mr.. AI.voRD 1t strikes me that all this would be
better In the committee than III the House, sprung
this whole thing has been upon the House with
ont any knowledge on the part. venture 10 say Oh
ten Of It's members.
Will give way the Chair VIII state that he mad not
any knowledge of the intended resignation OF Mr..
Irving until within few minutes before the opening
of the House, and it was impossible that
reached mine by the placing of the resignation in
nv hands, with The request that world present 1t
Ing It. There was springng or matters III the
House or desire TO take advantage or It,