, 1872-12-24

parties, and saying nothing against him which
he would K&lare have employed but for this
article in the Constitution:
TIE ARTICLE MEN SELDOM HIDE BEHIND.
The article is part Of Section e. Article l.. Of
the Constitution It haaabeen abused very few
times, by either Senators or Representatives.
It was provided to protect feeblo and morally
fearless men against brute intimidation, and not
to brazen out Investigations, nor to got to tho
windward of exposure. L most cowardly use OF
it was once made by OakcB Anles, Of Masscchu-
setta, OF the suggestion Of 3 man named
Painter, to procure the expulsion Of a stranger
from the floor OF Congress, by name r. 4. Ell
Lott, Of Washington City, lawyer, and at that
timo newspaper-writer. Painter dialikod E1-
lott, and nudged Ames to do his adversary the
disgrace Of removing him from the tloor- This
Ames testified to-day that he had given the said
Painter thirty slaros of Credit Mobilisr stock as
q lobbyist. Now, 9lr. Ames, when be insulted
MIR. Elliott without reason, cried aloud:
OIr. Speaker, there is q lobbyist on the
hoor!"
He should hayo indicated Painter, against
whom he has since borne testimony, and not the
wrong man.
The portion of the 9Th section to which re-
Ter is this:
''[Membors Of Consress1 shall, in all cases,
be privileged from arrest during their attendance
at the session of their respective Houses, and in
going to and returning from the same and for
any speech or debate in either House, they shall
Under the above binding ect OF safety,-a
broad national barrier erected to protect noble
man doing his duty in Congress,-it WAS not
supposed That malice, retaliation, and private
defence we're to bo made with impunity. There
are some mon in Congress who havo been much
criticised, often coarso1y, and they have beon
private citizens at home. without access to pub
lie opinion. The present is All outrageous in
stance Of an abuse Of members privilege,
which should be made landmark in the
rF r foi1c tn. oEn
note of it, 1 should come as fer short Of my
duty as Mr. James Brooks has exceeded his Dig
nifty, to say no worse.
TIE SCENE.
It YVES well known beforehand. Mr.. Brooks
was aware that Colonel Harry II M'Comb had tes-
tilted before the Committee OF Investigation of
the Credit Mobiler that he had seen or known
Of himself (Rrooks) receiving stock in this for
Broos had resolved e to meet IT, Noth %hs
ing dlssuaded him, and great many peup1e OIL
the floor preferred to see somebody stand ont
in advance, and break the force Of tue inTestiga-
tion. They would es lief it would be Brooks as
anybody else.
Now, the testimony Of q witness Under oath,
called against or regardless of his will, ID not to
be impeached by attacking the general character
of the witness, unless he LAS instigated all that
publicity which led to the investigation.
Did M'Comb conduct himself Sc as to produce
the publicity which has enyeloped the Credit
Mobiler2 Did he inspire the newspaper reve-
lations concerning tie dealings Of that extraor~
dinary conspiracy with Congress?
THE WITNESS ATTACKED.
It is not probable that he did. He brought
suit in the Courts Of Pennsylvania wl,ero the
Credit Mobilier Vas incorporated, against Oakes
A1ne8 aud other managers OF the MoblAor Com
pany. The Molilier Company vas . corner"
IN the Union Pacific Directory, contracting with
Itself iq the Directory to build the Pacific Rail
road, and be the recipient Of the earnings Of the
construction. Reducing that vast performance
to small and secret bank, the earnings proved
to be 80 great that the shares in the bank we're
s1e epoeged s0og' By mapy WI Who Wished ID more s@e
influential men to have tho retusel at PET; for it
must be remembered tnat while the Credit Mo-
bi1ider of tho Union Pacific Railroad, it WAS also
the "jumper between Congress and the Union
Pacific Company, the rubber between the two to
preserve the Company Us it IVES, and to concll-
iato or to "feed' Congress. 1rComb, as e
Credit Aohi1ier man, sought to buy Mobilier
from his friend and awarded to people Of intlu-
ence. He sued as a commercial man to get his
rights in the conspiracy, and OaRes Ames put
him of OF by the statement that he had planted
or placed M'comb's part ''in Congress where it
would do most good"
At that time, Ames was member OF Congress,
and M'Comb had no responsibility before the
same. TO make M'Comb rascal, and shield
Ames, was yet just what A1r. Brooks did to-day.
The under-sacts about the present lngestiga-
tion are these:
A lawyer in Pennsylvania, Of much ability, but
Of 1eeky speech, who always wants money, and
yet wants to be always helping the Democratic
party, had seen some Of the evidence duplicating
The Credit MobiEer. Ho repeated the tale to
chow his contempt for Administration Repre-
6entatiTes. 1t got to the ears Of PennsylVanlan
who is i reporter for the New York Sun. Ho
H. sJnizn 4H{ {lo
evidence, as 2 Commissioner Was having it
transcribed, He published q report, chiefly
from memory, and IN p..r5 from transcription Of
this evidence, and the newspzpers s used the same
for politico-sensational ends.
The excerpts so published, made men in botA
parfies vince. 1ir. Brooks had not been mem
TONED in these excerpts, but no took q violent
interest in attacking M'Comb, the plaintiff, and
WAS nightly at the Fifth Avenue Hotel when
fhe topie vas nppeTm!ost:: eeald not 1e9 Thy
see why rot, Aules wrote those autograph let
ters confeasira himself tAo active instrumental
ity Of tho corruption OF Congress, and addressed
them to Il Comb: Why ablsa their recipient
instead Of the author?
AH3ST.
About that time received instructions to
see what lay in the Mobiicr scandal, and sought
out M'Comb in New York. hlr. Brooks was
there comforting with the Ames party, as he has
done ever since. He told me that IL Comb was
Without newspaper or any vehicle Of influence
Henry 3. hI'Conb is, in his community, great
or citizen than Mr. Brooks, and the Express
newspaper in New York.
To-day in Congress, Brooks arose, with 3
blanched face, 3 fertility of Words and mix
nanaea. Es compared him to Flax. Ho read
tedious extracts from newspapers about old in
vostigstionH. He was unHtinted in his abuse.
All around e1nongst the correspondents, with
whom he claimed association, there Woro mur-
mpra Of 'sToo much /!
He has given proportions to the eherges. He
has reduced hia own personal stature and Prov
ess in Congress. He has disproyed nothing.
To compare Mr.. MConb to James Fisk, Jr.,
is to make an error even in malignity. There IL
=. ;,i Ia. o.o raaaI1f.