Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-02-26


whole subject, first as the agent OF Du-
rant for placing shares of Credit Mohil-
ier stock among capitalists Of New
/ York, and second as Government Di-
rector of the Union Pacific Railroad
Company.
Mr., Brooks, interrupting, corrected
Mr.. POland's statement as 10 his being
agent and Director at the time of 0akes
Ames's contract. That contract was
dated in August, 1867, was assigned in
October, 1867, and he Brooks was not
nominated till October, 1866, and had
not accepted the office till January, 1868
Mr. Poland protested, and said that he
would not, for his right hand, misrepre-
sent the case. All that Mr.. Brooks had
said was not in the slightest degree in
! conflict with what he fPoland) had said.
Mr.. Ames's contract had been extended
in August, 1871, but il had been found
that the trap was not properly set, and,
I under the advice of cunning counsel,
new machinery had been devised, in
order to run it successfully, so as to cheat
the United States Government, TO cheat
I the State of Pennsylvania, and 70 cheat
I the Union Pacific Railroad Company.
/ The matter was not completed until
about the middle OF October, and
Brooks had become Government Di-
J rector on the first of October. There
was not the slightest evidence that
/ Brooks ever considered himself as any
( thing but a full-fiedged Government
Director, and there wSs no evidence
( that he had performed any official act
! before January, IS6s, but It had never
I been suggested that he had not accepted
+ the Office, and that all its duties We're
incumbent on him.
1 Mr.. Eldridge asked Mr.. Poland wheth-
er he meant that Brooks should be
Z treated differently from any other men,
/ Der because he had been a Government
Director.
Mr.. Poland had no doubt that the
I acts Of Mr.. Brooks, s9Government Di-
( rector, would furnish cause for his eX-
pulsiOn. As a member of the House,
( Mr.. Brooks must have been perfectly
I familiar with the whole scheme of
/ fraud. From his intimate acquaintance
with Mr.. Durant, and from his official
I relations as Government Director, it
could not be supposed that while he was
employed by Mr.. Durant to play his
Credit MObilier stock among New York
capitalists, be was not well-informed as
to the reasons why that stock was valu-
able or not valuable.
At the expiration Of the time allowed
for each member in the debate,
Mr.. Patten moved that Mr.. Poland's
time be extended for halfan hour. That
was agreed to unanimously, and he pro-
ceeded with his argument, analyzing
the testimony referring TO Mr.. Brooks
and to his relations, and those
his sOn-in-law Mr.. Nelson, with
the Credit Mobilier stock as its
ostensible owner. He declared that
Brooks, knowing the whole fraud,
had deliberately put himself in
position TO share in the spOils. The
committee held that the facts proved
abundantly official misconduct on the
part Of Brooks, and the committee also
held that as a matter of law there were
good and sufficient grounds for his ex-
pulsion as q member of Congress.
Il had been argued yesterday IN
something called report of the Judi
ciary Committee that Congress had no
jurisdiction over a matter Of this kind,
and had no right to expel a man for
something done prior TO his official
term as a member; with the committee
it is different entirely with that gentle
man and the few endOrsers whom he had
got, and whom be called members Of the
judiciary Committee. Laughter
The Select Committee differed toto c0lO
with these gentlemen in regard 70 the
law on that subject. It never had been
3 law, and be trusted in God
that Il never would be, or I
hat II Vas ever 10 be had IN this F,
that the vilest criminal, a
murderer even, who had concealed his
crime from the public, and who had
been elected q member of the House,
Was to come here and be allowed to sit
beside such 4 Christian gentleman as
was here from Massachusetts laughter1,
a1d that the House had no power to ex-
pei such a man, but that the members
must take him to their bosoms
as an associate. To say that
that was law was mOckery. He
believed that no such absurdity and no
such ingenuity on the part OF the gen
ueman from Massachusetts Butler or
anybody else could ever make the intel
ligsRt people of the country believe that
it needs a man who was the inventor
OF the Credit mObiiier machine 10 have
devised such doctrines. Laughter and
applause.
BE Beck here interrupted Mr..
wanted TO ask him ques-
tEOAf a. AAAC lfAAAAA AAb nd1 uA5Gnsc-
ing v Rs point Of difficulty with him.
They had both been members of the
Congress when Bowen, Of South Caro-
lima, presented himself to be sworn in as
a member.
Mr.. Millen, OF Tennessee, had
then risen in bis place and said-Bowen
while Majo.- -GtneTal of the Con-
federate army had killed bis
Colonel, for which he was arrested and
tried and imprisoned; that while in
PRISON the Federal army came along
aud broke his fetters; that he then be-
came q loyal citizen, and that General
Sickles had told him (Millenl that
BOwen's character had been so bad he
had incarcerated him again. The man
was known TO be a bigamist, yet he
had been sworn in, and no member
Of the House had ever moved to expel
him. He (Poland) was a member of
the House at that tine, and had not
made such a move. He, himself, Beck
had thought the House was disgTsced
by the presence of men, white and
black, Of an infamous character sent TO
Congress from Southern States, but
the trouble was they had not the power
or right to eXpel them.
Mr.. Poland did notice heprecise point
Of Beck's question; be might as well
ask il Of himself as Of him.
Mr.. Beck-The gentleman argues
that the House has clear jurisdiction
over the past conduct Of members prior
10 their election. Mr.. Poland had not
the slightest objection to it when the
question as TO whether Bowen had
been raised that il had been prematurely
raised. A man being a murderer did
not make him ineligible as a member Of
Congress. The votes cast for him had 10
be counted and he had TO be admitted; /;
but ~ soon as he had got his seat it was
the duty Of the other members Of the
House, rs honest and decent men, TO
expel him, and if what was al
legged against Bowen was true
he ought to have been expelled.
fhe gentleman from Kentucky MIR.
Beck seemed to know more about that
case than ne Poland did, and therefore
be was to be more blamed for monaco
ton in the matter than himself IL Ar.
Bowen had been guilty Of the charges
alleged against him, the HOnse had
ample power and the fullest legal juris-
diction Of the matter, aud most certain
IL If the case had ever been properly
presented, aud If his conduct
had appeared to have teen what was
charged, be lPoland) would have voted
for his expulsion. Mr.. Poland then
proceeded TO discuss the report made by
Mr.. butler, Of Massachusetts, yester-
day, and denied that there was any pre-
cedent in parliamentary law for
the assumption in that report.
On the contrary, with the little
search he had been able 70 make since
last evening be had found in an English
Parliamentary history two cases SUISSE
quent b that of John Wilkes. The
other cases were those OF Ward, charged
with forgery, and Atkins, charged with
perjury, who were both expelled from
the House OF Commons. The Of
enc-s had been committed before
their election. There never had been q
question raised in the English Parlia-
ment as 10 its power TO expel unworthy
members, no matter when the ofiense
was committed.
Mr.. Eidridge asked IL the gentleman
claimed that Congress has the same
power as the British Parliament.
Mr.. Poland-Certainly ] do.
The hHlf-hour extension of time hav-
Z ing come to an end, il was proposed by
( some member that the time should
! again be extended.
NJ Butler Mass. The gentleman
u - NJ Il