The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-24

uts
mittee cite the case OF John wilkes, Of the Brit
ish House OF Commons in support OF their recon-
me Edations against Amss. 1t Ia not for me now to
say what may say when that report Is discussed,
but the fact Is that the word expunged'-ex-
plunged sir, was written over the very record ap-
pealed to by the committee"
Here Mr.. Bingham invoked an old volume full Of
reference marks, giving evidence that his expert
ence in impeachment matters had not been forgot
ten, and the celebrated words OF Junius were
quoted with vim. .
"But what asked about-the evidence before
Judge Poand's Committee. concerning his verac-
nyW
THAT, must confess do not understand; nm
less 1t is that Judge Poland wants to prove Amcs
guilty OF perjury to sustain the other charge Of
bribery" NaNi
"rhen understand that you are convinced your
committee has no jurisdiction over the acts OF
present officers Of the government not committed
during their present term OF ONCE Pr So
THAT is my opinion" trA
Respecting his own connection with the Credit
Mobilier matter Mr.. Bingham expressed himself as
freely and plainly as before the committee. He
was sorry 1t had not yielded larger dividend, and
emphatically denounced the accusation that he
hadbeen governed hy improper motives. He had
nothing to conceal, and the report let him alone.
There were strange Inconsistencies In it, which
would probably provoke long and earnest dis
cussion. AS for the report Of his own committee,
the work Of preparing had been con1ded to Gene
raj Butler, and he felt sure the sentiment Of the
committee would not differ In the main from what
he had repeated.
ME-. Peters Thinks Ditto.
John A. Peters, another member OF the commit
tee in response to the question as to what passed
during the meeting OF the committee, last evening
said 1--WE had four cases before rs, namely.
those OF Judge Durell, Judge Sherman, Judge
Delahay and Schuyler Colfax. The case OF Judge
Duren we did not touch at all, and do not think
that any action will be taken on that matter. 1t
will PROBABLY remain on the calendar and
die ont. AS to the case OF Judge Deahay,
the committee has unanimously decided to
report articles OF impeachment against him. Gen.
eral Butler, who is drawing up the report, has
specially urged this, and the committee are OF
opinion that the evidence warrants the impeach-
ment Of Delahay. The committee then considered
Judge Sherman's case, but reached no conclusion
think, hOwever-and this 10 also the opinion Of
the committee-that there has not been evidence
enough to take action. Judge Sherman ought first
to be heard in his own defence before the commit
tee take such grave step to report articles Of
impeachment against him. AS there are only a
few days left of the session his case cannot be
investigated as fully as 1t ought to be, and the
committee will therefore recommend that 1t be
referred to The next House for consideration
In the third case-that OF Vice President Colfax-
the committee is pretty nearly unanimous that it
cannot report articles of impeachment against him
on the ground that Congress has no Jurisdiction
over the conduct OF congressman and officers Of the
government previous to their election for the pres
ent term.n
"But is not Congress the guardian Of its own
honori Does not one of its acts say that any men,
Der who brings Congress into disgrace Is subject
for expulsion9"
~ think that Congress has an arbitrary power to
expel members or impeach officers Of the govern
ment; but 1t would not be discreet and legally
right to use that power"
'Then there will be no minority report9"
me, think there will be no necessity for one,
and upon TINS same technical ground the majority
OF the House will not vote for the expulsion Of any
OF the members implicated in the Credit Mobilier.
This viii be Buffers line Of argument in defence Of
Cakes Ames. He is drawing up the report Of the
committee, and 1t viii be quite vigorous one.
We shall meet again tomorrow morning, and the
report will be presented on Tuesday"
apart from the technical objection of jurisdic-
ton, do You think, sir, that the evidence against
Colfax just1es his impeachment ?"
~ do not think that the evidence OF Cakes Ames
alone would convict him before any court Of law.
Mr.. Ames has doubtless prevarcated; he has been
ent versions at different times about the conr1ec-
ton Of the implicated members with the Credit
Mobiller, although l think that his last
version the true one, and that there is circum
stantial evidence against Colfax beyond Ames'
testimony. Still there is legal doubt, though
there may not be moral one, and before court
of law the accused is entitled to the benefit OF it.
/ believe that public opinion will deal with C0fax
as severely as he deserves.
"Weud the judgment OF your committee have
been different il Fernando Woods resolution had
prevailed ?"
81 do not think that would have made any differ
ence. The republican majority did not want to
have the resolution from the democratic side; but
Tyner's substitute really amounted to the same
thing, and it would be of little use to report the
impeachment OF COlfax, because there is no time
left for Congress to take any action whatever in
the matter.n
How the Member from wilkcsbarre
Feels About 1t.
The conversation Of your correspondent with
Mr.. Shoemaker, member also OF the next House,
was as follows:-
CHOW Will the report OF your committee deal
with the alleged chief offender, COlfaxf"
1--WE shall not reach positive conclusion until
tomorrow. In the report the committee will pro-
pose to lay down some principle as to the right Of
Congress to expel any member or impeach any
onlcer of the government for orences committed
previous his election to Congress or to term Of
Office, as the case may be- The committee have not
yet fully determined on the principle which should
govern their action on the question Of jurisdiction.
1t will probably be decided at their next meeting
tomorrow. 1t is, however, pretty certain that the
committee will not report articles OF impeachment
against Mr.. Colfax. don't think it would be safe
to give Congress the power to expel o member or
impeach an oficer for any crime committed before
his term commenced. II that were allowed there
would be no limit to the power of the majority.
The safer plan il for the House to take cognizance
only OF offences committed while the accused is
member OF the House; or OF an officer, OF offences