Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-02-25

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was a member, cannot properly be cited
for the purpose; for if anything was settled
| in Wilkes case it was that such an act of
expulsion was contrary to the liberties of
the Commons of England, and the offen-
sive record was afterWard expunged from
the Journal of the House of Commons.
Besides the several acts for which he
was expelled we're done sfier his
election to that same session Of Parliament
The case of o. B. Matteson, of New York,
cited by the Credit Mobilier in same con-
nection furnished no precedent whatever,
because tie resolution of expulsion for acts
done by him in preceding Congress had
been laid on the table. The committee is
of opinion therefore, thatthe right of repre-
sentation is right of the constituency and
not Of the representative, and so long as
he did nothing disorderly, or which rend-
cred him unfit to be in the House, the
House had no right or legal constitutional
jurisdiction or power to eXpei. The CON-
mittee argues therefore, that both the i'm
peaching power and the power of expulsion
are remedial only, and not privitive, and
comes to the conclusion that so tar as re-
ceiviDg and holding an interest in Credit
Mobilier stock is concerned, there is moth
4
would warrant the impeachment of the
Vice President. The committee therefore
| asks to be discharged from further consid-
Grafton of the subject. The report is sign
| ed by all the members of the committee ex-
| cept Potter and Wilson of Indiana, and
Mr.. Goodrich, all of whom, however, con-
cur in the recommendation that the COM
mittee can be discharged.
| Mr.. Potter presented a minority report
| which was also read. He does not adj
| NIT the correctness of the committee find
| ing that man cannot be impeached or
expelled for acts done before he was in Of
| fee. He regards the question as unsettled
and doubtful, but concludes that under ex-
isting circumstances, where impeachment
couldnot be followed bV trial, the decision
of the House in support of the power to i'm
peach or expel would only be the deter
mination of
An Abstract Question.
He did not feel so justified in holding
that Congress had power of impeachment
as to make him feel willing to recommend
impeachment at time when the impeach-
.ment could not be tried. He thought the
matter could now only be left to public
opinion. -.-
OOOuElCQ tlcHSy WulCu
dissented from the report of the majority.
He denied the doctrine that an officer can
not be impeached or expelled for acts done
before be was in office. He believed that
precedents for his position could be found,
but even if they could not be, be was pre-
make q Precedent
and plant it broad and deep in the history
| of the country for its purity and safety in
future.
The reading of the reports occupied an
hour and half, and was listened to with
great attention by the House.
Mr.. Butler, of Massachusetts, then moved
that the resolution referring the matter to
| the committee be laid on the table.
Mr.. Poland desired to move recommit-
tai to the Judiciary Committee.
Mr.. Cox suggested that if recommitted,
all the report referring to the expulsion of
| members should be stricken out as irrele-
want.
Mr.. Banks-That is the proper motion.
Mr.. Butler replied to Mr.. Cox in defense
of the report, claiming that that part of it
was not irrelevant, but was referred to in
the report of the Poland committee.
Mr.. Banks-It is a most unworthy act to
commit the House to the
- AtrOcious Doctrines
of that report, brought before the House
| unexpectedly, without an opportunity be
given to discuss it. (Applause on the Dem
ocrstic side.)
MIR. Butler-To that l answer
Mr.. Banks-I object to debate, unless
you Withdraw your motion to lay on the
table Give us the right to discuss a mo-
ton to recommit, and withdraw your mo-
tion to lay on the table.
Mr.. Butler-Perhaps L may.
Mr.. Banks-If the gentleman Withdraws |
his motion to lay on the table, l am sure
the House will hear him at any length he |
may desire.
Mr.. Butler-I am only looking at the
state of the public business. l should like |
| to discuss this report and the report of the
Credit Mobilier Committee. That commit |
tee has nothing to complain of. 1t has had
the first word. l should like to discuss it
for week, and am prepared to discuss it as
long as
Grass Grows and Water Runs,
| laughter but the state of the public busi-
ness will not permit it. The Judiciary
Committee has come to the conclusion on
certain resolutions referred to it, that under |
the circumstances it is not expedient to re-
| commend Impeachment, and it has given |
| to the House the reasons why it has come |
| to that conclusion. | do not know that |
any man who votes to lay the resolution on |
| the table is bound by any portion of the re- |
port. What l do mean to say is that all the |
members of the Judiciary Committee with |
one exception agree to the conclusion ar |
rived at. No one is bound to the exact |
reading of the report.
Mr.. Banks-Report states that the Judi |
| ciary Committee has to treat this question |
| as an historical one, and if the report be |
accepted without an opportunity for dis |
cussion, it will commit to its doctrines every |
member who does not vote against laying |
the resolution on the table. The house has |
| q right to complain that this Judiciary Com |
mittce has discussed question |
| which in no possible way were referred to |
it, and has taken an opportunity on the |
| highest question of privilege to impose an |
| irrelevant and unjust argument Of ques- |
ton which does not belong to the resolu- |
ton referred to that committee.
Mr. Butler-Nor was the question ofim- |
peschment referred to the Credit Moblier |
committee, and yet that committee discussed |
that question at very great length, and no.
body got into furore about 1t. After a |
a good deal of
Confusion and Excitement,
with many members on both sides making |
efforts to get the floor, Butler withdrew his |
motion to lay on the table and moved to
postpone the consideration of the subject |
until Wednesday after the reading of the |
journal. Agreed to, yeas ia nays 70. Be- |
fore ths vote was announced Speer made
point of order that
Brooks and Ames
who were interested in the question had
voted.
The Speaker asked Speer to state why
these gentlemen should not vote.
Mr.. Speer gave as his reason that the fact
that the report of the Judiciary Committee
was to the right and power of the House to
expel these members, and they were voting
to postponement of the resolution to q
day certain. t
Mr.. Hoar remarked that the same poi n.
pUould annlv tn the gentleman from Penn i