New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-02-25
TIE REPORT.

THE REPORT.
GENERAL PRESS DISPATCHI
The only two impeachable officers involved in
matter the report SAYS the vce-President Of
the United states and Mr. James Brooks in the capacity
of Government Director OF the Union Pacific Railroad
Company. The latter having long since ceased to be
officer, The against him mad been considered
further The report then cites the facts and circum-
stances the of MIR. COlfaX Assuming the facts
as alleged to be all proved several questions Of law pre-
sented themselves 10 rhe Committee, among them
whether an officer can be impeached except for
acts done or alleged 10 be done While Ia office.
The Committee had been able to ind instance Of
Impeachment where the not in relation
act done alleged 70 be done while the officer was
IN Office 10 had always been considered material that
the articles should aege substance that being
officer ana while IN the exercise Of the duties OF the
Office the accused committed of alleged incupation
Il appeared evident 20 the Committee that the proceed
incs of Impeachment intended by the Constitution
TO be wholly remedial not punitive. Except faras
the penalty Of deprivation of Office, &c. the remedial pro-
ceedng Of Impeachment should only be applied to high
crimes and misdemeanOrs committed while in office and
which affect the oerin the discharge Of his duty SUCH
Whatever might be the effect Of these acts the officer
rs a man, the proceeding Of Impeachment touched the
Office only and the qualification for the Office, and not
the man himself.
The report criticises the view euuucate1 10y the PO
land Committee drawing analogy between The pro-
sets that no authority be found for such doctrine
An expelled member may be reelected, but mpaached
officer can be restored TO Office But even the
power Of expulsion for act committed before the
election of aember not within the constitutional
power Of the House. Less st could an officer be i'm
peached something done by him before he was in the
office The Ene!ish Of john wilkes, cited by the
Circuit Mober Committee authority FOR the propo
sou that member could be expelled Tor acts done be-
fore he was member could mot properly be cited for
at purpose, tor if anything settled in the Wilkes
case 10 was that such act OF expulsion was cOnraJ 10
the liberties Of the Commons OF England, and the often
sve record afterward expunged from the journal
of the House OF Commons Besides several for
winch Wilkes was expelled was done after the election
TO that session of Parliament.
The case OF o. b. MattesOn OF NewYork cited by the
Credit MobeT Committee in lthe connection. mr.
nshed precedent whatever because the resouuonof
expulsion Tor acts done by him the preceding Congress
had been and on the table The Committee Of the opn
ion therefore that right Of representation she right
of the constituency not OF the representative ana so long
as he did nothing disorderly which rendered him unit
20 be the House. the House had no right or legal con-
stitutional jurisdiction power 20 expeL The Commit
tee argues therefore, that both the impeachng power
and the power Of expulsion remedial only and not
punitive and comes the conclusion that so far as
receiving and holding interest In the Credit Mobier
stock is concerned there nothing in the testimony sub
mitted which would warrant tho Impeachment OF the
Vice-Presdent The Committee, therefore. asks to be
discharged from further consideration Of the subject
The report is signed by all the members Of the Commit
tee except Mr. Potter of New York. M Wilson Of India
ma and Mr Goodrich Of New-York. all Of whom, howev
r concur in the recommendation that the Committee be
discharged
VIEWS OF THE MINORITY.
Iconcur in the conclusions OF the foregoing report so
far as the same have reference 10 the question OF i'm
peaehment DO not feel called upon by the resolution
submitted by the this Committee 10 express
my opinion in regard the power Of the House 10 expe
for acts committed before election and express no opin-
ion in relation thereto. j. NJ WILSON
Mr.. Potter Dem, n " presented minority re-
mort which was also read. He does not admit the cor
reetness of the Commitees finding that man cannot be
npeaobed or expelled for done before he was in
office He regards the question unsettled and doubt
fu bur concludes that, under existing circumstance
where impeachment could not De followed oy tlA tue
decision Of the House in support Of the power to peaeh
or epe would only be the determination OF an abstract
question He did not feel justified in holding that
Congress- had the power Of impeachment as 10 make him
feel willing 10 recommend impeachment at time when
an impeachment could not be tried. he thought the
matter could now only be left 10 public opinion
Mr.. Goodrich Lab Rep, n. Y. submitted his views
why he dissented from the report OF the majority lie
denied the doctrine that officer cannot be mpeached
or expelled for before he was IN Office He be-
eyed that preoedents for position could be found
mt even II they could not be he was prepared 10 make
one and plant il broad and deep IN the history OF the
country for It's purity and safety In the futute.
HOUSE DEBATE On THE REPORT.
Nr Rutler Rep Massl then moved that the resolu-
tion referring the matter the Committee DO laid on
the table. 49,,
Mr.. Poland Rep, VT desired to move reeommiital
10 the Judiciary Committee.
Mr. Cox Dem. N. " suggested that II recommltted
All of the report referring the expulsion Of members
should De struck out as irrelevant.
Mr. Banks LIB. Rep, MassD-rhat Is the proper mo
ton. -, o., -, ,..o,.o ~, tho rorort
claiming that that part OK it not irrelevant bat wac
referred TO in the report of the Poland Committee.
Mr. Bauks-It is q most unworthy act 20 undertake To
commit the House 10 the atrOcious doctrines OF that
report, brought before the House Unexpectedly ana
without an opportunity being given To discuss IT, lAp
piause on the Democratic side.I
Mr.. Butler-Io that answer
Mr.. Banks-I object 10 debate, unless you Wlthdia"
your motion 20 lay the table. give us the 1Hht 10
discuss the motion 10 recommit. and wihdra" your
motion 10 lay On the table
Nj. Batler-Perhsps may
Mr.. BaBks-If the gentleman withdraws his notion Ia
lay ON the table, the House Will hin At
any length lie may desire.
Mr. EntoT-I only looking Al the state Of public