Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-02-28

charged as offences against members
! this House in connection with the Cred
| Mobilier Of America, occurred more tina
five yeaas ago, and long before the electio
OF such persons to this Congress, two ele,
tons having interviewed; and whereas
grave doubts exist as to the rigbtfol exel
else by this House of its power to expel
member for offences committed by sue
member long before his election hereto, an
not connected with such election: there
fore
Close Parliamentary Point.
Mr. Sargent moved to lay the preambl
on the table.
In reply to excited and various question
from all quarters as to the effect of the mo
ton, the Speaker stated that it would carr
the whole subject on the table and put al
end to it, except as to the resolutions al
ready adopted. They had been finally dis
posed Of and were not before the House.
The question was taken on Mr.. SARGENT
motion, and it was rejected-yeas Is, nays
181.
The preamble was then rejected-yeas 9S
nays 113.
A Move to Postpone Judgment Day
Several members addressed the chair,
having resolutions to offer.
The Speaker recognized Mr.. Hale, who
moved that the report of the committee be
recommitted to the select committee, ant
moved the previous question.
Mr.. Wood inquired whether it would b,
| in order, If that motion were agreed to, t.
| offer resolution of instructions to report
back resolutions in regard to the other gen.
tlemen implicated.
The Speaker thought not.
The House refused to second the pre-
vious question-77 to 90.
A Drag Net
Mr.. Wood offered the following resolu.
ton:
Resolved, that the House absolutely con-
dennis the conduct of Samuel Hooper and
Henry l.. Dawes, of Massachusetts, VIII
liam D. Kelly, OF Pennsylvania, Glenni W.
Scofeld, of Pennsylvania, John A. Garfield,
and John 81. Bingham, of Ohio, members
Of the House of Representatives inasmuch
as they became interested in the Credit
Mobilier of America, contracting compa-
ny for the construction of the Union Pacific
railroad and continued to be so interested at
atime when said corporation was dependent
on the legislation of Congress for its main
tenance and support.
Mr.. Randall made the point that reso-
luton of censure should be confined to one
individual.
The speaker sustained the point of order
and stated the reasons for the ruling.
Pig.IrOn Kelley Placed I'm the Pris-
Oner's Box.
Mr.. Speer then offered the following.
Whereas, It is shown by the report ofthe
Select Committee of the House to inVesti-
gate the charges of alleged bribery Of men,
bers by Ames and o. hers, that William D.
Kelley, member of Congress from the
State Of Pennsylvania, did receive while
member of the Hodse from Cakes Ames
the sum of 1929 on tn 23d of June, 1859,
and the further sum of SIS in September,
1868, as dividends on stock of the Credit
Mobilier of America without having paid
anything therefor; and, whereas, the said
dividends arose from dishonest contract
and arrangement between the said Credit
Mobilier and the Union Pacific Railroad
Company, which company was and is large
II indebted to the United States, resulting
in gross fraud and wrong on the govern
pent; therefore
Resolved, That for the receipt of and use
as aforesaid of said Credit Mobilier divi-
dends, VIM. D. Kelley deserves aud hereby
receives the unqualified censure of the
House.
Mr.. Dickey objected to the consideration
Of the resolution, and characterized the pre-
amble as stump speech.
The Speaker put the question whether
the House would now consider the reso!u-
ton and it was decided in the affirmative,
yeas 11S, nays 81.
Substitutes were suggested by Messrs.
Sargent, Stevenson and Hawley, but Mr..
Speer declined to allow any of them to be
offered. He proposed to yield half of his
hour 10 the gentleman affected by the reso-
luton.
KeIIey's Poor Plea.
Mr.. Kelley said he asked the House only
10 be true to its own honor and the rights
Of each member. He had had no witness
before the select committee. It had not
been intimated to him be might be heard
On his own behalf. other than the brief ex-
animation made by counsel or by himself.
He asked therefore that bis colleague MIR.
Speer, who in the last few minutes Of the
morning debate had connected his name
With this matter without his (Kelley) hav-
ng an opportunity to reply, be permitted to
make his speech and present his arrsign-
nent, so that having heard whereof he was |
and the grounds on which the &C
,usation rested, he might have the poor |
privilege of saying why sentence should not |
De passed upon him, as he had not the right |
If being heard before the committee by |
witness and counsel.
Mr.. Speer then yielded fifteen minutes to |
Mr.. Butler, who asked, if the House was |
,oing into this method of purgation and |
,urifcation, where were they to stop? By |
.dopting this course the House would be
aking away the great palladium of civil |
liberty, the right of trial by jury. He
allied upon the House to pause. He pro-
'osed to have this resolution referred to q
committee, not to the same special COM
had not much respect for it.
Nude alteram partem, was the motto of
very deliberatiVe assembly and of every
Idge.
Mr.. Stevenson spoke for fair play and
justice, and said he was not
7illing to condemn Kelly on the testimony
{ Ames, whom the House had just con-
emned.
Mr, Speer said he rose to perform a duty
igher than personal friendship, regarding
be involved honor of his native State. His
Olleague Kelley had told the House he had
OF been heard. He had been heard from
is own lips and could have had summon
any witness he desired to have exam
led. Speer then reviewed the testimony
/ the case of Kelley, aud argued that
Kelley Must have known
lat the corruption out Of which these
lormous dividends came was corrupt
fair. Not only had Kelley prevaricated
nd concealed the truth but he had at
mpted to get Cakes Ames to conceal 1t
nder oath. He (Speer) was satisfied OF
le truth of the committee report and felt
lat it was his duty to present the resolu-
on.
Mr.. McCrary, member of the special COM
ittee, said it was the superstition that
ely and those other gentlemen stood in
10 same position, and deserved the same
lnishment as had been inflicted on Ames
Id Brooks. 1t was not warranted by the
stimony in the case, and differed from his
ca of Justice aud fairness. Kelly and
hers had not been informed of the facts
hich made the transaction of Ames and
rocks censurable. He thought this reso-
ton should be tabled.
r ecess till SPIN.
Evening Session.
Mr.. Kelley rose and addressed the House
e had been member of the House for
7elye wears. Had been connected with
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