The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-24
Prepared for the Great Strug-
80 gle on Tuesday.
Poland's Whitewash To Be
Hinged with Green.
COLFA x Sc G u II H .
The Judiciary Committees "NO
Jurisdiction" Theory.
Bingham, Peters and Shoemaker
Explain Why.
The Essex Statesman Pre-
pares the Report.
NO ENACTMENT.
Dreadful Measures Against Congressional
Cippprs nm parpp 0ulv
NO IMPEACHMENT.
Dreadful Measures Against Congressional
--' Sinners, on Paper Only.
The Presidents Budget Of Bust
ness for the Senate.
THE VICE PRESIDENT ROBBED.
A Professional Gentleman Steals $4,000
from the Christian Statesman.

a PROFESSIONAL Gentleman steals H4,CUU
from the Christian Statesman.
WASHINGTON, Feb %, 1873.
The Colfax Impeachment-ssNo Jurisdic-
tion'' Theory OF the Chairman Of the
House judiciary Committee.
When the nine members of the House Committee
on the Judiciary concluded protracted meeting
Just before midnight last night it was currently be-
Ieved that something very important had been
done. This ia the first time this session all the
members have met. The cases Of Vice President
Cofax and Judges Delahay, Durell and Sherman
were before them, and must be disposed of within
ten days. The resolution of Mr.. Tyner by inference
might have meant either Colfax or James Brooks,
but. the latter having already been provided for in
another way, the duty OF the committee toward the
former had evidently been under serious consider
alton. Then the reticence OF the members, their
positive refusal to talk or say what had been done,
and the cold assurance that the press would find
out soon enough, led to speculation as to
the result of five long hours deibera-
tion. The political complexion Of the
committee also added to the speculative
interest Of the nine Solons of the House. There
were the Chairman, Bingham; Wilson, OF Indiana;
Shoemaker. OF Pennsylvania, and Peters, OF Maine,
who were radical republicans and within the
party traces Butler, who is always radical Good
rich OF New York, who had liberalized himself out
Of Congress- and the trio of democrats, voorhees,,
Eldridge and Garrison N. Potter. 1t was true the
report Of Poland's committee was no criterion;
but why this positive refusal to talk about commit
tee matters-this careful bridling Of the tongue 2
To answer this was the task imposed to-day, and to
learn at about what time the articles of impeach-
ment against the Vice President might be pre-
scented.
In pleasant room in the Washington
House was found the venerable Chairman OF the
Judiciary Committee, Judge Bingham, hedged
about with volumes of the gathered wisdom Of
thousand years and numerous copies Of the HER.
AID. A cloud OF smoke, like an aureola Of glory,
noated over his sllvery locks; there was something
Indicative OF life in his features; his eye was
brighter, his complexion clearer and his voice
more impressive.
''Sit down and make yourself at home" was the
cordial greeting when once was across the thresh-
old of his apartment
The weather, business before Congress and other
minor topics were not preached as preliminary to
an attack on the great impeacher the man who
has had more experience in this line than any
other member of Congress, so i quickly asked the
nrst question-'What did you do In committee
last night that could be repeated without infrng.
Ing on your agreemcnt2"
Nothing, sir; and who says to the contrary mis-
represents the fact"
Here was in deep water, with no one but this
venerable jurist to save me.
''You are a correspondent for the HERALD, are
your Who writes for that paper with buzzard's
pulls, and questions my business transactions with
Cakes Ames, or any other man, Ell ?"
81 was not aware that anybody did, do not at
least, always write with Faber No. 2, and prefer
pencil to ink.n
The judge looked at me, squared his chair In
better light and after expressing himself very
plainly about the ignorance OF the press generally,
but not Of the HERALD as he said That was the only
paper he ever read, he said -
ssThis impeachment business is not so savory as
many people would suppose. Let us see. Judge
Pickering Of New Hampshire, was impeached
about the beginning OF this century. After that
attempt was made to impeach Justice Chase, Of
the Supreme Court which failed, as did also the
attempt to impeach United States District Judge
Peck Judge West HUMPHREYS, Of Tennessee, was
convicted of treason during the war, and then
came the effort to impeach that great and good
man, from the same State Andrew Johnson, Pres-
dent of the United States in both OF which cases
was the leader and, as you know not so successful
with the last as with the first. Now let us go back
again, for / suppose you want to know what the
prospect Is Of impeachng Colfax. Well, somewhere
about 1795 Tennessee had Senator named Bl0unt
whom 1t was decided could not be impeached; and
John Smith, a Senator from Ohio, concerned in
Burr's conspiracy, failed to be expelled for
lack ofvotes. But the case which brings us to the
point Is that OF Senator Humphrey Marshall OF Ken
lucky, who was charged with certain grave Of
fences, committed before his election to the Sen.
ate and the Senate, acting under the precedent OF
the British Parliament, decided that 10 had no
jurisdiction over offences not committed while q
Senator was not member OF that body.r
This last remark brought the question to an
issue, and asked for its application.
.sThe resolution referred to our committee re.
qures US to ascertain whether any ofiicer OF the
government has been guilty OF offences for which
he should be impeached. II Mr.. Cofax was
guilty OF accepting brides while Speaker OF the
House he might have been expelled for
that offence; but as he could not
be impeached then, but only expelled,
he cannot now be impeached because he
svice President. ] told you the Senate decided In
the case OF one Of its ewn members that it had no
jurisdiction over the alleged offences Of its men,
:,ers not committed during their connection with
the Senate. The resolution Is peculiarly worded
and refers TO Mr.. Brooks quite as plainly to Mr..
Colfax. Mr.. Brooks held q civil Office at one time
as Government Director sof the Pacific Railroad
and was debarred from holding stock. II he did
this-tbut have no purpose in saying that lie did,
or that think he dldj--if he violated the law he
could have been mpeached by the Congress then
Ia Office. but with that Congress a.