New-York tribune., 1873-02-19


gave the seat to Lutre. subsequently, in
iTss, the House Of Commons declared the
resolution Of Feb a. @ Which be- saG Teed 20 Se nS
Parliament TO be subversive OF the rights Oh te electors
this concise statement OF wkes that the question
was not raised as to ,t tae Po|er commtted
prior to his election The point dec decided 1na s,lr
afterward most properly expunged, was that expulsion
Der Sc rendered the expelled member legally Ineligible
and that votes cast for him could not be counted The
Wilkes onense OF purely political character not
isry I'm The press and the proceedings against him in
Parliament then claimed to be parisln pohtlct
And of the liberty OF the press. These pro
oeedings In the Wilkes case took pace durln8
evero of them are devoted 10 the discussion OF them
The doctrine that expulsion creates lnengohy was az
acked and exposed by him with great force Dnt he con-
cedes that IL the cause Expulsion be one ha renters
man unit and unworthy TO be member nc may De eA
Fgase of Matfeson in the House OF Representa-
tyes has also often quoted precedent Tor t5
dphae Of the House upon that case it will be seen that
this was one among many grounds srhiect taaon vas
ended by being laid on the table, is quite impossible TO
say what decided by the House lt appeared now %
ever in that case that the charge against MatsOn 1
become public and his letter. upon which INC %J %nDJ
charge rested, had been published anu erGudaIi G bil
through his district during the canvass preceeh9 Ms
election This fact. we Judge, hal most Important IN
nuence in determining the action OF the HOUSE III ni'
THE TINE OF COMMITTING CRIME DiNATERIAL
The Committee have occasion in this report 10 ds'
cuss the question to the power or duty OF the Hone
in a case where a constituency with full knowledge OF
the Objectionable character OF man nave seeotea @ o MN MN
posed that any & t9 ~ AN oense involving moral
furptude would elect him. The majority OF the Com
mitteo are not prepared to ooncede that such man
would not consider the expulsion OF
such man any violation Of the rights OF the eectors'
nocted the House as body has rights also that should
be respected and preserved But that IN such case me
greatest consideration and that tins should form an -
pOrtan element in its determination is readily aditeu
IL is universally conceded as we beleYe tpat tue house
has ample Jurisdiction to punish OF etpe member for
an 6lense committed during his term az member
I'm no way connected with his duties as a
member Upon what principle ls II tnao maj sucn uon
or the other or both OF the folQYpg Igat the onense
shows him 10 unworthy and improper man 10 DC
upon the body But suppose the oense has been com
mitted prior his election and comes to lg aterWaru
disgrace upon the body, II they allow MN 10
bo member any the lessi We can see
aU and "il'i' to- attempt any would be TO create
purely technical and arbitrary distinction having no no
hs eSected with the knowledge on the par; Of his
event. we have given views Of the effect Ii seems
to ma absurd to saw that an election has given
political bsolutlon for an Ofense which unknown
to his constituents. II II he urged again. as IL has some
times been, that this view OF the power OF
the House aud the true ground of its
proper exercise may be laid hold OF and used
imnroperly n may be answered that no rule known,
however narrow and limited that may be adopted can
prevent IT, II twOthirds OF the House snail see t TO eX
neI man because they do not like his political or relig
ious principles without any reason at all. they have
power Such exercise Of the power would be wrong
fu and in violation of principles the Constitution;
but we see no encouragement Of such wrong
in the views we hold. IL is the duty OF
upon appropriate occasions and to trust that those who
come after them will be no less faithful to duty and no
less Jealous for the rights OF free popular representation
than themselves. II will be quite time enough to square
other with right reason, and principle, when they
10 maintain strictly public integrity aud public
honor in all cases as they present themselycs
Nor do we imagine that the people OF the United states
viii charge servants with invading their privileges
where they conform themselves to the preservation OF
standard OF Official integrity. when the common Instincts
of humanity recognize as essential 10 al social Ofuet ana
good government
The foregoing are the views which deem proper to
submit upon the general question Of the jurisdiction or
the House ITS members. But apart from these gen
eral views the Committee are Of the opinion that the
facts found in the present cases amply Justify the taking
jurisdiction them for the following reasons:
REASONS FOR THE JURISDICTION or THE HOUSE.
The subject matter upon which the action Of members
was intended to bo influenced was of continuous char
acter and was as likely to be subject of Congress
action in future Congresses in the XLth The in1u
onces brought bear members were as likely 70 be
were so intended Mr.. Ames and Mr. BROOKS have both
continued members OF the House TO the present
these influences were sought TO be exerted. The Com
mitce therefore, OF the opinion that the acts Of
offenses against the present House and so within
its jurisdiction upon the most limited rules Two mem
bers OF the COmmttee-Messrs Niblack and McCrary-
prefer to express opinion on the general Jurisdc-
tona questions discussed in the report and their iudg
Ames he sold TO several members OF Congress stock Of
the Credit Mobiler Company at par when it was worth
tent thereby influence their votes and decisions
upon matters 70 come before Congress. The facts
found in the report to Mr. Brooks show
that he used this Influence Of his official positions as
member OF Congress and Government Director OF the
stock Of the Credit MoOller Company at par when 10
was worth three or four times that sum- knowing that t
given him with intent to influence his votes and
decisions I'm Congress and his action as Government
Director The sixth section the Feb 20, 1858
90 stat. U. g., y, is in the following words:
II any person or Is A III G or sS CT Rf9n 1 oa or
goods At ~ 0 Ss ps pr sc i T T m Ssa 81 S e.
valuable thing whatever member Of the Senate House Of Rep
after be shall have qualified and taken his seat
or dischaug ans Official any
pment Of me q as oael saes s 'a passage o. '
act with intent 70 influence BIS vote or decision on any question .er
cause or processing Which may s2e1 be pending or may S law Q!
capacity in his place Of trust or proG and snail thereof be ou
Scted such person or persons so Offering promising or giving or eus
goods fright action bnbe present reward any promise,
Tract G5dean1 IN SoG or & q IN actor, M ' s aTes DS Of d
other valuable thing whatever and the member officer
person ps wac .s bs bs b ~ R % g % HIN s% sn Any n &
trial crimes and mdemeauo shall upon conviction thereof
given and imprisoned in peneny not eIceeus 10 years. and the
convicted Of the
thereof ocer holding such place Of trust
profit Aforesaid shall forfeit bis Office pacei and person
this shall forever be disqualified hold any
Office Of honor, profit uaier the United States
In the judgment OF the Committee the fact reported
In regard Mr.. Ames and Mr. Brooks would have JUS
titled their conviction under the above reced statute
and subject them to the penalties therein provided
THE EXPULSION OF AMEs AND BROOKS RECOMMENDED.
The Committee need not enlarge upon the dangerous
character OF these oenses. The OF Congress Is
by the penalty denounced by the statute
itself. The ofenses not violation Of private right
but were against the very life of constitutional Gov
ernment by poisoning the fountain of legislation The