Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-02-27
FORTY-sECOND CONGRESS
This AfternOOn's Proceedings
THTRsnAY. Eehruary q.

SIN Al E.-hE. Ltkan ptcet tItltbtAdfe
Of X. j. OgIesby. Senator from Illiroi for the
term commencing March 18th; which were read
! and laid on the table.
| The calendar OF general orders then came up.
when Mr.. Carpenter moved "a lay Il on the
| table for the purpose OF taking mp the blu. re
ported tTcm the committee on privileges and
81, ctiUnS.
PROVIDING FOR NEW ELECTION IN LOU
IsiANh.
| IL was absolutely necessary that this should be
| done, m order 20 avert the bioodshed which the
| dispatches in the morning papers showed TO be
| imminent.
Mr.. Morton also advocated taking up the bin.
| and said the times demanded prompt action.
The motion OF Mr.. Carpenter prevailed, and
| the Louisiana bin was taken mp.
Mr.. Hill moved an amendment in the ma
tUre of
SUBSTITUTE FOR THE BILL.
| providing for the assembling, on the 10th day
| of March, of all the members declared 20 have
been elected 10 the legislature by the two re-
| turning boards OF Louisiana, such members 50
declared elected constituting quorum or both
branches OF the legislature. The members so
| assembled shall proceed 20 organize their re-
| spective houses, and shall then proceed TO can
vass the election returns and ascertain who are
duly elected as state officers. IL also provides
penalties Tor any interference with such assem-
bling.
Mr.. Carpenter said he did no. now propose 10
enter into any statement of the views OF the
majority of the committee, as they were set
forth at great length in the report OF the com
mittee As to the bill itself, he did not think
Iigat Intrt were anN objections to
If such hill was deemed TO be necessary. He
sent up to the desk 10 br read,
DISPATCH.
which he sand had been handed 10 him By Mr.
Mcmillan, one OF the gentlemen claiming to To-
elected TO the l. ). Senate. The dispatch is as
follows:
NEW ORLEANS, Feb. -.
To W. L. KcN'lTR and G1r. WQr,o,E 1t I,
NOT rrue that COUNTRY parishes Are acknowledge
ing their allegiance to the Kellogg government.
The people in the country, like the people In
the city will never yield obedience to that
government. 1t can never collect taxes and il
can only he maintained nv force. That force
will have To he L. :. troops stationed in every
parish TO enforce the authority OF his govern
ment His government can only be retained
by an actual conquest of the people, and that
by the kind of force which the people would
submit 10 rather than to a militia.
Signed by JnO. McEnery, and number of
others.
HOUSE OF REPRESENTATIVES,
House reassembled at 10o'clock this morning
and the discussion of the Poland report was at
once resumed. Mr.. Bird Y. j. was the first
speaker, and defended the report of the COM
mittee.
Nh. Holman protested against the adoption OF
Mr.. Wood indicated his purpose 20 vote
against both resOlu tons of expulsion.
Mr.. Potter q. W also opposed the resolu-
tiOns OF expulsion, and paid a high tribute 10
ME-. Brooks integrity.
MIR. Speer (Pa,) contended that the House
ma "A rlSnt TO go back OF the election and
ish an offence committed by member before
his election. He believed Messrs. Dawes and
ScOfeld innocent, but Messrs. Kelley and Gar
field guilty. The latter had received the stock
without paying a dollar for the same.
On motion OF Mr. Beck (ky-) the House then,
at 1879, adjourned.
Thursday's Session.
The House was again called to order bv the
Speaker, and after prayer by the Chaplain the
reading OF the journal was dispensed with. and
Mr. Beck (ky) complained that his words had
hAs.rl mi instr rnnA In had H., F..la
Brooks, LIT contended that the House had no
jurisdiction.
Mr.. Stevenson tOhio) raised a point OF order
that the House had agreed that the previous
question should be considered as ordered after
the reading of the journal.
The Speaker sustained the point of order
Mr.. Sargent tCal) asked to have read a sub
stitute proposed by him, reciting that it APP
pears from the report OF the committee that the
offences charged were committed more than
four years ago. and that serious doubts exist a.
TO the power of Congress to punish offences com
mitted before individuals became members and
resolving that the House condemn the conduct
OF Cakes Ames and James Brooks.
MR.. POLAND CLOSES THE DEBATE.
MI Poland then rose To close the debate. He
hrst took up the question of jurisdiction. i'm
which he said he felt a much deeper interest in
establishing correct precedent than in the
punishment of these men. He said We had
adopted the common parliamentary law of Eng
was done by the House of Commons He re-
ferred to the case OF Walsh, already cited i'm the
House OF Commons in 1872. He said that Walsh
was convicted of theft, and on a special verdict
appealed to the twelve judges, who, not having
power to set aside verdict as i'm our own courts
recommended pardon, which an equiva-
lent and considered a declaration that he was
innocent, and il was for this reason that he was
not expelled. He cited cases of expulsion for
ofences committed prior to election, and he
could find no place where this question of the
power to consider previous offences was
even advertcd to- And when eur con-
stitution was framed he held that no
doubt on this point was ever entertained.
As to the question i'm our country lac denied
that it had become a settled question; the
contrary, 1T was only within a few years that
such question had been raised. In the case OF
Humphrey Marshall, the question was not
raised throughout the consideration of the sub
Iect The Senate, he said, decided that the
offence had not been fully established, and tina,
the proper place to establish it was before A
jury. This, he said, was done by the very men
who framed the constitution; and vet wear or
two later, they turned around and expelled
member without trial by jury. He repeated
that there was not an instance where il had
bee been held that the House could not 60 back of
the election, until the case of Matteson In
this case there we're other reasons operating
de had been dealt with by former Congress-
and his case was fully understood by his CON
stltuents before his election. This, he held, had
more weight in the decision of the House than
the question whether the House had power to 90
PACK. he cited the case of COnDsr, of Texas
whose right to seat was disputed by MFR. But
Ter. OF Massachusetts, because OF offences tor
which he was tried by c0urt-martial prior to
Hp cIcCtiOn ne next auSerteQ 10 the conduct
OF Mr.. Ames, contending that if he stood before
jury there could not be question Of his con-
viction. He admitted the plea or pre- yious good
character: but where a man Deliberately com
mitted great crime, that plea did not save
him.
Mr. Poland had commenced a review of the
case of MIR. Brooks when his hour expired, and
he asked an extension OF time, but several
members objected.
THE PREVIOUS QUESTION,
The Speaker then announced the question
The immediate question he said was upon the
resolution expelling Cakes Ames, to be fol-
lowed by one for the expulsion of james Brooks.
For these substitute had been offered by Mr.
Sargent. If this was adopted the question
would then recur first upon the rsOlution in re-
iation to Cakes Ames; next upon the one in re-
latlon to James Brooks and then upon the
preamble.
Mr.. Farnsworth (nll.) said that in order that
the matter might be referred to the people, he
would move to lay the whole subject on the
table.
The motion to lay on the table was rejected.
Yeas 50, nays 164.
THE VOTE ON THE SUBSTITUTE
The question then REQUIRED upOn the suhsti-
tlte proposed by Mr.. Sargent, and it was
fEAs-4s1rs. Adams, Ayerill Barnum Rarrv