, 1873-02-25


the eoloIed people had been given hunks and stones
Tho amendment Of nfr. Morton. tbst M d,,tnctton
shal be made in colleges account Of race co1or
previous condition Of seryitude, was lost By vote Of
At Lao P. n It was found that quorum was
present, and Mr.. EDMUNDs moved that the absentees
be sent for but, after discussion the motion was
not put, and the Senate, at u:45, adjourned.
HOUSE.
WAR CLAIMS OF 1872.
Some bills were presented for reference. Int ..za i
no possibility Of their being ect11 upon.
Mr.. HOLMAN denied the charge made by 3tr sar-
gent that ne favored the htA to reoycn the old war
Claims Of lal2 He strongly opposed the bill
adopted 70 psy 70 SCOT 1o5 e.peasSa 4 contest
THE 6HAWxEE 1ND1ANa
n1r. BoLEs reported back the senats bill to confirm
the sale Of the Shawnee Indian lands in Kansas.
THE CANADIAN F1sHEnIEE.
Tho SPEAKER presented o message from the Presi-
dent urging legtslaion to bring Into operation tho
articles Of the Treaty Of Washington, Of May g. 1s1,
relative to the fisheries, and other matters touching
tho relations Of the United Sates with tho Brttiah
North American Provinces.
Affairs ahked to have the message considered now, and
the fishery bill taken up.
Dor appropriation bill declined to yield and inaisted on
going on with that bill.
The House then proceeded with the
appropriation h1 An enn of $50 900 inserted for
the harbor Of Washington and Georgetown, D: c. An
item Of f25,00o was inserted for tho Great Ksnawha
RIVER, w. VI, Tho itern for the Illinois ver wa H.
creased from $50, 600 to 100000.
Mr. BUTLER (afass} interrupted the consideration
report Of the judiciary COMMITTEES in tho matter Of I'M
peachment srdatng ont Of the reports Of the
CREDIT MoB1L1En
Committee The Clerk proceeded to read the report in
full. The only two impeachable officers involved in
TIE matter The report says. are the President OF
the United states and James Brooks, In the capacity
OF tf0FeIhiN80t director OF the Union IAC1tE
Railway Company. The latter having long ceased
L. s's e no III eng Tne sas fsps1
cdtea tho facts and circumstances in the Of Coa1
Assuming 4, the t.ct - alleged TO b
them whether m officer can % lnpeacneo srcept for
COMMITTEES had not been able to find any instance Of
impeachment, where the accusation was not in 1ela-
deer was IN oce Il had sways b been % conaidered M ms
te1ia TINT the articles should aege In substance th4t
being such officer and while in the exercise Of tho
duties Of office the accused committed the acts Of al
legged nculpatton- It appeared evident to the Com
mttee, that the proceedings Of impeachment were in
tended By tho Constitution to be wholly remedial and
pe.chnent should only oe applied to high and
m1sdemeanorB committed while in Office, and which
affect the officer in discharge Of his duty such.
Whatever might be tho effect of these acts the off,
tho otlce only, and the quahcaon for office. aud no:
the man himself. The report cHdcses the Views
enunctated by the Poland Committee, drawing a9
analogy between the proceeding OF impeachment and
that Of expulsion and asserts that authority be
found for such doctrine. An expelled member may
be reelected, but impeached officer can never be
restored to oflco But even the power Of expulsion
for act committed before the election OF the
Der was not within the constitutional power Of the
House; less still cou1d officer be tmpeached for
something done by him before he was officer. The
English case Of John Wilkes, cited BY the
proposition TINT : member could BE- expelled |
for acts done before he member could not prop
ery be Sited for that purpose dos anything va se
puston contrary to the liberties OF the Commons
Of England and the offensive record afterwards
Besides the several acts for which Wilkes ex-
PEELED were done after his election to that
sien 3sa +, The 9f g B. 'e
connection, furnished no precedent whatever because
The resolution Of expulsion for acts done By him in the
Committee Is Of tho opinion therefore, thst tbs right
of representation is the right Of tho constituency,
not Of the and long a. he did moth
he House, the House Ind no right, or legal constt
utonal Jurisdiction power to e1pe. The Committee
l1gcs therefore, that both the impeaching power snd
he power Of e1pul-iou ara remedial only, aud not
primitive, and comes to the conclusion that 30 far
eeeir4ng and holding IN interest In the Credit Mob-
nony submitted which would warrant the mpeac1l-
nent Of the vice-Prestdent. The Committee, thero-
ore asks to be discharged from further consideration
The report Is signed by ali the members Of the Com
1tfee except AGSeF8. Potter hue0n 4tnu1an41, and
Goodrich, a Of whom, however, concur in the recon-
ncndadon that the Committee be discharged.
Mr. POTTER presented . minority report which
he Committee finding that cannot b tmpeach-
or expelled for acts done before he WA in office.
Ie regards tho queation unsettled and doubtful, but
oncludes that, under the existing circumstances,
'here could not bo followed By trial. the
ecision Of the House in support Of the
ete1unination Of an abstract question. He did not
eel justified IN holding that Congress had tho
lend impeachment At the ttno when an impeachment
ould not be tried. He thought ths matter could
MY be lett to public opinion
d from the report Of the majority. He denied the
octrue that officer cannot be impeached Or expelled
,r acts dons before he in Office. He believed that
ley could not be- he waa prepared to make one and
lsnt It broad and deep In the history Of the country
II its purity and safety In the future.
Tho renling Of the reports occupied an hour and
alf and vas listened to NTH great attention by tho
Mr. BUTLER aI.ss.) then moved that the reso1u-
on referring the Latter to the Committee be Laid
3r. POLAND desired to more zecommittal 10 tho
Mr. cox suggested that, II recoruitted, III Of tho
port referring to the expulsion Of members should be
Tuek ont Is irrelevant
Mr. EANKS--That il proper motion.
A1r. BUTLER replied to S1r. Coz in defense of the
port claiming that that part Of 1t was not irrelevant,
It was referred to in the report OF the Poand Com
tttee.
III. BASKs-1t Is u most unworthy act to undertake
commit the House to all the atroc0us doctrines that
report brought before the House. unexpectedly and
thous an opportunity being given to dscu6s it.
pplauso on the Democratic gde.l
a1r. BUTLER-To that answer
NIr. BAEKS-1 object to dstato Unless you ~ithdrv
ur motion 70 1ay table, GiTe the 6gh: to dis
sa the motion to recomrots and withdraw your motion
Lay on the table,
Nj. BCTLEE-Perhaps may.
Mr. BAEKS-1ft the gentleman vtthdraW1 h{z motion
lay On the table, the House will hear him,
any length he may DESIRE
h1E. BUTLER-T an only looking 1t the public I
atne.s. I should like to discuss this report, and
o report Of the Credit Mobiier Committee. That !
u1nitteo has nothing to complain Ct. It haa had {
9 drst word should Ike to discuss 1t for week
an prepared to discuss it Is long - graas
d water runs. fIaughter.] Bat the stata Of public
ancss will not permit 1t. The Judiciary Commit
has come to conclusion = certain resolution =
erad to Il th at uudez TIA GIcuIp7suces. Il Ia uot