The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-02-25
CONGRESS.
HOUSE.

| Mr.. Holman denied the charge by Dir.
Sargent that he fEored the bill TO reopen
the old war claims of 1879. He strongly
opposed the bill.
On motion oil Mr.. McCreary resolu-
ton was adopted TO pay 81 500 to Mr..
Scott for expenses In contesling the seat
from the 4th district Of Louisiana.
Mr.. Bole's reported back the Senate
bill TO confirm the sale OF the Shawnee
Indian lands In Kansas.
The Speaker presented message IRON
the President urging legislation TO bring
into operation the articles OF the treaty
of Washington ol May !, 1871, In relation
to fisheries and other matters touching
the relations Of the United States with
the British possessions in North America.
MIR. Banks, Chairman Of the Committee
on foreign affairs, asked 10 have the mes.
sage debated now, and the fishery bill
taken up; Mr.. Sawyer, who has charge
OF the River and Hsrbor Appropriation
bin declined to yield and insisted on go
Ing on with that bill. The House then
proceeded with the River and Harbor
Appropriation bill Ami item Of $50 900
was inserted for the Harbor at Washing
ton and Georgetown, D. G.; an item OF
$25 900 was inserted for the Great Kama
wha river, of West Virginia, an item for
the Illinois river was increased from $780,
600 10 100000. Mr.. Butler Of Massachu.
sets, interrupted the consideration OF the
bill, and as question Of privilege, pre-
senied the report Of the judiciary Com
mittee on the matter OF impeachment
arising out of the report Of the Credit
Mobilier Committee.
The Clerk proceeded to read the report
in full. The only two impeachable ofl.
Gers involved in the matter, the report
says arc the Vice President Of the United
States and James Brooks, in the capacity
Of government directors OF the Union Pa.
cifc Railroad Company, the latter having
long since ceased 10 be such officer, the
case against him had been considered no
further. The report then cites the facts
and circumstances IN the case, Collax as.
suming the facts az alleged to be proved.
Several questions Of law presented them
selves 10 the committee, among them
whether an officer can be impeached ex-
cept for acts done or alleged to be done
while in office. Tho committee had not
been able to find any instance Of impeach.
ment where the accusation was not in re.
lstion 10 an act alleged 10 be done while
an officer was in Office. 1t had always
been considered material that the articles
should allege In substance, that being
such an officer and while in exercise Of
duties Of office the accused committed
acts of alleged inculpation. 1tappeared
evident 10 the Committee that proceed
ings oi impeachment were intended, by
the Constitution, to be wholly remedial
and not preventive, except 80 lar as pen.
alty Of deprivation Of office, and remedial
proceedings of impeachment should only
be applied TO high crimes and misde-
mesnors committed in office, and which
effects the officer in the discharge Of his
duty as such, whatever might be the ef.
feet of these acts on the officer as a man.
Proceedings OF impeachment touched the
office only and qualification for office and
not tho man himself The report CRITICS
ed the view enunciated by the Po.
land Committee, drawing IN anal
ogy between the proceedings Of i'm
peachment and that Of expulsion, and
asserts that no authority can be
found for such doctrine, and an expelled
member may be reelected, but an
impeaChcd officer can never be restored
to office, but even the power ol expulsion
for an act committed before the election
OF member was not within the constitu.
tional power Of the House; less still
could an officer be impeached for some.
thing done by him before he was in Office.
The English case oil John Wilkes, cited
by the Credit Mobilier Committee as au-
thority for the proposition that member
could be expelled for acts done before he
was q member, could not properly be
cited for that purpose, for ii anything
was settled on Wilkes case It was that
such act Of expulsion was contrary to the
liberties Of the Commons Of England, and
the offensive record was afterwards ex-
plunged from the Journal OF the House
OF Commons. Besides, several acts for
which he was expelled were done after the
election TO that same session Of Parlia-
ment The case Of o. B. Matteson, OF
New York, cited by the Credit Mobilier
in the same connection, furnished no pre-.
eCdcnt whatever, because the resolution
OF expulsion for acts done by him in the
preceding Congress had been laid on the
liable. The committee Is Of the opinion,
therefore, that the right Of representation
is the right oil constituents, not Of Repre-.
seulaliyrs, and so long as he did nothing
disorderly, or which rendered him unfit
10 be in the House, the House had
no legal right or legal constitutional
Jurisdiction or power to expel. The com.
mitteo argues, therefore, that both the
lmpeaching power and the power OF ex-
pulsiOn isremedial only, and not prema-
lure, and comes TO the conclusion that so
far MS receiving and holding an interest in
the Credit MObilier stock is concerned,
there is nothing In the testimony submit
ted which would warrant the impeach-
mcnt Of the Vice President. The com.
millgc, therefore, asks 10 be discharged
from further consideration ot the subject.
The report assigned by all the members
OF the committee, except Messrs. Potter,
Wilson, Of Ind, and Goodrich, all oil
whom, however, concur in the recon-
mcndalion that the committee be dis
charged.
Mr.. Potter presented a minority report,
which was also read. He does not ad-
init the correctness oil the Committee In
finding that man cannot be impeached
or expelled for acts done before he was
In office. He regards the question as un.
settled and doubtful, but concludes, that
under the existing circumstances, where
impeachment could not be followed by
trial, the decision Of the House in sup
port OF the power to impeach or expel
would only be the determination Of an
abstract question. de did not feel SC
justified in holding that Congress had
, power Of impeachment as TO make him
Iccl willing 10 recommend Impeachment
AT the time when an impeachment could
not be tried. He thoug ght the matter
could now only be left TO the public