The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-25

Another Scene In the Investigation
Farce at Washington-A CLEAN Of
Light In tho Senate.
The curtain rose and fell yesterday upon
another scene Of the investigation farce now
being played at the Theatre Comique at WASH
ington, generally known as the House OF Rep
resentatves of the United States. The Ju-
dietary Committee A. Bingham, chair
man-having examined the testimony taken
before Judge Poland's committee, reported
that they could find therein no ground for
the impeachment of any officer of the United
States government, and asked to be dis
| charged from further consideration of the
subject The committee arrive at this con-
clusion by road directly opposite to that
travelled by Judge Poland and his associates.
Their legal lore teaches them that public
officer cannot be impeached except for acts
done or alleged to be done during
his existing term of Office. They find
that the only persons who could be held
liable to impeachment in the Credit Mobilier
James Brooks in his capacity of government
director of the Union Pacific Railroad but
the acts of the former were committed before
he was Vice President, and the latter has long
since ceased to fill the trust he is alleged to
have betrayed Both, therefore, are held to be
beyond the authority of Congress. The
report does not, however, limit itself to the
question of jurisdiction, but declares that SO
far as receiving and holding an interest in
Credit Mobilier stock is concerned, there is
nothing in the testimony submitted which
would warrant the impeachment Of the Vice
President. It also travels outside the precise
! duty assigned to the committee, and contro-
verts the views expressed by the Poland
whitewashers as to the right of the
House to expel a member for acts
done in o previous Congress. The Judiciary
Committee thus take issue on every point with
the Investigating Committee and prepare the
way for that confusion and dissension in the
debate of to-day which has been relied upon
to carry the whole batch of corruptionists
safely through tho dangers in which they have
been involved.
If this report had proceeded directly from
the tainted Chairman of the Judiciary Com
mittee, Judge Bingham, it might not have ex-
cited surprise. The owner of twenty shares of
the swindling Credit Mobilier stock, the recip-
lent of the ten or twelve thousand dollars in
dividends, partly cash and partly Union Pa
cifc bonds, might well be excused for an effort
to shield from punishment his partners in
guilt, who could not be brought to justice with
out drawing down penalty on his own head.
But this plea of the statute of limitations on
behalf of the bribers the bribe-takers and the
perjurers of Congress, comes from the
hands of General Butler, who, de-
spite the malicious attempts to drag
his name into the Credit Mobilier in
fanny, has been generally looked upon as
representative who would not shrink from his
duty, and who could not be induced to betray
the cause Of the people by any considerations
of party expediency or personal obligations.
Fathered by him, the report will be received
by the country with establishment and dis
appointment If its reasoning with regard to
the power of impeachment and expulsion be
correct then the provisions of the constitu-
ton afford but little safety to the country.
Let us suppose that during the Southern re-
bellion the President or Vice President of the
United States should have been found to have
been adhering to the enemies of his country, !
giving them aid and comfort, prior to his
election. Will General Butler argue that he
could not have been impeached, because
the act of treason was committed prior to
the commencement of his term of Office?
When men like the canting Caldwell and the
pious Pomeroy buy their way into the United
States Senate by bribery and corruption the
act is committed before their term of Office
commences, and under General Buffers rule
they could not in consequence be expelled for
it. The punishment for such high crimes and
misdemeanors as warrant the impeachment of
a civil officer is, by the constitution, removal
from Office ''and disqualification to hold and
enjoy any Office of honor, trust or profit under
the United States" If Colfax, as Speaker of
the House of Representatives, was bribed
when he received Credit Mobilier shares from
Cakes Ames and drew their enormous
dividends, or when he accepted a sal
airy from government contractor, then by
the law based on the constitution he is dis
qualified from holding and enjoying the Office
of Vice President Of the United States. But
this penalty cannot be enforced if he is now
exempt from impeachment and the law
becomes nullity and farce. So with the
power of expulsion. Each. house is the
supreme judge of the qualifications of its
members, and has the uncontrolled right by q
two-third vote to expel member. 1t is said
that this power should not be exercised arbi-
trarily or strained beyond its constitutional
limits, and General Butler argues that the
rights of constituency would be violated
should member be expelled for an act COM
mjtted prior to the time they elected him to