The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-03-03

IGki VI wa 40 bet ettaSsfASI@NS .. "sNl
the true exponent Of corruption, extrav-
agancc that has cursed this land for years
past. That being my own own reflection
| will discharge my duty best to myself
and TO this House by demanding the pre-
vious question.
Mr.. kassOn appealed to Mr.. Clymer to
give an opportunity for some suggestions
10 be made, before asking the previous
question on matter Of so grave i'm
portance.
Mr.. CIymer regretted that he could not
oblige his friend.
Several Democratic MEMBERSHIPS, yes.
And for the reason that his colleagues
on the committee desired to be heard,
after the previous question was seconded.
Mr.. Kasson-Allow me to say that
there will not be the slightest opposition
to their being all heard.
Mr.. Clymer-I decline TO yield and de-
mand the previous question.
Mr.. Kasson-Does the gentleman ex-
pect the House tonight, after s o'clock
and without this report being printed, to
vote on these resolutions, when even the
impeachibility Of the officer at present is
n question to be considered by the House.
Mr. Clymer-Aitcr the previous ques-
tion has been ordered, / will yield half
the hour to members Of the committee
who are on the other side OF the House.
After some further discussion, the pre-.
vions question was seconded, and Mr..
Clymer yielded the floor to his colleague
on the committee, Mr.. Robbins.
Mr.. Robbins pleaded his mental and
physical exhaustion from his continued
service on the committee as a reason why
he should not address the House at any
length. He spoke Of the report rs pre-
senting a case OF great shame and dis
grace TO all American citizens. As to
the question OF the impeachability Of an
officer who had resigned lie was not pre-
pared to speak worthily, except to sug-
gcst that lie could not believe that an
officer who was being investigated and
who had been found by evidence TO be a
criminal could flee from justice. He al
luded TO what he called the unseemly ac-
ceptance Of Secretary Belknap's resigna-
ton, and referred 10 the English cases OF
Warren Hastings and Lord Francis Ba-
con, both Of whom had been impeached
after they had ceased TO hold the offices
in which they committed the crimes and
misdemeanors.
MIR. Bass-Another member ofthe COM
mittec questioned the statement Of the
chairman Mr.. Clymer)as to this case hay-
ing no parallel, and said that he would
not have to leave his own borders in Or
der TO find not only parallel for it; but
that he could find cases compared with
which this case was as white rs the driven
snow. He admitted that the statement
of this case as presented by the testimony
was sufficient to Justify every member to
vote for the resolution presented.
Mr.. Lamar inquired OF Mr.. Bass his
opinion as to the impeachability Of a re-
signed officer.
Mr. Bass replied that the English au-
thorities seemed to maintain the jurisdic.
ton of Impeachment in such cases, but
that in this country it was an unadjudi-
Gated question, and one that was not free
from doubt, but his own best judgment
was in favor OF the right to impeach and
to let the question be adjudicated by the
Senate.
Mr.. IIoar, OF Mass, in reference to the
casual remarks Of some OF the members
as to this being political question,entire
" disclaimed and rcpudiated such an
idea. On the point ofimpeachibility Of any
person not in office. He referred to the
case Of Whitemore, OF South Carolina, in
which the House had determined that a
formal actual resignation Of an officer
Terminated with his office, and that any
American citizen could lay down an off.
ce held by him without any acceptance OF
his resignation. Judge Story had laid
down the doctrine that il could not
be done in England, but there
any citizen could be impeached, and
therefore the English cases OF Warren
Hastings and Lord Bacon did not apply.
In America no man could be impeached
but a civil officer, and when he ceased to
be civil officer he ceased to be within the
description Of the Constitution. In this
country, the only judgment that could be
rendered in an impeachment case was re-
moyal from office and future disqualiiica-
tion from holding Offices, but by. the stat
utes person guilty OF otlenscs could be
indicted, tried and sentenced by the COM
mon courts Of the country.
He protested against hot haste in this
matter without having the testimony
printed. He thought such haste unwor.
thy OF this grave question, and il he stood
alone he would still stand here TO say so.
Mr.. Blackburn, another member Of
the committee, expressed his satisfaction
that the report which had been read by
his colleague (Clymer) showed to the
world that nothing had been left undone
by the Committee 10 shield and shelter
from dishonor every person except the
one whom twas the duty OF the commit
tee to investigate and report,upon.
Mr.. Clymcr, after submitting the unan-
imous report Of the committee, read the
following testimony and accompaniments;
Tuesday, February 90, 1876. Commit.
tee met at 1890 A. NJ. Present: Messrs
Clymer, Blackburn and Robbins. Caleb
Marsh, one OF the witnesses ordered to
be subpgnaed by the committee, being
present, was duly sworn according to law
Question by the chairmun-Where dc
you reside?
Answer-I reside at No. 80 West Fifty.
seventh street, New York; have resided
in New York about eight years.
Question by the chairman-Were you
or we're you not appointed or rendered an
appointment as post trader at Fort Sill
Indian Territory, in the fall Of 1870 by
the Secretary OF War? II SO, under what
circumstances was said appointment Sc.
cured to you? State also whether you
we're commissioned by the Secretary as
post trader, or, II not, who was so com.
missioned, and, II any other person than
yourself was SO commissioned, give his
name and the reasons why he was com.
missioned. II any agreement was made
between you and the appointee, state IL
or produce it, If in writing, and state
whether such agreement was with the
knowledge Of the Secretary Of War and
the circumstances connected with the
making Of that agreement, and all the
transactions in detail Hereunder, as fully
and particularly as II you were specially
interrogated in regard to the several
transactions, and so fully as to save the
necessity for repeated interrogatories.