New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-03-24
CIV DUKES BE EXPELLED

murderer of Mutt, agltates lilo i0''
House. In tho preliminary DISCUSSIONS upon
the subject the most intense feeling mas oee"
displayed against this man, as there naS ooo"
wherever his baseness has become kho"h'
THE TRInUNE has not fed depraved curiosity
with the details of this case. 1t Is sufficient 10
sav that his letters to Captain Mutt attacking
the character OF his daughter, TO wholh Juno
had been engaged to be married, nrahu hiih do
cowardly monster. The subsequent mutuer
of Mutt by Dukes seems almosta 'ehiai ono"0'
in comparison with these letters.
Rut Dukes has been tried for the murder, anu
through packed jury acquitted. IL wounu 70
contrary TO legislative precedent Tor the renh-
svlvania House 10 expel him for that crime.
Tn. mower of expulsion is so rarely exercised
that precedents are not common, but the uni
form rule has been, apparently, that legisla-
tive body would take cOgnizance OF an ohehce
committed by q member not touching the nonoi
or dignity of the body only when there hau
been conviction of felony in the courts. dukes
cannot under this rule be expelled Tor the muir
der for which he has been declared innocent ny
the courts Nor, If the rule Is 10 DC strlcty
adhered TO. can he DO expelled for writing the
dastardly letters until there has been Judlciai
iYo,,iry. if any good ground exists for one,
and be has peen convicted of a crime. 1t
seems doubtful whether the writing OF
tbese lett.rs constitutes one The House
onnarepty proposes to try the case of the
Iett.rs itself: which would be curious in
rovation on legislative practices. In
the heated discussions in some OF the papers
and in the body into which this extraordinary
| man intends, it is said, to thrust himself, the
| distinctions between the responsiveness
| of member of legislative assembly
| as a member and as citizen does not
seem always to have been kept IN view
a member could I've expelled for striking
another on the floor of the House, but would
not probably be expelled for homicide
committed outside. if the courts failed to con-
vict him. Clarkson N. Potter stated this view
baldlv when he said in the XLlIld Congress,
during debate on the Maxwell Cannon con-
test. in which the question was raised whether
Cannon should not he excluded from his seat on
tbe ground that he was living in violation OF
the law against polygamy A constituency OF
thieves may send man here who IL timer,
- hut until he has been tried and convicted rs
such, knew of no constitutional power IN tne
. House to exclude him from the seat to which
he Is elected"
LEGISLATIVE bodies have often exercised self
restraint in dealing with members whose con-
| duct had been such as to forfeit the esteem OF
| their fellow men but had not seemed To bring
them within the rule of expulsion. There have
| been some notable instances of this III Con-
gress. Benjamin G.. Harris, of Maryland, mem
| her of the XXXIXth Congress, was convicted
| in 1865 by a military commission OF violating
| the Rfty-sixth article OF war, III harDoring ana
nto,ecting rebel soldiers, melting them tc con-
,inue in the rebel army, etc. lie was sentenced
10 be forever disqualified from holding Office
| under ia. United States and TO imprisonment
| for three wears The sentence RENTED 10y
| President johnson, and in December, 1865,
| Harris took the iron clad oath and WAS adj
mitted TO his seat in tho House. Soon after
resolution WAS offered reciting his conviction
and the fact that he had expressed his regret
| that the assassination OF President Lincoln
| came too late to be of any use to the rebels ana
! calling upon the Elections Committee for an
| investigations The resolution was adopted,
| but the Committee never made any report ana
| no action was taken by the House. An earlier
case is somewhat like that of Dukes. In May,
| 1896. Mr. KnOwton introduced resolution In
| the House referring to tho killing OF Thomas
| Heating mt Wizards Hotel by Representative
Herbert. from California and instrnctlng the
Judiciary Committee to report upon the matter
| There had been no trial and the House refused 10
entertain the proposition. At the third session
petition was received from 2,232 citizens oil
| california declaring their belief that, IN the
murder of Keatlng Herbert had committed an
act entirely without Justification had dis
craccd his high position, and could no longer
satisfactorily represent tho will of his consltu-
ents in the House; and asking that in theeycnt
Of his acquittal by the court he should he eX-
PEELED. This was reported from the Committee
! ON Elections 10y Mr.. Colfax without recon-
incubation. The House took no action and
Herbert continued member until the close of
the Congress.
b. +. Whittemore resigned from the
Uouse In 1870 to avoid expulsion for SELL
inc cadetships. and was reelected to the same
House which refused to admit him but WILL
lam NJ. Tweed, who did not dare after his last
election to the State Senate to take his seat III
the face of the Ring disclosures was not ex-
pelled the charges not having been proved IN
court. John Morrisseys eligibility to n
seat in the New-York Senate was never
questioned though he was known to be
the proprietor of gambling house
The expulsion of Dukes, considered merely
"a personal episode, would be IA relief to the
body and credit 10 the State; and the House,
being supreme in its own sphere, has the power
TO expe him. But the rights of constituencies
are involved in such precedeDts, and the Penn
svlvania REPRESENTATIVES will do well to mako
haste slowly.