The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-21
Political Cowardiee in the House.


(From the New York SUM
| 1t is surprising that there has bees. so
little courage manifested in dealing with
the Roberts case in Congress- The fact
that polygamy is immoral and criminal is
no reason why the commands of the Con-
stitution should be disregarded in decid-
ing whether a person possesses the quail
/ ficatiOns prescribed by that instrument for
admission to membership in the House of
Representatives. The popular outcry
against Mormonism, however. seems to
have eowed men Of both parties in Con
greSs; and few can be found who are man
iy enough in this matter to stand by the
Constitution In spite Of elamor.
The question is very simple The Con-
stitution prescribes three qualifications for
Representative in Congress. They re-
late to citizenship. age. and inhabitaney.
A person possessing these qualifications,
who has been duly elected a Representa-
tive is entitled to admission to the House.
No act Of Congress can add to the require
ments imposed By the Constitution. This
is the opinion Of the most eminent consti-
tutional lawyers who have ever considered
the subject. But even if it be conceded
that some new qualification could be re-
quired by Federal legislation, it cannot be
shown that Congress has enacted any
statute authorizing the exclusion of Mr..
Roberts. The law that his opponents rely
upon forbids a polygamist from holding
any office under the United States The
position OF a Representative in Congress is
not such an Office. This was decided by
necessary implication a century ago when
the United States Senate. sitting as a court
OF impeachment, acquitted Senator BlOunt
on the ground that Senator in Congress
was not q civil officer of the United States
within the meaning Of the Constitution.
The House of Representatives has the
physical power to exclude a person Gu
titled to admission just as jury may have
the physical power to acquit prisoner who
ought to be convicted. In neither case s
there any very immediate or effective way
OF righting the wrong done to the public
hut the lack of a remedy is no reason why
the improper acts should not be charae-
terized as they deserve Congress uudues-
tiOnably possesses the right as well as TIE
power to eXpel a polygamist who has been
duly elected and admitted to his seat: but
it cannot deny him admission in the first
instance. solely because of his polygamy
without violating the Constitution Of the
United States
Mr. TayIer's special committee. hoxcvsr
appears to have resolved to advise the
House not to let Mr. Roberts in at all.
Two members of the committee voted
Utah Represeutative-David A. De Almond
Of Missouri and Charles E. Littlefield OF
Maine-and these men are deserving Of ali
honor for their courageous action under the
influence of so much moral cowardice.
MIR. De Almond is a we'll known Demo-
crat who has represented the Sixth district
OF Missouri in Congress for eight years
and is beginning his fifth term OF serviee
He is a man OF trained legal ability. having
been Circuit Judge and Supreme Court
Commissioner in his own State Mr.. Lit
tlefield. on the other hand, is a Republican
new to Congressional life, having been
elected in the Second district of Maine in
June last to succeed the late Nelson Ding
ley. He held the Office OF Attorney Gen
eral OF Maine. however. for four years.
ending in 1898; so that he is a lawyer Of
experience and high standing. whose
opinion on n question Of constitutional law
cannot be whistled down the wind
We are glad that these two men of cour-
age are on the committee. Would there
were more like them in Congress. The
particular trouble in this case isl that the
cowardice shown in it goes to the discredir
OF the Republican party.