The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-24

trainers Of the constitution, II they had
foresean the Roberts incident with its
defiance OF the constitution and the law
and it's denial Of Its validity and suprem-
acy as to him, would have said Brigham
II. Roberts is eligible and must be seated
II elected. say that no such provision
could have been adopted and II II could
not. 1t can not be implied.
Much is said about the moral aspect
Of this question. Doubtless IL has such
side, and II that were the only considera-
ton before us the house might take the
same action II viii take But don't here
and now IN face of the great fundamental
act OF the disobedlenoe to law, plus auda-
cious defiance Of II, care to assert the
moral ground.
.Mr. Speaker. do not hesitate to sub
NIT this proposition to candid Judgment
OF this house and before the bar OF history.
am profoundly convinced that 1t Is right
and that history VIII SO declare III the
house can no more safely part with this
power than it can part with any other
power 1t possesses. This touches its very
vitality. II It loses II, It is in certain con-
ceiyable instances absolutely without
power. But we are told that 1t Is power
that may be abused. What power does
The house possess that 1t has not at some
time abused? What branch OF tbs govern
ment Is IL that. having power, has not al
body OF men. clothed with a brief au-
thority has been free from an unwise
abuse OF that authority And shall they
therefore be shorn OF power? II is a mighty
question, II Is question OF governmental
life II Is not TO be lightly dealt with or
inconsiderately answered. The case OF
Roberts sinks into inslgnihcance In its
prestnce. should assert what | here as
sert, with precisely the same solennity II
the right OF expulsion after admission was
absolutely clear. II we do not exclude
this man, we strike down one of the most
Vital and necessary powers that belong
10 a great legislative body. Let not such
a thing be done. II It is not. we may be
sure that never again, while the spirit Of
civilization dominates This Republic. viii
any defiant vioator OF law under color or
relation or any other claim. whether
polygamist or murderer, knock for admis-
sion at the door OF the American con-
gress."
Mr.. Taylor was emphatic in his asser-
tions that exclusion was In harmony with
precedent; expulsion in violation OF II.
lie amplifed the three grounds for Mr..
Roberts exclusion; first, because Of his
violation OF the Edmunds act; second. be-
cause he was living in open. fragrant and
notorious violation OF the statutes OF the
congress he seeks to enter; and third, be-
cause his election was violation Of the
the Union. There were no dsmonstra-
lions throughout Mr.. Taylor's speech. but
At tht conclusion be was vigorously APP
plauded.
Mr.. Littleaed tMalnel, on behalf OF the
minority OF tho committee, then arose In
support Of the minority plan OF seating and
then expelling Mr.. Roberts. Mr.. Little
field stalwart and tall, made a deep Inn
preston upon the house IN bis maiden
speech. He recounted At the outset the
integrity honesty and ability OF the ma
lority Of tho committee, but he could not
concede IT'S Judgment The only issue be-
tween the majority aud minority was as
to whether Roberts should be excluded or
expelled The constitutional uuallhcB-
tiohs ages and inha'otancy. MIR. Little
fiCld argued. could not be added to. II
they could, and the house now excluded a
member because he was guilty OF polyg-
smous practices. next year It might eX-
clude for adultery or because member
was an attorney for trust, or an octopus
or for any other reason. The right OF a
member 10 his seat was a constitutional
right. He took ISSUE With the majority
as to the power of the house to expel a
member for acts committed before his en-
trance into the house. citing case after
case IN support of his contention. First
he went back TO the case Of John wilkes,
the famous English champion of free
twice expelled from the house OF commons,
tbs second time for an act for which he
had been sent to prison Ave years before.
He quotes from Junius' letters the denun-
ciation OF the "damnable doctrine that a
single house OF parliament could alter,
suspend or abrogate the law OF the land"
Fe went back to the constitutional debates
10 prove that congress could not add to
the qualifications Of members. After de-
plotting the conditions that surrounded the
framing OF this provision OF the constitu-
ton aud quoting the words OF Madison,
Hamilton and Jefferson he asked tr!um-
phantly who there was who could shatter
the crucible OF history which surrounded
II or declaration OF the men who framed
81. who would undertake TO impeach the
integrity OF the men who were present at
the dawn OF our history?
Some OF the presidents cited by MIR.
Taylor were ridiculed by Mr.. Littleneld.
lie also challenged Mr.. Taylor's authori-
ties. Mr.. Lttleheld said that the majority
were driven back TO support their conten-
ton for additional qualifications upon the
general welfare clause OF the constitution.
He won the first burst OF applause while
rtdicuing the attempt OF the majority to
dispose OF Justice Storey's opinion, stating
that he had not sought to give his own
ideas. but only the ideas OF others. They
would make him the BOSWELL of the con-
ettution. tGrsat lhughier.) Mr.. Little
Held said the minority stood with Burke,
the statesmen OF the Eighteenth century,
With John Furson. Madison, Hamilton.
Governor Norris and the men who framed
the constitution, with the decision OF the
courts OF Maryland, Montana and Virginia,
with the opinions OF Storey. Cooley. John
Randolph Tucker and Webster He then
chailenged Mr.. Taylor's statement that
DO precedent existed against exclusion.
citing the case OF Benjamin Stark In the
senate in 1862. who was charged with dis
loyalty, yet who was seated by the senate
without prejudice to subsequent citation
against him. The majority he pointed
out, had cited this case, but had not in
formed the house OF this fact.
believe" said Mr.. Littleheld, con-
Guiding his comment on this particular
case that Mr.. Roberts has full consti-
tutional right to seat in this house,
The applause which swept over the floor