The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-02
Would Congress BE Less Resolute
Than the President?

Aselect committee OF the Forty-second
House defined in two dozen words of it's
report on the Credit Mobilier investiga-
ton the whole duty of Congress jealous
ef fts honor:
In Q free gov---:lnent like ours cannot ex-
pect the people will long respect the laws II they
lose respect for the lawmakers"
congressman are not subject to i'm
parchment, but under the Constitution Of
the United States they may be expelled
by a two-thirds vote. The reason for
this provision is obvious. 1t has been
= stated many times, but perhaps never
more briefly and directly than by JOHN
QUINCY ADAMS in his report OF 1907 on
the case of JOHN SMITH of Ohio:
Tho power Of expellng = member for mlscon-
duct results. on the principles Of common sense.
from the interests OF the nation that the high trust
OF legislation shall be invested In pure hands.
The circumstance that the offence re-
quiring punishment was committed dur
ing previous term, and that an election
had interviewed before exposure and in
vestigation, had sometimes been held to
be a bar to the exercise of the Consti-
tutional power to expel with the concur
renee Of two-thirds of the House or Sem
ate, as the case maybe Judge POLAND
committee reported in 1878:
Suppose the offence has been committed PRIOR
to his election but comes light Afterwards Is the
effect upon his own character, or the reproach and
Disgrace upon the body, they allow him 20 remain
. member. any the lessf We can see no difference
In tho two cases. and to attempt any would be to
create purely technical and arbitrary distinction.
having no Just foundation. In our judgment time
isa not at all material except II be coupled with the
further fact that he was reelected with knowledge
on the part of his constituents Of what he had been
guilty and in such event we have given our views
oS tho effect. II to absurd to say that an
election has given political absolutlon for an
offence which was unknown to his constituents
Nor do We imagine that the people OF the
United States will charge their servants with In
vadng thei principles when they confne themselves
to the preservation Of standard OF ocia Integrity
which the common Instincts OF humanity recognize
a. essential to all social order and good govern
ment."
II, therefore, it should become evident
to the House Of Representatives in the
Fifty-eighth Congress that member
of that body who was previously a men,
Der of the Fifty-fifth Congress had dur
ing the war with Spain procured and in
directly held interest in Government con-
tracts to the amount Of half million
dollars or 30 and to the great profit of his
own pocket, In violation Of the law and in
violation Of his oath to obey the law,
would the Fifty-eighth Congress hesitate
to do its duty according to the principles
laid down In the Poland report, in JOHN
QUINCY ADAMss report to the Senate,
and In many similar dsiiverances by emf
nent and upright legislators
Would the Republican Congress be
less resolute in fixing guilt and Furnishing
II without fear or favor than the Repub-
lican President proposes to be in the case
OF postal irregularities and frauds even
when they concern the administration
Of the department during the time Of his
predecessor, President MCKINLEY
Or, in the possible event that the House
OF Representatives may prove less reso-
lutte than himself, will MIR. ROOSEVELT
hesitate to direct the Attorney-Gen-
eral to ascertain promptly whether the
alleged offence escapes prosecution
through the statute Of limitations?