Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-06-16

expulsion asserted IN effect that they
lid not claim that Mr.. Bright had been
guilty OF treason. msprlson Of treason,
or any other Offense against the laws
~ this country He was deprived Of
his seat In the senate because II was
believed that his desires and conduct
were opposed TO the welfare and inter-
ests Of the nation.
In the course OF the debate upon the
question Of eXpelling Mr. Bright Mr..
Sumner used the following language
o.. But the question may be prop
erly asked n this inquiry Is to be con-
Quoted as In a court OF justice. under
an the Tsstrictiorls and technical rules
Of judicial proceedings? Clearly not.
Under the Constitution, the senate. IN
case like the present. Is the absolute
Judge, free 90 exercise its power ac-
cordlng TO It's own enlightened discre'
ton II may Justly declare a senator
unworthy Of seat IN this body on evil
denCe defective in form. or on evidence
even which does not constitute positive
crime. II is obvious that the sem
ate may act on any evidence which
shall be satisfactory to show that one
OF SIS members Is unworthy Of his seat
withou; bringing II to the test Of any
rules of law. II IA true that the good
name Of the individual Is In question;
but 30 also Is the good name OF the
senate. not forgetting also the welfare
OF the country; and n there are gener.
Gus Prescriptions Of personal inno-
cence 80 also are there irresistible IN
stincts OF self-defense which compel
US 10 act vigorously, not only 10 pre-
serve the good name Of the senate, but
also 10 preserve the country Con
gressional Globe. End sess., 9th Cong.
pt. I, PIP. Az, 49, ilD
In the same debate Mr. Davis. Of
Kentucky. said
&C.,. But what is the law? We are
not Sitting as a court trying the hon
oratle senator There are some gem
temen. able men. very abe men, men
Of enlarged patriotism,of eminent pub
Tic and private virtue that have pur-
sued the profession OF the law so long
either as practitioners. counseors aud
solicitors, or as judges, that their minds
have become too contracted for eu-
larged craftsmanship and the great
principles Of policy and moral justice,
upon which governments ought 10 be
administered. and upon which alone
they can be wisely administered. They
have dwaned their minds TO such an
extent that they can not reason upon
the expansive principle and sentiment
and consideration that ought to guide
and control the largest and wisest
craftsmanship
There is no law which defines any
particular class Of ofenses that shall
be sufficient 10 expel a senator from his
seat. The common law does not There
Is no statute law that does. There are
mo- rules Of evidence establishing tech
nical rules Of testimony that are 10
guide and control and govern this body
On getting It's lights and reaching its
conclusions when q senator Is thus on
TRIAL The general rule and principle
% law and of reason and common
sense Is that whatever disauallfies a
member Of the senate from the proper
discharge n his duties. whatever il
may be. is suiiiCiel.t and ought TO be
held sufficient. for his expulsion, and
whatever evidence satisfies the mind
reasonably and according To moral GER
idlnty ana truth OF the existence OF
that cause Is sufficient evidence with
out resorting "a the technical rules Of
testimony upon which 10 convict him.
That Is the law ~ this country. II
Is the law Of England. II is the law
NJ parliament | viii read from sto-
rvs Commentaries on the Constitution
section S36. short paragraph:
In July 1891 William Blount
Was expelled from the senate for
high misdemeanor entirely inconsistent
with his public trust and duty as a
senator, The ofrense charged against
him was an attempt to seduce an
American agent among the Indians
from his duty and to ALLEVIATE the az
fections and confidence Of the Indians
from the public authorities OF the
United States and negotiation for
services IN behalf Of the British gov
eminent among the Indians. II was
not a statutahle Offense nor was Il
committed in his official character: nor
was IL committed during the session Of
Congress, nor al the seat OF govern
ment. Yet. by an almost unanimous
vote 90 yeas 10 l nay) he was expelled
from that body and he was afterwards
impeached (as has already been stated
for this, among other charges II
seems. therefore. TO be settled by the
senate, upon fun deliheration. that ex-
pulsion may be for any misdemeanor
which. though not punished by any
statute. Is inconsistent with the trust
and duty of a senator
There is the tombstone. Any con-
duet. any opinions. any line n action
as n senator which Is Inconsistent with
the duty Of a senator. Is a sufficient
cause for his expulsion and ought 10
be the rule Of reason and ~ common
sense. The principle deduced from
the authorities Is this. There il no
common law, no statutory law. there
Is no parliamentary law that binds the
senate 10 any particular definition Of
crime or offense in acting iu this or
any other case NJ the Kind. on the
contrary as these authorities establish
10 Is matter coming Within the dis
erection of the tribunal trying the sens-
tor Congressional Globe. 2ud sess.
3-th Cong. pt. T. pp i3L 1850
IN the progress Of the debate Mr..
McDougan said.
&C.. II Is no question Of Jaw. We
have not asked whether the senator
from Indiana is guilty or not guilty.
We have 90 judge him IN our best
judgment. ana by thnt We Try him;
and We say yea or nay. as We think.
whether he be- a true man or not 10 sit
in the federal councils 20 conduct the
AFFAIRS NJ the United States" CON
gresslonal Globe. 2nd sess. S5th Cong,
3d. J. o. $50
To the same effect were the remarks
made bon the course Of the same debate
by SIR Lane. MI Howe Mr.. Johnson,
and Mr. Browning. Congressional
Globe End sess. 37th Cong, pt. l, ~.
az. AS $50. js4. 623 69l)
IN the year 1867 Philip +. Thomas
was denied a seat IN the senate Of the
United States. to which he had been
duly elected, for the reason that he
had resigned his seat IN the cabinet %
President Buchanan on account of his
disagreement with the policy OF the
president In endeayoring TO relieve the
garrison OF the forts IN Charleston har-
Dor. and also because Mr. Thomas had
given 20 his son, Nh0 was about 10 en-