The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-06-12

a
carey, an official interpreter to the Cher
Okee Nation, the conduct of Mr.. BlOunt
in writing said letter being characterized
by the committee Of investigation in that
case as follows:
THE plan limited at in this extraordinary
letter to be executed under the auspices
Of the British IS so capable of different
construction and cOnJectures that your
committee at present fOrbear giving any
decided opinion respecting it, except that
TO MI BlOUntS own mind 1t appeared TO
be inconsistent with the interests Of the
United States and of Spain, and he was
therefore anxious to conceal il from both
But when they consider his attempts to
seduce Carey from his duty a faithful
Interpreter and TO employ him as an en-
CINE to ALLEVIATE the affections and conf
denCe of the Indians from the public Of
ficers of the United States residing among
them; the measures he has proposed to
excite a temper which must produce the
recall OF expulsion Of Our superintendent
from the Creek Nation; his insidiOus ad-
vice tending 20 the advancement of his
own popularity and consequence, at the
expense and hazard of the good opinion
which the Indians entertain of this gov
eminent and of the treaties subSisting
between US and them. your committee
have no doubt that Mr.. BlOunt's conduct
has been inconsistent with his public
duty. renders him unworthy of a further
continuance Of his present public trust in
this body, and amounts to a high misde-
meanOr.
The vote on the expulsion of Mr.. Blount
l.
ate election cases, Sd ed, PIP. 929-933-)
In the year 1907 John Smith, a senator
from the state Of Ohio, was accused Of be
ing associated with Aaron Burr in a con-
SpiraCy against the peace and prosperity
of the United States. In the report Of the
cOmmIttee-of which John Quincy Adams
was chairman-appOinted to investigate
the case the committee says:
In examining the question whether
these forms of judicial proceedings or the
rules Of judicial evidence ought to be ap-
piled to the exercise of that cenSor1al
authority which the senate of the United
States possesses over the conduct OF It's
members, let Us assume as the test Of
their application either the dictates of IN
fettered reason, the letter and spirit Of
the constitution, or precedents, domestic
or foreign. and your committee believe
that the result will be the san-e-that the
power of eXpelling a member must, IN
its nature, be discretionary. and in its eX-
erCiSe always more summary than the
tardy process Of judicial tribunals
The power Of eXpelling a member for
misconduct results on the principles OF
common sense, from The interest OF the
nation that the high trust of legislation
should be invested in pure hands When
the trust is elective il is not to be pre-
sUmed that the constituent body will com
nit the deposit to the keeping of worth
less characters But whcT a man whom
his feIiOW-CitizenS have hOnOrGd with their
confidence on the pledge of his SpOtleSS
reputation has degraded himself by com
mission of infamous crimes, which be
come suddenly and Unexpectedly revealed
to the world, defective indeed would be
that institution which should be impOtent
to discard from its bosom the cOutagiOn
of such a member, which should have no
remedy of ampUtatlOn to apply until the
poison had reached the heart
THE question upon the trial of a Grim
inaI cause before the courts of common
law is not between guilt and innocence,
but between guilt and the possibility of in
nOcence. If a doubt can possibly be raised
either by the ingenuity Of the party or Of
his counsel or by the operation of general
rules in their Unforeseen Application 10
particular cases. that doubt must be de
ciSive for aCqUittal, and the verdict OF
not guilty perhaps IN nine cases out OF
ten means no more than that the SuIlt
of the party has not been demonstrated in
the precise. specific and arrow forms
prescribed by Ia v The humane spirit Of
The laws multiDIieS the barriers for the
protection of innocence and freely admits
that these barriers may be abused Tor
the shelter of guilt It aVOws a strong
partiality favorable to the person upon
trial and aCknOwledg the preference that
ten guilty should escape rather than that
one innocent should suffer The interest
of the public that a particular crime
should be punished is but as one TO ten
compared with the interest of the party
that innocence should be spared. ACquit-
tai only restores the party to the common
rights Of every other citizen; it restores
him to no public trust, il invests him
with no public confidence. It substitutes
the sentence Of mercy for the doom Of
Justice and to the eyes of impartial Tea-
son in the great majority OF cases must
be considered rather as a pardon than
justification
but when a member of a legislative
body lies under the impUtation of aggra-
waited OffenSes and the determination
uDOn his cause can operate only to re
move him from a station of extensive
powers and important trust TINS dlSpfO-
norton between the interest of the pub
lie and the interest of the individual dis
appears if any diSDTOpOTJIOn exists II IS
OF an opposite kind. It is not better that
ten traitors should be members of this
senate than that one innocent man should
suffer expulsion. In either case, no doubt,
the evil would be great But in the for
mer it would strike at the vltaIs OF the
nations. in the latter 1t might though
deeply to be lamented, only be the ca
Iamity of an individual
The resolution reported by the said
committee declaring That John Smith,
a senator from the state of Ohio, by his
Darticipa tiOn in the conspiracy OF Aaron
Burr against the peace. union and hber-
ties Of the people of the United states,
has been guilty of conduct Incompatible
with his duty and station as n senator Of
the United States, and that he be there
fore and hereby IS, expelled from the
senate Of the United States received
nineteen affirmative votes and ten in the
negative. Senate election cases, Sd ed,
In 1852 Jesse D. Bright was expelled from
the senate for writing a letter to Jefter-
son Davis. president Of the cOnfedera-
ton of states in March, 1861, introducing
one Thomas B. Lincoln. who wished TO
disDose of an improvement in firearms
Some at least of the senators who voted
for Mr. Bright'S expulsion asserted IN eff
feet that they did not claim that MI
Bright had been guilty Of treason mis-
pTisiOn OF treason. or any other oftenSe
against the laws of this country. He was
deprived Of his seat in the senate because
II was believed that his desires and con-
duct were opposed to the welfare and in
terests Of the nation.
In the course of the debate upon the
question OF expeIling Mr. Bright Mr.
Sumner used the following language;
But the question may be
properly asked if this inquiry is to be
conducted as in court of justice, under
all the restrictions and technical rules of
judicial proceedings? Certainly not IN
der the constitution, the senate, in case
like che present. is the absolute judge.
free to exercise its power according TO Its
own enlightened discretion 1t may justly
declare a senator unworthy Of a seat III
this BODY on evidence defective in form,
or on evidence even which does not con
stitute positive crime 1t IS OBJ
vious that the senate may act on any
evidence which shall be satisfactory to
chou that one of its mem eTS IS I'M