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

AutnufilA Oh the Ntiiutf anu Noi"' VI
The Investigation.
Before proceeding 20 an examina-
ton of the protest and answer, and
the testimony taken by the commit
tee. It may be well to examine, briefly
the authority Of the senate To- the
premises and the nature and scope OF
| the investigation.
The Constitution prlyides Cart !,
sec. V. par. - that Each house shall
be the Judge OF the elections returns
| and qualifications Of It's own meu-
bers" Il IL now well established by
| the decisions Of the senate IN NUM-
| Der Of cases that Ga order 10 be NJ
representative OF a sovereign state oI
| the Union IN the senate Of the United
| states one must be iu all respects obe-
| dent 90 the Constitution and laws OF
| the United States and Of the state from
which he comes, and must also be de-
sir0us Of the welfare ~ his country
and In hearty accord tud sympathy
with IT'S government and institutions.
| N he does not possess these Qualiica-
tlons. II his conduct has been such as
! 20 be prejudlcial 10 the welfare OF So
| cIety. OF the nation or is government
| he Is regarded as being UNIT 20 per
| form the important and conhdential
! duties ~ "a senator. and may be DEPRIVE
! cd Of a seat IN the senate. although ne
may have done no act OF which a
| court Of Justice could take cognizance.
! Thus William Blount. a senator from
| the state Of Tennessee. was IN the
year 1897. deprived Of his seat IN the
senate FOR conduct inconsistent with
! his public trust and duty as a senator
| His offense consisted IN the writing OF
| a letter 10 one Carey am official inter-
prefer 90 the Cherokee nation the con-
duct ~ Mr Blount iu writing said let
ter being characterized hy the conn
mittee Of investigation iu that ease as
follows:
1.-THE plan limited az in this extraor-
binary letter To- be executed under tho
auspices OF the British is so capable of
| different constructions and coniectures
that your committee at present for
bear giving any decided opinion re-
speeding II. except that 90 Mr Blounts
own mind Il appeared 90 be inconsis-
tent with the Interests Of the United
States and Of Spain. and he was there
fore anxious 10 conceal II from both
But when they consider his attempts
20 seduce Carey from his duty as
faithful Interpreter and 90 employ him
as an engine 10 ALLEVIATE the affections
and confidence u the Indians from the
public officers NJ the United States re-
| siding among them. the measures he
has proposed 90 excite a temper which
must produce the recall or expulsion
~ our superintendent from the Creek
nation. his insidious advice tending 20
the advancement Of his own popularity
and consequence, ~ the expense and
hazard Of the good opinion which the
Indians entertain ~ this government
and ~ the treaties subsNcing between
as and them your committee have no
doubt that Nh Blounts conduct has
been Inconsistent with his public duty,
| renders him unworthy ~ n further
continuance ~ his present public trust
in this body, and amounts TO high
misdcmeanor'
The vote on tho expulsion Of Mr.
Blount resulted as follows; Yeas. IS.
nays J. (Senatc Election Cases 80
ed. pg 92a-93]l
IN the year 1907. John Smith, a
senator from the state ~ Ohio. was
accused az being associated with Aaron
Burr IN conspiracy against the
reace and prosperity Of the United
| states In the report of the commit
tec--of which John quincy Adams was
chairmnn-ap appointed to investigate the
case the committee say:
'ln examining the question whether
these forms ~ judicial proceedings or
| the rules Of judicial evidence ought
| o. be- applied 90 tho exercise of that
/ censorlal authority which the senate
| Of the United States possesses over the
| conduct of rs members. let us assume
as The test " their application either
the dictates of uufettcred reason. the
letter and spirit ~ the Constitution. or
presidents, domestic or foreign. and
your committee believe that the result
VIII be the same mat the power II cx-
pelling member must, In its nature.
be discretionary and IN us exercise al
ways more summary than the tardy
process ~ judicial tribunals
The power Of eNpelling a member
for misconduct results ON the Iriu-
ciplos Of common sense from the in
tcrest ~ the nation that the high trust
Of legislation should be Invested I'm
pure hands When the trust Is cleo
tive Il r. not 60 be presumed that the
constituent body win commit the de-
characters But when q man whom
mis- fellow-citizens have honored with
their confidence on the pledge of HIS
spotless reputation has degraded him
! self by commission ~ Infamous crimes.
which become suddenly and unexpect-
| edly revealed To- the world. defective
indeed would be that Institution which
should be imputent 10 discard from
ITS bosom the c0ntaglon ~ such
member which should have no remedy
OF amputation 20 apply until the pols-
on had reached the heart
The question upon the trial ~ a
criminal cause before the courts OF
common law Is not between guilt and
innocence, but between guilt and the
possibility Of innocence II 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 partic-
tlar cases. that doubt must be decisive
for acquittal. and the verdict u not
guilty perhaps I'm nine cases out ~ 10
means no more than that the guilt OF
the party has not been demonstrated
in the precise specific aud narrow
forms prescribed by Law. The humane
spirit of the laws multiplles the bar
tiers for the protection 81 innocence
and freely admits that these barrier
may be abused Tor the shelter VI guilt
II ayOws strong partially favorable
20 the person upon trial and acknowl-
edges the preference that 10 guilty
should escape rather than that one in.
noceul should suffer The interest Of
the public that a particular crime
should be punished o. but as one to
10 compared with the interest of
the party that innocence should
be spared Acqulttal only restores
the party 90 the common rights az
every other citizen % restores him
10 no public trust, Il Invests him with
no public confidence. 10 substitutes The
sentence OF mercy Tor The doom OF ius.
tice, and 10 the eyes of impartial fea-
son IN the great majority of cases must
De considered rather as O. pardon than
IA Modification