Smyrna times., 1907-01-16
HOPKINS DEFENDS
REED SMOOT
Illinois Senator Denies Right of Sen
ate to Expel Utah Man.
CANNOT IMPEACH MEMBERS


Washington, Jan. IL. The first
speech in defense of the right of Reed
Smoot to a seat in the senate was de-
livered by Senator Hopkins, of Illi-
nois.
Mr.. Hopkins took the positio nthat
senators were not federal officers to
the extent that the senate could pass
upon their qualifications and eligibility
or could impeach them for high crimes
or misdemeanors. If a senator was to
be punished, it must be done by the
state or federal courts. Only federal
officers, he maintained, were impeach-
able, and this Impeachment must be
officers.
The precedent cited was the unsuc-
cessful effort to impeach Senator
Blount, of Tennessee, charged with
reasonable correspondence with a for
eign nation, more than 100 years ago.
The conclusion then, Mr.. Hopkins
said, had never been reversed, and that
was that the senate had no right to
try the case, as Senator Blount was
not an officer of the United States.
After citing other cases, Mr.. Hop
kins remarked that it was unnecessary
for him TO multiply evidence to demon
strate his point that individual states
have no power to add any qualification
to a senator other than those prescrib-
ed by the federal constitution. Re-
ferring directly to Mr.. Smoot, he con-
tinued:
'It is conceded by the chairman of
the committee on privileges and elec-
tiOns that Senator Smoot possesses all
of the qualifications spoken of in the
constitution itself. 1t is also conceded,
not only by the able chairman of this
committee. but l think by all who are
at all familiar with the case, that SEN
ator Smoot is not a polygamist, that
he has never married a plural wife,
and has never practiced polygamy,
that he is man in his personal rela-
tions, as husband, father and citizen,
above reproach; that in all the rela-
tions of citizenship he has lived a sin
gularly pure and upright life"
He then asked: "Why, then, should
he be expelled from this body, dis
graced and dishonored for life. a stig-
ma placed upon his children, his own
life wrecked and the happiness of his
wife destroyed? He is a Christian gen.
tleman and his religious belief has
taken him into the Church of Jesus
Christ of Latter Day Saints, commonly
called the Mormon church"
Mr.. Hopkins said he felt sure that
those representing the protestants
would not contend that there was an
apostolic oath which had been taken
by Mr.. Smoot which would prevent
him from discharging his duties as
senator. Mr.. Hopkins sympathized
he said, with the denunciation of poly
gamy made by Mr.. Burrows in his re
cent speech. 1t was, he believed, g
relic of a barbarous age, and a de
| stroyer of the ideal American home
and he had no sympathy with the prac
| tice.
Never before in the history of the
government" he declared. with grea
1 piioSAS1 noo liC plCNlOuS lllG VI
career of a senator been called into
question to determine whether ht
should remain in. the senate or not"
If members of any Christian churcl
were to be charged with all of tn,
crimes that have been committed il
its name, where is the Christian gen
tleman in this body who would be SAT-
in his seat.
He denied that the protestants ha,
made good in any of the charge
against Mr.. Smoot, after reviewin
these charges and the argument to su.
tain them at length, and conclude
with the declaration that he would b
false to his cath of a senator if he ha
voted to expal Mr.. Smoot from tn
senate.