Evening star., 1926-12-18

by the combined vote OF the Federal
lists and Republicans-in 1898. Later,
from 1901 to 1914. he was Secretary
Of the United States Treasury, un-
der jefferson and Madison, and in
1924 he was nominated for Vice
President, in spite Of his alien birth.
which made him ineligible. He
withdrew from the ticket in the face
If that constitutional flnpediment and
became Minister to Great Britain.
There is probably no instance IN
American politics more strikingly
demonstrating partisan vindictive~
ness than the expulsion of so dis
tinguished patriot and statesman
after his long service in one branch
of Congress, simply on the techni-
cality that he was one year short
Of the required nine years after be-
coming a legal citizen.
There have been later instances
wherein some members of the House
have strained toward liberality and
hesitated to "cast the first stone" at
the alleged culprit. There was the
case Of Brigham H. Roberts. a dele
gate to the House from the then
Territory Of Utah. He had been
sworn in and had sat for some time
before his case, Of alleged disqualif;
cation as a polygymist and leading
Mormon, came to a decision OF the
committee Of elections. There was no
denial of the facts-he avowed his
Mormonism and confessed to having
three or four wives, two of whom hau
borne him six children apiece. So the
majority of the committee decided
against his moral turpitude." IN re
sponse to q memorial bearing 100000
signatures. Then the minority, cor
sisting of Representative Horace H.
Harrison of Tennessee, had misgiv
ings. He protested:
"But a graver question than those
we have considered is the question
whether the House ought. as matter
of policy or to establish a precedent.
expel either a member or delegate
on account of alleged crimes or I'm
moral practices, unconnected with
their duties or obligations as mem
bers or delegates. when the member
or delegate possesses all the qualities
to entitle him to seat.
"If we are to go into the question
Of moral fitness, where will the In
Quiry stop? What standard shall we
fix in determining what is and what
is not sufficient cause for expulsion
make towards OF us all!'
Yet the Congress actually did adopt
law against moral turpitude IN 1874.
and ever since ther It has been aloof
from admitting members guilty Of
bigamy or polygamy. Under the logic
and 1nisgivings Of Representative
Harrison, the principle of that law
may copstrue as disloyalty the Illegal
and reckless expenditure Of money III
primaries or general elections. What
standard shall we fix in determining
what Is and what Is not sufficient
cause for expulsion" under the cir
aforesaid? The State De
partment opposes moral turpiture,"
and why not Congress?
= 4 X x
The Constitution, section 5, pro.
vides: Each house shall be the judge
of the elections, returns and quail
fcations of its own members" So
the Senate once accepted a negro
as a Senator from Mississippi-in
1870-Senator Fl. r. Revels. He was
legally qualified under the fourteenth
to the Constitution, which
declared his citizenship. and he was q
American who had never
been a slave.
X X X
When our Federal Constitution was
in the making there was prolonged
discussion in the constitutional CON
vention regarding the right to b.
given Congress to prescribe and judge
the qualifications of its members. III
the Madison Papers volume 5, page
376) it recorded that there was pro
posed an amendment TO the draft OF
the Constitution giving Congress full
power ito establish such uniform
qualifications of the members of each
house with regard to property. as to
the said Legislature (Congress) shall
seem expedient." An oligarchic Sen
ate indeed. when property" becomes
the sesame!
Madison opposed that "as vesting
an improper and dangerous power
in the Legislature (Congress)" He
wrote: THE qualifications Of elector
and elected were fundamental articles
In Republican form Of government
and ought to be fixed by the Constitu-
ton. II the Legislature could regu-
late that or either. 1t can. by degrees
subvert the Constitution. A republic
may he converted into an aristocracy
or oligarchy as well as limiting the
numbers capable Of being elected as
the number authorized to elect. In
all cases where the Representative
Will have a personal interest. distinct
from that of their constituents. there
was the same reason for being jeal
Dus of them as there was for relying
upon them with full confidence when
hey had 81 common interest.
Surely there were statesmen in the
lays Of our fathersi
tCcpyrighs. 1e2e. b. Paul Y. Colnrs.l