Year: 1865




The Constitution of the United States pro
vides that Congress shall be the Judge of the
qualification of its members, and of theil
rights to seats in either House. And tha
body passed law which now stands on the
Statute Books requiring that all persons hold
ing position under the laws of the United
States shall take an oath in substance tha
they have not been guilty of acts of treason
against the country.


The copperheads contend, that the law i.
unconstitutional, and that Congress, notwith
standing the express provision of the Const
tuition making each House the judge of the
qualifications of its members, have no righ
to refuse admission to traitor, murderer
or horsethief


Now, we hold not only that the law of Con
gress is constitutional, but that under the Con
sttution of the United States and in accord
ance with their practice since the formation
of the Government, each house of Congress
has the right to exclude or expel members
for improper, disgraceful or criminal conduct,
according to its discretion and that it would





House to receive member guilty of an infa-
nous crime into association and the enjoy.
joyment of the rights, privileges and immuni-
ties of the Representatives of the American
people.


But as the copperheads swear by ANDY
Johnson of late, his authority ought to settle
the question with them.


Senator JOHNSON made speech on the
motion to expel Senator BRIGHT for treason.
in which he said:


Mr.. President: ! hold that under the
constitution of the United States we clearly
have the power to expel member, and that
too. without our assuming the character of a
Judicial body. 1t is not necessary TO have ar
hces OF impeachment prepared by the other
house II Is not necessary to organize our
selves into court for the purpose of trial ;
but the principle is broad and clear, inherent
in the very organization of the body itself,
that we have the power and the right to expel
any member from the Senate whenever we
deem that the public interests are unsafe in
his hands, and that he is unfit to be member
of the body"


OF course no sane man will contend that
the power to expel does not include the right
to exclude from seat altogether.


Mr.. JOHNSON then quoted the comments of
Judge SrogY in the case of JomS SMITH, in
which that judge asserts:


The power to expel member is not, in
the British house of commons, confined to
otfenses committed by the party as member,
or during the session of parliament, but ex-
tends 10 all cases where the offence is such as.
in the Judgment Of the house, unfit him for
parliamentary duty.


To this Mr.. JOHNSON adds:


The rule Of the house of commons was
undoubtedly in the view of the trainers Of
our constitution"


JoHN SMITH was indicted as an accomplice
Of Burr; and like him, escaped convic-
tion upon a teehnicality. He was also a SEN
stor, and, on the motion to expel him, re.
port was made by Mr.. ADAMS, which Mr.
JOHNSON quotes "as able, full, complete. y
That report reads:


"The power of expelling a member for
misconduct results, on the principles of com.
mon sense, from the interests of the nation
that the high trust of legislation should be
invested in pure hands,


''But when member of legislative body
lies under the imputation of aggravated offeu-
ces. and the determination upon his case can
operate only to remove him from a station of
extensive powers aud important trusts, this
disproportion between the interests of the
public and the interests of the individual dis
appears; If any dispreportion exists it is of
an opposite kind 1t is NOT better that ten
traitors should be members of this senate,
than one innocent man should suffer expul-
sion. In either case, no doubt, the evil would
he great; but in the former it would strike at
the vitals of theaaton; in the latter it might,
though deeply to be amented, only be the
calamity of an individual


Must the assembled rulers of the land
listen with calmness aud indifference session
after session, to the voice of notorious infamy,
until the sluggard step of municipal Justice
can over take his enormitiesY Must they
tamely see the lives and fortunes of millions,
the safety of present and future ages, depend
ing on his vote, recorded with theirs, merely
because the abused benignity of general max
inns may have RENTED to him the forfeiture
of his life?


g Far different, in the opinion of your CON-
mittee, is the spirit of our constitution. They
believed that the very purpose for which this
power was given was to preserve the legisla-
tare from the first approaches of infection; /;
that il was made discretionary, because it
could not exist under the procrastination Of
general rules. That its process must be sum-
mary, because it would be rendered nugatory
by delay"


Mr.. JomSsoS, in adopting this able report
as part of his speech, called the attention of
the senate to the case of AARON BURR, and
said:


according to the doctrine avowed in this
debate, that we must sit as court and subject
the individual to all the rules and technicali
ties of criminal proceedings, could he have
been expelled? And yet is there a senator
here who would have voted to allow Aaron
Burr to take seat in the senate after his ac-
quittal by court and jury?'


Why, if the copperhead position is correct,
there was no power in Congress to exclude
BENEDICT ARSofB from a seat in that body;
and there is no power to exclude JEFF DAVIS
or any other infamous traitor to the country.
1t is only traitors and their friends that de-
sire thus to PROSTATE Congress and bind it
hand and foot and deliver it over to the rebel
raiders stepped in treason to the country and
reeking with the gore of patriots massacfed
indefence of our Goyernment.s 81


A NATIoSAI. RACE PRoPosEp-The Sacsa-
napto T,;o,, cava III 81 Th ar,dr,ro W,rta~. IL.