Year: 1873

| counLry uISnOnOF0u tnolr great SbatlOn


before the American people, holding in trust


what has not been inaptly called in other
days the palladium of the liberties of the


people, in undertaking by their clamor to


Cictate to the Representatives of the people


how they should discharge their duty en-
joined on them by the obligations of their


oath. He would reply to them in the lam
guage of the President of the Assembly


to the messenger of Napoleon who COM
| manded them to disperse, $50 tell your


master that thu assembly of the people can


receive no orders from him."He would say


to those gents who had undertaken to con-
troll the action Of the House under the pre-


tense be supposed that they were the war
| dens ofthe public interest aud they were


the keepers of the consciences of the rep


resentatives of free people; that


he asked no favors from such


men. Did not live by the breath of their


mouth. The representatives of the people
were, thank God, as free under the shield
of the Constitution as tho representatives
of the press, and knew just as well how to
discharge their duty. Passing on to the
question of the power of the. House to ex-
| pei member for acts done before he Is
| elected, he said that, bad as the Credit Mo-
| bilier might be, its guilt was covered with
dark eclipse in the presence of the as
sumption made here that any House of
| Representatives might usurp the power to |
strip the paople of their right to representa-
! tiOn on this floor, in accordance with the
expressed letter as well as the spirit of their
own constitution and laws. He joined is
sue with the Committee. He Joined issue
with the mob which demanded victim. |
He would have it understood that he in
| terpreted the laws of his country not so |
much in behalf of any single man accused |
here, as in behalf of the rights of a free |
people thus attempted to be betrayed and |
10 be overturned By two-thirds of the |
House in the exercise of what they |
were pleased to call the power of |
pun ifc2tion. They had better begin with |
those who were so pure that thsy proposed |
that their neighbor should be condemned |
in violation of their oath. in violation of the |
constitution and State laws and in viola |
tion of all precedent. If there was any
thing which made man impure before God |
and man, it was for him deliberately, not |
having, ia the words of the old law, 'the |
fear of God before his eyes, but instigased by |
the devil" to break throughthe restrictions
of an oath and the retrenchments of
written constitution, to assert a little petty
power in the form of what he called purif- !
cation. Referring to Brooks, he said that [
never in the long years of his service with |
him had he heard breath Of suspicion
against his good name till this accusation
was made, aud as to the Representative
from Massachusetts (Ames), it would be
said of him, whatever might be the deter
mination OF the House, that he had not
lived in vain, and that he had contributed
md |
glory of his country. But whatever might
be said of either of them By way of praise
or censure, one thing was true, that the
American people would demand of this
House that whatever rights belonged to
these men under the Constitution and the
law should be accorded them. In conclu-
sion he prayed the House to consider that
the question which it was trying, was not
so much the right of Ames and Brooks but
the right of the whole people to representa-
ton. he trusted that whatever might be
said By the


Howl OF the Mob,


the moral ability of the Constitution and
the moral ability OF the right of a free peo-
pie to be represented according to their
choice, would be respected. For himself
he was ready TO record his vote and by his
|
fer no victim to the mob through bis viola
ted oath aud the violated Constitution of
his country.


Banks.


Mr.. Banks next took the floor. He said
he could not feel that the judgment of the
committee was sustained by the facts.
There was no man living who would more
gladly have defended and befriended Mr..
Brooks than himself. This was not a cIse
against Brooks or against Ames. 1t was
the case of the people for whom he (Banks)
pleaded. 1t was the case of good govern
ment, and if it was to be secured by the &C
quittal of these gentlemen, no one would
be better pleased with the result than him
self. If the members of the House should
be so FIR forgetful Of their duty as to strike
down popular assembly representing and
protecting the interests of the people, on the
masked and atrocIoUs theory that men
might commit whatever crimes they pleased
and that the House


Dare Not Investigate


because those crimes occurred day or two
befJre they were received as members, then
they might bid farewell to all purity in leg
islation. he and other members Of the COM
mittee believed that this Republican House
had the courage, fortitude, virtue and in
tegrity to stand by the rights Of the peo-
pie and by the traditions of representation
and popular government.


Recess till 7:30.


Evening Session.


Mr.. Butler of Massachusetts, took the
floor but yielded to motion to allow the
ladies' who were erOwding into the corridors
into the hall of the House.


Mr.. Randall said he had no objection to
that, provided it was IL Iderstood that no
amendments would be voted on tonight.
If votes were to be taken he wished the
members to be undisturbed.


The motion to admit ladies was rejected,
only 40 votes in the affirmative.


ButIer's Defence of Ames.


Mr.. Butler then proceeded with his re-
marks in defence of Mr.. Ames. He said
be had never reason to take part in any
debate, oppressed with the sense of respon-
sibility under which he now addressed the
House. He had spoken in many forums, ,
in those where the lives of men hung wav- !
ering in the scale of justice, but never
where he felt that precedent was being !
discussed which must settle for all time the :
rights of the House of Representatives Of {
the United States. He stood here to say
the House had no jurisdiction over what it
was now doing; that it had no constitution '
al or legal right to expel any member
for a crime alleged against him five \
years ago. There was no precedent in i
this country for the position taken by the $
and there was no precedent in y
England, except the Wilkes case, and the n
record in that case had been expunged as n
,ubversive of enlightened liberty. He be-
ieved that if these resolutions are adopted, n
ne would live to see or bis son would live q
20 see the record expunged as subversive of q
,he liberties of all the people. The chair fl
nan of the select committee (Mr. Polandl h
mad told the House yesterday that a muir a,
lerer would be eligible to election; if f.
hen the people could elect a murderer,
What business had the House to expel him? h,
Mr.. Bingham Yes, sure enough. 81
Mr.. Butler continued: 1t is none of your
business. If murder was no disqualified
ion for election, what right had the House 70
o supervise it? On the statement of his 70
!ccusers Ames was an honest man. On 81
he statement of everybody he was an hon. ta
st man. Was there man in the House
Who did not believe that Oakes Ames was
nd honest and truthful man? Who was q,
here that did not believe every word he ~