Page:Journal of Negro History, vol. 7.djvu/378

 the floor. Mr. Orr held that the Supreme Court had decided that two-thirds of the number present were competent to expel. Some one else claimed that it required two-thirds of all the members on roll. The speaker here cited a case in the House Journals in which it was decided that two-thirds of the members present was sufficient. Mr. Brayton stated that two-thirds of the House and two-thirds of the Senate were necessary to impeach a judge, and he thought that as much consideration should be shown to the members of the House. In justice to themselves they ought to insist upon the passage of the following resolution:

Resolved, that it is the sense of this House that in order to expel a member a two-thirds vote of all the members elected is required.

Freeman, of Charleston, spoke against the resolution, taking the same ground as that held by Mr. Orr.

Bampfield rose to a point of order that it was the duty of the chair to decide. If necessary an appeal could be had.

The chair stated that if he decided it would be in favor of the view that it required two-thirds of the members present.

Freeman thought it very strange that no defense had been offered by the friends of the accused, and proposed to amend Brayton's resolution by striking out "elected" and inserting "present."

Mr. Orr said that no resolution of ruling of the chair was necessary as they had the decision of the Supreme Court on the matter, and that was their law. Richardson's Supreme Court Reports, volume 4, has already decided this question, and he didn't see the use of construing the law when it was already construed by such authority.

Chancellor Johnson stated that the matter was purely a constitutional question, and he quoted from the Constitution to show that the House had the right to decide all such questions, for itself.

On motion the resolution of Mr. Brayton was laid on the table.

Hirsch then called for a ruling from the chair, and the chair decided that it would require two-thirds of the members present. The Saint here became very much agitated, and requested that he be allowed to speak in his own behalf, as no one else saw fit to take up his cause. The request was granted, and he then spoke as follows:

Gentlemen of the House of Representatives: I will in the outset simply draw your attention to the fact that my accuser has