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The Papers of William A. Graham 407
But "each House may determine the rules of its proceedings,
punish members for disorderly behavior, and with the concur-rence
of two-thirds, expel a member." This is the warrant with
some for the application of a test [oath,] which may be enforced
under penalty of expulsion.
Here again is no power granted to Congress under which its
two houses may pass a law, but a very necessary authority is con-ferred
on each House for the well ordering of its proceedings, and
the discipline of its members.
Each is allowed the usual parliamentary authority of a public
body by this clause, and have the power to expel for any reasons
they deem sufficient if two thirds concur, and it will be nothing
less than expulsion if elected members shall be denied seats as pro-posed
by this law. But it is well settled in the law of Legislative
bodies, that they have no right to expel except for causes arising
after a member's election. As to everything else, it is purged away
by the judgment and choice of his constituents, and if the body
can go behind this and raise issues as to his previous conduct or
career, and debar a member on such grounds, free elections are at
an end. Since the final action of the House of Commons in the
case of John Wilkes,273 i presume this is beyond controversy.
He was expelled [from] the House in 1764 for publishing a paper
called North Briton, in which were severe strictures on the ad-ministration
—^re-chosen at the next election, and expelled again
for the same cause in 1769. Reelected again within a month, it
was resolved that his seat was vacant upon the ground that his
former expulsion created a permanent and biding disability,
and he was incapable to serve as a member—re-elected again by a
great majority, but his competitor having some 200 votes was de-clared
elected, and allowed the seat. But fourteen years afterwards,
in May 1783, it was resolved by the House that the resolution
declaring Wilkes incapable to serve as a member by reason of his
expulsion from the previous parliament, should be expunged
from the journals of the House as being subversive of the rights
273 John Wilkes (1727-1797) was a controversial English political figure who was
arrested for having libeled George III in "The North Briton." He pled parliamentary
privilege and was freed; later he collected damages for false arrest from Halifax, the
secretary of state. Subsequently, Wilkes was expelled from the Parliament and out-lawed
for publishing libels. Briefly imprisoned, his outlawry was reversed and in
1774 he resumed his seat in Parliament, a position he held until 1790. He opposed
the war against the British North American colonies. The Concise Dictionary of
National Biography (London: Oxford University Press, 2 volumes, 1955 antl 1961),
I, 1405, hereinafter cited as Concise Dictionary of National Biography.
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| Title | Page 435 |
| Full Text | The Papers of William A. Graham 407 But "each House may determine the rules of its proceedings, punish members for disorderly behavior, and with the concur-rence of two-thirds, expel a member." This is the warrant with some for the application of a test [oath,] which may be enforced under penalty of expulsion. Here again is no power granted to Congress under which its two houses may pass a law, but a very necessary authority is con-ferred on each House for the well ordering of its proceedings, and the discipline of its members. Each is allowed the usual parliamentary authority of a public body by this clause, and have the power to expel for any reasons they deem sufficient if two thirds concur, and it will be nothing less than expulsion if elected members shall be denied seats as pro-posed by this law. But it is well settled in the law of Legislative bodies, that they have no right to expel except for causes arising after a member's election. As to everything else, it is purged away by the judgment and choice of his constituents, and if the body can go behind this and raise issues as to his previous conduct or career, and debar a member on such grounds, free elections are at an end. Since the final action of the House of Commons in the case of John Wilkes,273 i presume this is beyond controversy. He was expelled [from] the House in 1764 for publishing a paper called North Briton, in which were severe strictures on the ad-ministration —^re-chosen at the next election, and expelled again for the same cause in 1769. Reelected again within a month, it was resolved that his seat was vacant upon the ground that his former expulsion created a permanent and biding disability, and he was incapable to serve as a member—re-elected again by a great majority, but his competitor having some 200 votes was de-clared elected, and allowed the seat. But fourteen years afterwards, in May 1783, it was resolved by the House that the resolution declaring Wilkes incapable to serve as a member by reason of his expulsion from the previous parliament, should be expunged from the journals of the House as being subversive of the rights 273 John Wilkes (1727-1797) was a controversial English political figure who was arrested for having libeled George III in "The North Briton." He pled parliamentary privilege and was freed; later he collected damages for false arrest from Halifax, the secretary of state. Subsequently, Wilkes was expelled from the Parliament and out-lawed for publishing libels. Briefly imprisoned, his outlawry was reversed and in 1774 he resumed his seat in Parliament, a position he held until 1790. He opposed the war against the British North American colonies. The Concise Dictionary of National Biography (London: Oxford University Press, 2 volumes, 1955 antl 1961), I, 1405, hereinafter cited as Concise Dictionary of National Biography. |
