Some of
his friends near him suggested that it was quite indiscreet to
speak so positively; when he at once repeated his views in a
more emphatic manner; 'and whereas several cases under said
reconstruction measures are now pending in the Supreme Court:
Therefore, be it--
"_Resolved_, That the Committee on the Judiciary be directed to
enquire into the truth of the declarations therein contained,
and report whether the facts as ascertained constitute such a
misdemeanor in office as to require this House to present to
the Senate articles of impeachment against said Justice of the
Supreme Court; and that the committee have power to send for
persons and papers, and have leave to report at any time."
An excited debate at once sprung up in the House, and in the course of
it I was stated to be the offending Justice referred to. Thereupon the
members for California vouched for my loyalty during the war. Other
members wished to know whether an anonymous article in a newspaper was
to be considered sufficient evidence to authorize a committee of
the House to enquire into the private conversation of members of the
Supreme Court. The mover of the resolution, Mr. Scofield, declared
that he knew nothing of the truth of the statement in the paper, but
deemed it sufficient authority for his action, and moved the previous
question on the resolution.
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