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 never
put his foot on the soil of South Carolina. If the House will not
defend me the courts
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