PUBLIC DOCUMENTS. 



671 



case of the steamer Virginias, which, while under 

 the flag of the United States, was, on the 31st day 

 of October last, captured on the high-seas by the 

 Spanish man-of-war Tornado, have reached the fol- 

 lowing conclusions : 



Spam, on her part, stipulates to restore forthwith 

 the vessel referred to, and the survivors of her pas- 

 sengers and crew, and on the 25th day of December 

 next to salute the flag of the United States. If, 

 however, before that date, Spain should prove to the 

 satisfaction of the Government of the United States, 

 that the Yirginiua was not entitled to carry the flag 

 of the United States, and was carrying it, at the 

 time of her capture, without rightj and improperly, 

 the salute will be spontaneously dispensed with, as 

 in such case not being necessarily reqnirable ; but 

 the United States will expect, in such case, a dis- 

 claimer of the intent of indignity to its flag in the 

 act which was committed. 



Furthermore, if on or before the 25tb of December, 

 1873, it shall be made to appear to the satisfaction of 

 the United States that the Virginius did not right- 

 fully carry the American flag, and was not entitled 

 to American papers, the United States will institute 

 inquiry, and adopt legal proceedings against the ves- 

 sel, if it be found that she has violated any law of 

 the United States, and against any of the persons 

 who may appear to have been guilty of illegal acts 

 in connection therewith ; it being understood that 

 Spain will proceed, according to the second proposi- 

 tion made to General Sickles, and communicated in 

 his telegram, read to Admiral Polo on the 27th in- 

 stant, to investigate the conduct of those of her au- 

 thorities who have infringed Spanish laws or treaty 

 obligations, and will arraign them before competent 

 courts, and inflict punishment on those who may 

 have offended. 



Other reciprocal reclamations to be the subject of 

 consideration and arrangement between the two gov- 

 ernments ; and, in case of no agreement, to be the 

 subject of arbitration, if the constitutional assent of 

 the Senate of the United States be given thereto. 



It is further stipulated that the time, manner, and 

 place, for the surrender of the Virginius, and the 

 survivors of those who were on board of her at the 

 time of her capture, and also the time, manner, and 

 place, for the salute to the flag of the United States, 

 if there should be occasion for such salute, shall be 

 subject to arrangement between the undersigned, 

 within the next two days. 



HAMILTON FISH, 



JOSE POLO DE BEENABE. 



Credit Mobilier. Report of the Committee. 



The Committee on the Judiciary, to which was 

 referred the resolution of the House passed February 

 20,1878 in the words following : 



" Retained^ That the testimony taken by the com- 

 mittee of this House, of which Mr. Poland, of Ver- 

 mont, is chairman, be referred to the Committee on 

 the Judiciary, with instructions to inquire whether 

 any thing in such testimonv warrants articles of im- 

 peachment of anv officer of* the United States not a 

 member of this House, or makes it proper that fur- 

 ther Investigation should be ordered in his case," 

 having fullv considered the matter, pray leave to 

 submit the following report : 



It is apparent thnt this resolution brings before the 

 House subjects of the gravest moment, involving 

 most important considerations of fact and law thereto 

 applicable. There can be no more delicate and 

 sometimes painful duty devolved upon the House of 

 Representatives, and no hisher prerogative is given 

 to it by the Constitution, than its power to be exer- 

 cised as the grand inquest of all the nation by pre- 

 senting articles of impeachment against civil officers 

 of the Government. The verv fact that one is ac- 

 cused who has so far possessed the confidence of his 

 fellow-citizens, or the Executive, as to have had the 



interest of the Government confided to his charge as 

 a civil officer of the United States, brings always be- 

 fore the House derelictions of duty which, if found, 

 involves consequences to the individual as well as to 

 the country of the most serious character. Where- 

 fore your committee have entered upon this subject 

 with the intent to give it the fullest deliberation pos- 

 sible to us in the waning hours of the session, and 

 for that purpose they have deliberated upon it in 

 special sessions. 



The resolution, it will be observed, refers to your 

 committee " the testimony taken by the committee 

 of this House, of which Mr. Poland is chairman, 

 with instructions to inquire whether any thing in 

 such testimony warrants articles of impeachment of 

 any officer of the United States not a member of this 

 House, or makes it proper that further investigation 

 should be ordered in his case." 



The question first presented is the conduct of 

 what civil officers of the United States is brought 

 into question by this testimony ? 



Your committee take leave to observe that a mem- 

 ber of the House of Representatives is not an officer 

 of the United States to whom the constitutional 

 remedy of impeachment applies. This was long ago 

 decided in Blount's case by the Senate of the United 

 States, where an attempt was made to impeach him 

 because of an alleged offense. Your committee find 

 but two civil officers of the class liable to impeach- 

 ment whose acts are called in question by the testi- 

 mony submitted to us ; one the Vice-President of the 

 United States, the other Mr. Brooks, late Govern- 

 ment director of the Union Pacific Railroad, who 

 was an officer provided for by law, and appointed by 

 the President. The first is still in office, the second 

 has long since ceased to be such officer. 



The case of Mr. Brooks, by the terms of the reso- 

 lution, does not seem to be before us, as he is now a 

 member of the House. If there were any doubt 

 upon that subject, your committee would resolve it 

 by asking instruction of the House upon that point, 

 but the fact that the conduct of Mr. Brooks in this 

 regard was, at the time of the passage of the resolu- 

 tion and now is, before the House upon a report of 

 another committee recommending his expulsion from 

 the House because of the transactions set forth in the 

 evidence referred to us, would seem to furnish a con- 

 clusive reason for the exception made in his case, 

 and determine all doubts upon the matter. Where- 

 fore your committee have given no further consider- 

 ation to the evidence in that behalf. 



For the purpose of applying the precedents and 

 principles of law which regulate the presentation 

 and trials of impeachment, your committee have 

 found it convenient in the case of the Vice-Presi- 

 dent to assume, without expressing any opinion 

 upon the facts to be found therein, that the evidence 

 proves all that can be possibly claimed to be inferred 

 from it, because of his being a holder, directly or 

 indirectly, and receiving the profits thereof of the 

 stock of a corporation known as the Credit Mobilier 

 of America while a member of Congress. 



Giving, therefore, as in case of a demurrer to evi- 

 dence, every possible intendment against Mr. Colfax, 

 it would seem that it might be claimed from the evi- 

 dence that in the winter of 1867-'68, he became the 

 owner by purchase at par,.and interest on that value, 

 of certain stock in the Credit Mobilier Company 

 from Oakes Ames, when that stock was known to 

 both to be worth very much more thnn par, and that 

 he received the profits or dividends, while Ames 

 held the stock, and still holds the some in trust for 

 him, although the beneficial interest in the stock, if 

 not the legal title, remains in Mr. Colfax down to to- 

 day. That during the sessions of Congress of 1867- 

 '68 and 1868-'69, while holding such interest in the 

 stock, Mr. Colfax, as a member of the House of Rep- 

 resentatives, and its Speaker, presided over its de- 

 liberations. During which sessions certain matters 

 of legislation in wliich his personal interests n such 

 stockholder were involved, was- attempted to be ad- 



