The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-24

dressed To the chairman VI the committee under date
Of the Both OF April, by the Hon Bsnsmln 1appau
Senator from the Stale OF Ohio, ln which be m.
formed the committee that he had reason 10 believe
that the publication Ia question had boen made from
the copy Of the document furnish, bin, under the
rules OF the Senate, which he had given TO person
about leaving the city for New York, with no in
Junction OF concea ln,ent." FROM the examination
Of Jonathan d. Stevenson before the committee
which took place in the presence Of Mr. Tappan, il
appears that he Was the person To whom the docu-
ment was delivered W MIR. Tsppan, without the pro-
lection of an envelope, with an express permission
TO peruse the contents. aud with request 10 SAID
Stevenson TO become The instrument OF its convey
10 OF the editors OF the newspapers in which
the publication subsequently appeared. The letter
o. Mr.. TsppaD, and corroboratlye statements of
hsssrs Stevenson and Boggs under oath, are sub
Joined to this report.
The fact of the yoato- Of the order of the Senate
being thus established az the persons ascertained
by whose "agency and participation" II has been ac.
complisbcd the committee have been further direct
ed, in such event, to inquire what proceedings il
may be proper for the Senate 10 adopt in vindcaon
Of its privilege and authority"
The committee regard the exposure of a dOeu nent
which the Senate have seen fit to order should be
held in confidence, as gave offence, not only from
the disrespect which IL involves To the high hoty
Of that body, but from the peculiar mschIe,ous
of the effect which the impairment OF It's authority in
Ibis spect might be attended. Occa ions must
cur in the progress Of the Government 10 which
the two branches of the Executive the President and
the Senate, will be required in relation TO tansac-
tons the premature or undue exposure Of which
would operate very derimentally to the public nle-
rests MOI can occasions on subjects be supposed TO
which this remark has application more apptopri-
ate forcbie than those of negotiations with for
eign Powers, in relation TO which disclosure al i'm
proper moments of depending proceedings might be
fraught with lmputation on the faith OF the Govern.
ment Illustration of high objects of public policy,
IN he mar d GuyCrnmPnls Ia
neg late with delicate transactions, and dis
trust the part Of the head OF the Executive no,
only preventing important communications to the Sc
nate but repessive Of that freedom Of consultation
and Amusement which might be eminently conducive
to the public service. II were superiuous to add that
no guaranty remains for the avoidance of these mis-
chiefs, and the reservation of the required couii-
dence and comfy between the branches of the Execu
tive ii detected examples of the breach Of this con
lidence be permitted TO pass without adequate
pfehension In the instance under consideration the
committee have to regret that the violation of the
confidence reposed by the head OF the Executive IN
the Senate and by The Senate in the fidelity OF its
own members to Its honor and authority, has been
brought home to a member of the body the source
of the outrage The act, too, has been designed de
iiberate, and, far as the commit can perceive Is
marked by color of excuse.
Two cases of similar proceeding the part nf
members Of the Senate have presented themrel'os 10
the research Of the CO nmittec The first appears
have occurred before the ad pon of the present rule
ties which will be found to explain the omission Of
any resolution OF censure on the occasion. In the
second instance, resolution nfirmii thai the mem
Der had been guilty of violation of the rules of the
Senate (eviden,ly designed mild form of censure)
was adopted. The ofi,nc in that (ihe use of
papers in the Senate, communicated confdentially
some years previously admitted Of being explained
into mlsapp rehenson, and wanted therefore, the az
gravation OF the present case which the breach OF
the rule of the Senate has been deliberate, and pre-
ia ~ n. Ter IN mon
Der Of the Senate, the committee Restrained, by
the parliamentary rule in that respect, from
mending the measure Of censure for which the of
fence may appear to CALL and ars only permitted 10
refer the facts to the Senate for the immediate exer
else Of cognizance.
The report read.
Mr.. ARCHER submitted the following reso ution
Resored, That BENJAMIN TArrAN, a Senator from
the STATE Of Ohio, in furnishing for publication in a
newspaper dt cuments directed by oder of the So,
nse to he printed in confidence for its use has been
guilty OF fragrant violation of the rules Of tue Sc
nate, and con'emp, of its authority.
Rtsolrtd, That the following be added 10 the stand
ing rules of he Senate:
Any officer member of the Senate convicted OF
disclosing for publication any written or printed mat
ter directed by the Senate To be held in confidence,
shall be liable, If officer TO dismissal frcm the
vice Of the Senate, and in the case of member 10
suffer expulsion from the body
FnpAY, MAY 10, 1874.
On motion of Mr. ARCHER, thu Senate proceeded
o consider the first resolution submitted by him on
the sh instant, and, after debate
MIR. ARCHER, by unanimous consent, had leave TO
withdraw the said resolution.
NJ. Archer submitted the following resolution
Resoired, That BENJAMIN TAAAAs, Senator from
the Stale of Ohir, having been found by the Senate
to have been gully of fsgrant violation of IT. rules
and contempt OF its authority, c,psiitsting case OF
of tim. lie far ofle nd
l., cIIelled.
ihe Senate, by unanimous consent proceeded ~
consider the said resolution and after debate
On motion by Mr.. BAyARD, that the said rcsou.
t'on be amended by striking out all after the word
resolved and inserting the following in lieu then.
IL
That BEnJAMs T.Pr.p, Senator from The Slrs
Of Ohio, having wfuly and deliberately yolileJ 'he
thirty eighth rule Of the Senate In making known
and causing 10 be pull shed in a spapet printed
IN the CITY OF New York, before the injunction OF
crecyShas been removed, copy Of the tfoaty OF
ne1auon concluded between the United States ui
America Ind the Republic of Teras of WashIngtur.
on The l2Ib day of April, 1874, with the accompany
ing correspont ence communicated 10. the Senate By
the Presden, Of the United States has incurred the
just censore ofhe Senate, and shall receive ~ r,pu
mand through the presiding officer, who j. hereby
directed 10 give the same la the presence Of the Se-
nate.
h".' u"'"'t on Wo'ion Dy MI. ShMVNHf Nu' ''.
amendment proposed by Mr.. BhYARD be amended by
str king out all after the word "Ohio" and inserting
IN lieu thereof the following
"ln furnishing for pu' Iicsiion in a newspaper doc
umen's directed by order Of The Senate TO y pnui
ed IN confidence Tor its use, has been guilty OF q
grant vocation ofthe rules Of he Senate an disregard
Of II. authority"
After debate, on the question TO agree Co mo
amendment proposed by Mr.. SIMMONS, 1t was deter
mi ed in h. aft, N
| On motion by Mr.. ALLEN, the yeas and nays ltng
desired by one fifth Of The Senators prc,ent--