The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-23
0siviensas and the Senate
CUSTODY OF THE SERGKANT-AT-ARMs.
WASHINGTON, April 20, lS48.

session. Under these circumstances must trust |
to my memory tor the substance of those replies. |
The interrogatorles have before me, in an off,
cial form, in the return to writ of habeas corpus.
l. o.-Have you any connection with, agency for
New York and called the Eer York Herald ~ Yea
state what Is that oonnsxion or agency.
Al am connected with the Herald a. correspondent
g. ado you know that an instrument purpertipe to
be copy Of the treaty between the United States and
the Senate thereto and the proceedings Of the senate
thereon, was published in that newspaper Declare.
~ St I've seen IN the hfrsS purpoIns be
amendments Of the Senate thereto.
Q.-Do you know by whom the copy Of the instru-
ment, with the amendments thereto and the proceed
ings thereon in the last preceding speci
htd was furnished to the editor publshsrs or any
agent Of the editor publishers of the said newspaper
called the Nsw York Herald? If yea, declare and spe-
oify such person or persons.
believe.
4. Q.Did you copy the parts purportngto be amend
m.nts OF the treaty for the purpose Of sending
other purpose! II you IN the negative, then
say if yen know BY whom they were copied.
the best Of my belief in my handwriting.
6. Q.-Where, In whatsplace or house, and at what
time were the said amendments of the treaty copied?
A.-They were written at my room, in the house in
which reside, on street, IN this city.
o.-Wner., In what place, or what house, and at
what time did you first receive printed CODY of the
confidential document containing tho treaty and also
the other confidential documents printed in the Herald!
To this question, for obvious reasons, object
ed. 1t assumed, in the first place, that the copy
received by me. was printed copy; and second
ly, that II was copy OF the confidential docu-
ment containing the treaty, the Presidents mes
sage and other confidential documents. Neither
presumption was warranted by any portion of my
previous testimony, and every lawyer there
knew that tle question would be overuled in a
court Of justice. never Intended to answer the
interrogatory by the words, 81 oblectto the ques-
ton" Some Senator asked, "ls that an answer,
MIR. President!" and l said, "Have not right
to object to the question:" And to an interroga-
fuse on the ground that my answer would crimi-
nate myself" Each word that uttered was re-
corded as portion of my answer, although the
above was said as sort of running conversation
swer to the last question, therefore, appears on
the record somewhat In this form:-
Al object to the question. Have not right to
why he objected to the question It bscsuse his
might criminste himself" declared he did not
object on the ground that bis answer would crninss
T. Q-Tn answer to the third intsrrogatory you have
stated that you furnished the paper: therein
you received the said treaty with Mexico, with the
and the said portion Of the proceedings Of
Al decline to answer. II would be dishonorabs in
me to declare the whence they were obtained
Immediately after, recollecting that small
portion of the papers embraced in the Interroga-
tory were obtained in such a manner as would
be no violation of my honor to disclose, asked
permission to strike out the latter portion OF my
reply commencing with It," and ending with
obtained" By this application I alienated
some, who, II the sentence were allowed to re-
main as portion of my answers. would have voted
to suspend all further proceedings: OF this fact
beg to assure them l had perfect foreknow.
ledge and conviction; but though trivial the
scruple, it was purely matter Of conscience,
and the suggestions of prudence and expediency
was obliged to disregard.
On vour answer TO The fourtb ntsrroratorv vor
state that the amendmsnts there referred to were
municsted to the Herald In your handwriting Did you
copy the same and from what did you COPY and whom
and whore, and from whom did you procure the orig
nal from which you copied tho same?
IL net
BY portion Of my answer recorded q such
you decline to answer the same because you cannot
snswer with accuracy Is 1t becsuss you do not
"A portion Of the facts do not rscelect with 90
Q-what portion of the facts do you not rsoollsot
with accuracy Is As to the person frem whom you
obtained the papers or any Of them referred to?
A-Both as to the person from whom and a. to the
venture to predict that the Senate win be excessively
laughed s when shall DO at liberty to explain this
Having reflected on the last three replies,
found, upon consulting my memory, that each of
the questions embraced greater number of SUBJ
jects than could conveniently answer in one re-
ply / therefore requested permission to modify
my answers to those questions, by substituting
Tor every one, the words, +" decline to answers
This was refused; and | demanded that the Sc
nate should be divided on my application. After
much discussion, a majority voted against grant
ing me the privileges claimed 49,
II. Estate from whom you received the treaty.
Al decline to anewer.
IL. Q.-Stae from W aom you received the documents.
Al decline to answer.
Is Q-state from whom you received the proceed
ings OF the Senate heretofore enquired Of
Al decline to answer.
L. Q.Was the copy Of tbs treaty.you forwarded to
the Herald printed copy!
Al ddclins to answer.
was Withdrawn from the bar, and when
again introduced, was addressed by the Vice
President, who,informed me that the Senate had
ordered me to be committed to the custody of
the Sergean-at-Arms, until should answer the
questions propounded by the Senate, or until the
further action of that body. This occurred
about half pas. six o'clock, p. M on Thurday,
the 30h of March
On. Friday, the 31st | was again conduct.
ed to the bar of the Senate, and interroga-
ted whether was prepared to answer the ques-
lions unavailingly proPounded the day previous
desired that the following protest should be
read and spread on the record =
respectfully protest against the mode Of proceeding
adopted on my examination yesterday.
IL am here without the aid Of counsel, and
queny compelled, In many instances to raise objso-
is the privileged Of counsel to make in suoh cases and
which are not meant BY me to 60 upon the record as
portion Of my testimony suoh obj,otions arguments,
and explanations were, yesterday, against my ex
prers remembrance, embodied In my replies. My e.
forts to have these replies modified entirely una
vaiing DOW protest against this mode proceeding
calculated unnecessarily to embsrrsss and ~ un-
worthy the dignity Of this body. respectfully de-
mard right, that be allowed to medfy such Of my
answers of yesterday Us are made up partly sxplsns
tions argums ns such Of them ~ de-
sire to modify, and that such modified answers be
substituted the record for those already recorded
Upon this demand ask the decision Of the Senate.
What renders this act Of justice necessary Is the
fact that the questions which called forth the
to which aude ere 80 complicated, and embrace SO
many subjects that 1t impossible to answer them
alphabetically without such extended explanations az
did not desire to sppear portions of my several
swsrs but which the Senate would have persisted In
cording as suoh, notwithstanding. | can view this
course In no other light than to embarrass
aud entrsp. do not charge suoh design upon the
Senate. (Signed) JoHN NuoENr.n
The Senate refused to receive this paper. |
claimed the right to explain portion of my tes-
umony given the day previous. This was also
r. fused, and | was called upon to show cause