The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-22

CUSTODY OF THE SERGRANT-AT-ARMs !
WASHINGTON, April 10, 1913.

WASHINGTON, April ~, 184s :
On my peremptory refusal, as shown by my
last letter, to take the oath first proposed, bind
ing myself to answer fully every question the
Senate might choose to PROFOUND, l was sworn
in the usual form, and the examination proceed
ed. For the purpose Of greater accuracy, de-
manded the privilege of writing out my replies
After much discussion, | being in the meantime
removed from the bar, my application was sternly
refused have examined multitude of cases
in which testimony has been taken by both
houses, and by committees, and in no instance
that have been able to discover, has the right
of witness to give his testimony in writing,
been called in question
Mr.. Senator Houston will recolect, that on
his examinati before the House of Represen-
tatives, when charged with breach of its privi-
leges in assaulting member (Which, although
an extreme case was no breach of privilege at
ALL, he was permitted to answer IN writing, as
appears by the record of the case in the House
journal
On Tuesday, Jan. IL, 1887, committee was
appointed by the House Of Representatives TO en-
quire into the condition of the various execu-
tive departments. II was period OF in
tense political excitement. The executive
departments were charged with the grossest
corruption and peculation OF the public moneys.
and sernest opposition ever witnessed In this
country. Personal rancor was on both sides
mixed up with political luminosity. Each man
regarded his political opponent as a personal
enemy, and no means of mutual annoyance were
left untried by either party yet the COMMITTEES
never dreamed OF refusing to witnesses the pri-
vilege Of furnishing the lr testimony In writing.
In tact, there was a rule to that tnect, and un-
der that rule witnesses were furnished with
copy Of the interrogatorles put to them, and
were permitted TO return reply alter many days.
1t appears from the journal OF the proceedings OF
the committee (Vol. 3, No l9i, "a Sess N!h
CoDg) that, among others, Bayhe Peyton APP
peared before the committee on the I'D OF Feb
1897, end handed in his written answer to a
question proposed to him by Mr.. Mann "a mem
Der Of the committee) on the Both OF January
previous. Thus il seems that Mr.. Baylie Pey-
ton, who had, IN his place IN the House oil Ne
representatives., repeatedly charged the executive
with gross corruption, and who was summoned
before the committee to sustain his accusation
on oath. was permitted not only to furnish his
answer in writing, but to take twenty three
days for it's PREPARATION, notwithstanding that
a majority of the committee were his political
opponents. Mr.. flanagan doubtless recol!ects
the circumstance He was a member OF the
committee, and voted for the rule. With what
consistency he could have voted In my case
against a right which he sustained while mem
ber OF the other House, Will leave as question:
for his constituents.
Again. the rule was established by the House
of Representatives in the case oil Reuben vi
Whitney, arrested and brought before the oooy
for contempt, in refusing to appear before CON-
mittee instituted to make inquiries In relation to
the employment OF an agent by the depositc
hanks. of which committee Mr.. Garland was
chairman. On the 18th Of February, 1887, II
was resolved, on motion OF MIR. Gnolson, = that
Reuben NJ Whitney be now PERMITTED to exa-
mine witnesses before the House In relation to
his alleged contempt; that committee OF five
be appointed to examine such witnesses on the
part OF the Houses; that the questions put shall
be- reduced to writing before the same are pro-
daced to the witness; and the dnsioers also shat
be reduced TO ,critng" Did not Mr. flanagan
contribute by his vote to the adoption OF tnis re-
soluuonl On the same day Mr. Whitney was
adore ssed as follows, by the Speaker oil W.
House, Mr. James X Polk, the insiigaior and
abettor of all the odlous and meanly oppressive
proceedings against me = ,-...-
Before You are called upon to axs~er IN any manner
10 the after OF this charge IL my duty ~ ne
presdirs ocer of this House. to inform you that by an