The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-12


Indian Affairs am not in favor Of this resolution
understand il now 10 read believe the resolution - 10
appoint committee OF three, sub committee OF the
Committee on indian Affairs, 10 investigate during The re-
cess the charges a. ainst Governor Ramsay
MI. ADAMS II the honorable senator will allow me,
viii correct him in one particular The pIopos hon
lis membeIs Tor this nvesiig alton My proposition u TO
strike out that appointment by The committee and insert
proposition thar the Senate shall appoint committee OF
three from its body.
Mr.. COOPER Let that be as il may. the indian Com.
mlee certainly Is not making any proposition oil tbs
kind And Tor one am opposed to The committee which
proposed b. The amendments WHEELER that committee Is
consist OF members detailed from the Committee on In
dad Affairs or from the body OF the Senate. do not
think, however, that there is any difficulty, the Senate
chooses TO do So IA eonerng the power TO do this VIZ
TO authorize the committee TO pursue this Investigation
duag the by OF commissioned appointed TO
take testimony upon nterrogato filed That has been
by both houses OF Congress, and during the late
oil Congress OF The committees OF The Senate
undertook send, AID dad send commission 10 Mexico
investigate certain facts IN relation 10 charges pending
az ainst an individual now on his trial lpesame they
did not in that transcend their duty and authority.
But think il would be altogether better 10 authorize
the Indian Committee 10 continue their investigation in
this way, viz lei them be authorized 10 appoint com
missioner, court or as Judge would do, TO take
testimony upon inierrogaiones MED and IN order that
the investigation may not be heightened out
ry 10 embrace the whole OF the lime I'LL the next
session. and unnecessarily the EXPENSE the wit
nesses could be named That, suppose. we would be
prepared 10 do in twenty four hours. think know
self most OF the witnesses that would be necessa 10
be examined IN order TO present the facts Of inns Whole
case 10 This body It's meeting in December next
That think would be the better course Tor us to pursue
Certain II is am opposed TO any committee sitting during
the recess; ana concur IN every word uttered by my
friend from Virginia Mr. HUHTERl on the general pro.
pney OF continuing the functions OF certain members Of
this body dunns The recess. think, however, be was
mistaken so far as he spoke OF continuing legislative
functions IL is not any legislative junction that II Is
proposed 10 continue, but judicial junction, quasi
judicial function, such sometimes exercised by THIS
body through its committees certainly agree with him.
h,N IN fha
nulng committees during recess. There are also many
besides those which that honorable senator urged
which might be urged against tins Practice and winch
lie doubt thought Of But wall not detain the Senate
longer at this lime
Mir. BADGER Mr.. President, besiles The difficulties
in the way ibis proceeding which thrown out by
the honorable senator from Viz mia mir HuNTERl aud
The honorable senator from South Carollna, INIT But
II seems 10 that there Is sill another which may
be presented II ssit by honorable senators here thai
the on ioal propose ion was adoPedihal OF delesaias
member oil The Committee on Indian Ahsls Tor Tins
purposeiheEe would be power IN The delegate OF The
cJmnee 10 compel The attendance OF witnesses, or 10
punish witnesses Tor cJnemp, OF their attendance
aud refusal 10 That Is true, and i Is equally
true when applied 10 committee OF The Senate when
iling during OF the Senate. Now, II man Is
called belofe conn iee OF the Senate as Witness
aud ne rtiuses 10 come, coming refuses TO answer
tuai committee has power 10 punish him for contempt
or 10 compel bin them. They must resort 10
the body from which This commission Is derived and The
authority of that body must be Invoked 10 compel recu-
SAINT witness 10 discharge the dulles required OF him
and II he still refuses TO DO then 10 lnlct Inc neces-
sary punishment
Therefore if we adopt this resolution is proposed
10 be amended by the senator from MISSISSIPPI mr.
ADAMS and appoint this committee and your three gen
emen compos ug that committee shall go into one OF The
States where II necessary Tor Them 10 proceed m hi
Ayesl CATION, unless witness Is willing TO attend they
could not compel hm 10 do II he did attend and
refused ntdrIog pTopounded 10 him, they
could not compel him to answer them and the conse
quence would be, that II would depend entirely upon the
pleasure OF The persons called witnesses whether
they would attend at all and they should attend, bow
many and what iniarogatorles they would answer.
Nov, If tins committee was proposed Tor The purpose
OF making inquiries in regard 10 general matters OF inter-
est before the country and matters OF policy IN regard TO
future legislation, think this would not furnish so
strong a ground for objection it, But this is tor the
purpose OF nvestga alton into alleged olhcal delin
quency or imputaon OF crime Al independently OF all
other objections this proposition which have been
stated and winch 10 me 10 be strong and qule IN
cradle, this ought to be sufficient the SEN
ale from proceeding either OF the modes Indicated, be
cause when you undertake 10 examine charge affecting
the honor character and official station OF individual
that examination ought TO be conducted IN such manner
As TO enforce the examination OF all who ought TO speak,
and their answers 10 all necessary questions.
Mr.. BRODHEAD Who could enforce that
Mr.. BADGER. The Senate could DO S. II that body
is session; but in the of The Senate there is
power that could enforce II, as think II IS perfectly
clear that cannot devolve power upon committee
10 punish contempt, except by express provision OF law
10 that effect W. cannot even confer upon our commit
tees The power administering oath except by law
Bat the law which authorizes The chairman OF select
committee the chairman standing committee 10 adj
minister oath does not authorize either HIM or the
committee 10 compel The attendance o witness, or 10
punish him for contempt upon his attendance lie refuses
10 answer. Therefore, | suppose the committee would
be entirely poNeTless far The exercise oil any COM
pulsory power is concerned
Mr.. SEBASTIAN, think, from the character OF the
discussion which has taken place upon this resolution, 1t
Is utterly impossible thai come 10 any accommo-
datlon or understanding to what course We shall pur
sue. must confess have been somewhat surprised al
the special consider which has been bestowed upon
this question-one which, in It's nature Is OF very ue
lmpoflancejust like great many other Investigations
which have taken place before this body. However,
rose to say that If the Senate, by unanimous consent
then submit motion IRON the Committee on Indian Al
fairs, which think will determine thus question without
any further embarrassment 10 this body VIII, there
FORE move that this whole matter be laid upon the table.
Mr. BRODHEAD Before that is done, would like
10 know what the honorable senator intends 10 propose
10 be done by the Senate lieu OF this proposition II
he prepared indicate wba, he intends 10 propose
shall be pleased he will do so before tins matter passes
eyond control.
Mr. WALKER. | am satisfied, from the nature of
this discussion and the character OF those engaged IN
It
The PRESIDING OFFICER. (Mr. NoRRrs in the
chair The Chair would 10 the honorable senator
from Wisconsin Mr. WALKERl that the motion is 10 lay
this subject upon the tabe-whch motion - not de-
balable.
Mr. WALKER do not understand the senator from
Arkansas Mr. SEBASTIAN 10 make motion to lay this
subject on the table, but merely TO ask the unanimous
consent OF the Senate to have that done.
The PRESIDING OFFICER. The Chair understood
the honorable senator to ssbm that motion.
Mr.. SEBASTIAN | will withdraw that motion for
toe purpose OF accommodating my friend from Wisconsin,
lMr. WALKER.1
Mr. WALKER A. was saying from the character
OF the discussion and The who have