True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-05-28

the article below;
d" As Reeder was about to leave Tecum-
sch, an officer Of the Territorial organiza-
tion served him with a summons TO appear
as a witness before the grand jury at Le-
compton. Gov. Reeder informed the officer
that he declined to obey it.
Yesterday afternoon, as the committee
were in session, a deputy Marshal, appoint
ed by the Barons of Kansas, appeared in
court and served a writ of attachment on
Gov. Reeder, who was examining wit
ness at the time.
The Governor arose and informed the
committee of the fact. He said that he
had declined to obey the subpoena for three
reasons-informality in the writ, insecure
ty of person, privilege as member of Con-
gress. The writ was not properly address
ed to any officer it did not specify the
day in which it required him to appear,
and it was not properly attested. For the
same reasons he protested against this writ
of attachment. He said that he had been
recognized by the House ofRepresentatives
as claimant for the seat of Delegate from
Kansas and that, therefore, he was enti-
tied to the privilege of member of Con-
gress, conferred by the sixth section of ar
ticle l'of the Federal Constitution:
" They shall in all cases, except treason,
felony and breach of the peace, be privi-
legged from arrest during their attendance
at the session of their respective Houses,
and in going to and returning from the
same and for any speech or debate in
either House, they shall not be questioned
in any other place."
He claimed that he was protected from
arrest under the clause relative to protec-
tion in going to Congress for he maintain
ed that it included all preliminary steps
requisite in order to obtain u seat. He
therefore claimed the protection of this
court.
The committee consulted together for
several minutes when Mr.. Sherman said ::
The application Of Gov. Reeder that
this committee secure to him the privilege
from arrest, places us under some embar-
rassment. lie is here by our invitation,
and to aid US in an important duty. But
for us he would not be here. We are re-
qured among other things, to take testi-
mony touching the contest between Gen.
Whitfield ana himself, and heretofore we
have had the benefit Of their attendance
and aid. While they are asserting their
claims and producing evidence 10 sustain
them, they have contributed very much to
elicit the truth. To be deprived, in any
way, of their aid would seriously hinder,
delay, and obstruct us in this investigation.
And yet, while this committee is in
session and Gov. Reeder is engaged in ex-
amning witnesses before us, Deputy
Marshal comes into our midst to serve on
Gov. Reeder q writ of attachment issued
by Territorial Judge. This writ, if ELL
forced, will compel him to leave his duty
here to attend as witness before another
tribunal. 1t is by the order of the House
of Representatives that we are here, and
in consequence Of that order that Gov.
ReedeI is now within the jurisdiction ol
the court which issued this writ.
The sessions of the committee are open,
and their duty and course of proceedings
are well known to Judge Lecompte. 1t
may be proper to mention that majority
of the committee were at Lecompton, where
his court was in session this morning, and
that no mention was made Of his desire to
secure the attendance Of Governor Reeder
or that lie would issue an attachment fol
him.
The question is upon us without notice
and without time for reflection.
While Iregret the attempt TO enforce
process on Governor Reeder, yet do no
see how the committee can aid him. ThC
question of privilege is q personal one
which we have no right to determine. l
must rest entirely between the court ant
himself. / similar process was served Of
me, although admitted to be privileged from
arrest, l would probably obey the process
and plead the privilege which the Consti
tuition confers before the court. This, how
ever, is a question upon which the com
mittee can take no action.
Under the circumstances in which Gov
Reeder is placed, / am of the opinion he
privileged from arrest, ind that his dut
requires him to attend our sittings and nc
those of the Territorial Courts-but of thi
he must judge for himself.
Mr.. Oliver, of Missouri, very brief
stated that he differed from Mr., Sherman
opinion, that cOntestng Delegate WI
! covered by the Constitution in the matte
of privilege. He held, that the sittin
member only was entitled to the privilege
given in the sixth section of the Constitl
tion.
I AS to the legal question, however, tn
| Court was not the proper tribunal to decit
such a point. He merely expressed h
, opinion as Mr.. Sherman had expressed h
views on the subject.
, Mr.. Howard, of Michigan, said
The great business of this committee
to collect facts, and not to make judici
decisions, The question here raised is nj
4 II -