The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-22

ecur 10 the statute BY act passed May l78S, al
uofy given te The PrssideDt Of the Senste the Speak
er of the Horse of Representatives, Cbati nan or he
Committee Of the Whole Chairman of select con-
mi,tee OF either bonse to adminser oatbs TO witnesses
in any case under ,heu examination /; and vii.
tut absolute snd false swearing before either is
tSaea T.,s ,s pe..ary; aaa IS puu.nsole saGn
swearing 10 punishable a. perjury. II then contemp
Of Tho authority OF ths HouAe-and the committee are
winessto eiuse to testify TO material facts within b
spowmeges The committee concur unanimously IN the
order the psry into custody there 70 reman unu 10
leased by the same sutbory, or upon the expiration
the present CongYese The committee reco mmend tn /,
adoption OF the following resolution
Resolved That the Speaker his warrant directed to
the commanding him to take into custody
e sane crthSh BET re said Bou.. .. the bar thereof to
answer for contempt of the authority Of this House.
Mr ORR not oonceivng 1t necessary to anything IN
support OF resolution, merely asked that be put
upsn It's passage This being done be should report from
the committee bill eHeciuay 10 enforce the a.
tendance OF Witnesses the ummons either
The bill was then read, and was In substance ~ fol
Any person w,uy refusing to give testimony or 10 pro
duce papers before any committee shall be liable for msde
sand dollars nor one hundred dollars and be i'm
ca ns not more one yssf r. nor % less
before any cour, Of justice for any facts disclosed be-
Mr.. NnIsos wished to know whether toe invesig sion
had disclosed the fact that The with In question
the author OF the tts mens renectng upon she inery
Of mbtrs Of the House, whether he hs assig aed
any 10 the committee for making such general
charges and sucn general b. each Of confidence In the
publication CT these se atoms while seeking protect
Dsei In refusing 10 answer the questions ri the 90
mi,ie by declaring 'hs! by doing so he would violate
o,ufdeneeS
Mr. OnR replied that he did not think proper to dis
close any testimony. The report stated that the
winess In contempt OF the judgment OF the com mtee Is
would mber that this Investigation had Its In
certs articles contained In that paper
Mr KxsNFrr, en- OF No suggested that the bill be
referred 10 the Committee utio ary.
Mr. JorIs (dem Of Tenu doubted very seriously the
power Of this House in the absence Of law - deprive
any citizen OF his liberty therefore he would not vote for
resolution bu, he would cheerfuy and cordially 60
with the committee prescribe pains and penalties
cases when Witnesses refuse 70 obey summonn aud not
testify.
The resolution adopted. Yeas 1874 Those voting
In the negative Burnett Of N T., Bennett Of MISS
Bocock, Boyce. Burnett Davidson EdmuaisJn, Elliott
Herbert J.weit Jones, Of renn, Keitt, Kelly, Qumsp,
walker. and Wright, of Miss.
The House proceeded to consider the bill repor,ei
fro n the Committee.
Mr. RroBE, (rep) OF Pa, a membea OF the Select
Cen miiee proposed amendment that nothing In the
act contained shall exempt any Witnesses from prosocu
ana punishment for perjury before the Com ntee
h or trgery by him oi soy matter he may produce
IL Mr RICE cleYed this la Difference TO the views OF
gent. men h0 had txoresscd doubts the subject, al
though he did rot believe the bill would exempt wit
usss,s nom such crimes.
be object bong to 1T yond doubi the powers about
which gentlemen differ with regard 70 the right Of tde
House 10 iuprtcn wiresses who refuse to testify or
produce papers before . committee The minority OF the
House 90 Lot believe sucn power exists without tho pas
Of rule or Law tie subject and hs lteu 'ed 20
move that persons thus offending may bs nprisoned Ia
jail for period roi exceeoir ak mouths
The srD HEs said the bill pead ng was general one,
eno gested whether the legislation at present ought
ret Ia be cop6nsd 70 this particular case.
Mr. oar replied, the committee may not be able to pro
coed In their investigation report facts to the
House, uness such bill be paused with view TO nct
greater punishment on recusspt witnesses than the CJm
mtlee suppose lne House has tne powtI ndc,.
Bar. QuuMAN (dem Of Miss believed that tue Speaker
nsde ccrrsc, decon as TO the ers Character OF the
bill He opposed to this rapid Legislation cover
/ Ma ~ n
people OF the country - well % the members OF the
Mr. KIssr,1 proposed that the bill be sent to the Com.
mittee on Judiciary with mt'uetors TO report IL forth
with.
10 that extent the investigation must fail If
the blu WAS referred would not be reported back 10
time for the Committee to avail themselves Of It's provi
sions He 70 show tho necessity and Justice OF ts
immediate psssge and ssd the country has the right TO
know who are the two members alluded 70 by Mr.. 81.
mt non. He protested against esntemsn becg suspect
cd OF wrong yet sufficient being afforded
asceitsn The truth OF these grave charges through the
public prefs.
Mr.. STANTON (rep) Of Ohio did lot bsievc II escnt,
After the adoption OF the resolution Of the C)mmtee thai
'hi. bill sfoud be passed 70 day or 10 uorro~. Hs
wished the bi 10 be recommtied bs,k 10 toe Select
Ccmu tee, 70 that they could return WHEN they
thought pr oper and that be printed e.ch
Der can have al opportunity TO read 1t.
Mr. BrNFHskY sA,lsaAu had noidea that the Com NIT
tee should be thus overs aughed, and moved thA, the
oill be then referred
Mr. orR offered resou, on, which was adopted, tha,
william Food, CLERK 10 the sergeant at arms, be
horzed and directed 10 execute the orders U the House
curing the absence Of Mr.. Glossbreuner, sergesnAi
ANS,
Mr. DAVIS, (dem) Of Md. a member OF tbesclcct Com
miiee ssld tha, the question whether tue House
viii remove any obstacle Iarown In the way OF iavess
cation or permit dead sand Hence tue Importance OF
Al iss int The acting sergeant at arms came lot, the
Hail with Mr. moltop he iormer Informed ,hs spesker
bat pursuapt b orders he had tue latter 10 custody
Much interest vas evinced during tbis proseedlng.
TIE sPrAKnR said the rgeant would take Mr.
simcrton before the select committee
Mr. OR willing that Er. Smonton shout appear
before u " purse himsef Of contempt.
Mr.. eURstrr, (dcm ofk'., denied the power OF the
Speaker TO issue suoh an order
Mr. HrxPHRxY MAtsnali-Has the speaker decided
what is 20 he dont with the sccusedr
The srrAKKR-1be Chair has directed the Sergeant at
Arms TO hold lin custody until the House ,hsn other
Several soptemon amid confusion, endea yored to sd
dsss the House, bot toe floor Was assigned 70 We Jones'
TEN c.seo who said the Sergeant at ms baving eve
cutei the Speakers bsd arrested and produced
Mr. simoDtor vt the bsr OF tbs House. and be submitted
spesker TO order tue Sergeant at Arms take this
out keep him IN custody n5eioite period Of time
The srKAxu-I have msdo no such order
Mr JoNr- The wiin,st IL here, and u he wishes 10
answer to tho barge be hssthe right.
The srpAKAr-The House can take such order II u
whbos
Mr. PrpSrTr moved that The prisoner be nov hssrd
snd IN publication OF his voting agsin the resolut on for
the arrest of Mr simopon, said, smons Other things
ttefe was not ubvnsl In this country where q party
,oui be deprived OF his liberty and punished without
Law on which The com iee bs ed their action in report
irg that resolution. He desired the investigation 20 bs
tbcrousb. Here wa. the place Tor the witness page
the cont cmpt beckuse he was already guilty Of IT,
M DAVIS Of Nd, said. thai they must dspjss II the
prisoner in some way He -as nos bsftrc tho H,us,oo
. process of attachment Hs offered . resolution drect
ing the SPEAKER 10 ghow Why he shosli not be
minated bis refusal 10 answer the question pro
pou nded by he eomm s,stsi in their report suf
thai be uil marpug 70 make bis answer
Deahwh hie 10 remain IN ITO custody of the Sergeant
a. Ans
Mr. Cmy,x (rtp) Of lid, agreed With Nc Davis, tbst
tho vtness sbSud have aBssefcd The qucrtops bat ne
vss an Az ercsn citizen aud sbcDi be heard defence
eithtr p,rson or ~ COUNSEL (Voices"rhss right y
Mr. WGtHuvEsx (rel } OF Mo did not undorrtsad Mr.
Dawn. re,ouiiou 20 prevent Mr. snonton from oeiag
hoard now but ony sivos bin the privilege t 10 NOR
row morning
Amer Iu7iher cebs,e the following was offered by Mr.
orr and adoC,ed, ny yea lso to nays Ia
Resolved Iha, The Speaker forthsit Inform Ma W 81
the charge c which he n arrested and round ~
him the quf ufsor"kre you ready show why further
shall not be had sins for alleged IT.
do heard BY counsel inel