The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-23


ing by attachment BY q parliamentary body. II subst-
uted adene for indefinite punishment an efficient
for inefficient punishment IL proposed the quiet Ior
mality of judicial proceeding instead OF the irregular
which occurred in the House yesterday in the at
tempt exercise such jurisdiction was necessarily Incl
dent any parliamentary investigation IL would give
TO the power punish according 70 the gravity
of the offence make it question Of time In rea-
ton to the beginning end Of the session, without any
of reference the merit dement, OF the party ana
depending entirely upon the accidental time In the course
of the duration of Congress which he might be called
upon testify. He presumed therefore, that II would not
increase any burden upon the citizen, but nat IL woud
throw guards around him. and punishment TO be
measured equibly and in accordance with the
gravity of the offence and make il more sure than any
penalty which could be inflicted by the House In add
ton il would the citizen from the political arena
where parsanshp might carry punishment to degree
that it might choose to inict and place him before TIL
bunal TO be passed upon by jury OF his countrymen
j MI. wASHBURNE Of Maine, then addressed the House
in favor of referring the bill TO the Committee on the Ju
dietary stating that it his intention to vote for the
of It's provisions He thought that the bill was faulty and
hoped that the motion that it be referred TO the Committee
| on the Judiciary would prevail.
the committee TO substitute the words common JAIL for
penitentiary suggestedS the from virginia
Mr. MILLsos and also to add the following secuon 70
the bill proposed by the gentleman from Virginia. Mr.
| LETCHER
SEC. g. And be further enacted, That when witness
shall fail to testify provided in the previous sections Of
this BILL shall be reported to the House, shall
be duty the Speaker of this House. the President oil
Senate certify the facts under the seal House or
whose duty it shall be to bring the matter before the gran
jury for their action.
/ Mr. GROW, of Pennsylvania did rise to prolong
the discussion of this question He wished to understand
what disposition be made of territorial business
Yesterday the select committee reported bill which gem
temen wished to pass the spur Of the Moment under
great excitement OF indignant virtue but after nights
reflection another bill was brought forward He regarded
this evidence that the subject ought to be refer
red to the Committee on the Judiciary.
al t,attf p,sfr I'm
some general law of this description called for but
cursory reading Of its provisions had satisfied him that
not specially guarded and that it had too wide an
extent in its operations He reviewed at considerable
length the features of the BILL contending that it should
be referred to the Committee the Judiciary which could
report upon it as soon possible He desired TO have
bill passed that should put privileges Of the House be-
yond question and its dignity beyond cav AT the con-
clusion of his remarks Mr. NJ moved the previous ques-
| ton.
q The previous question having been seconded
Mr. ORR then remarked that he entitled TO the floor
the bill having been reported by him from the select COM
mtee.
Mr. DUNN, of Indiana inquired of the gentleman from
South Carolina whether the committee had considered
what would be the effect of the bill confidential commu.
ncaons legal counsel the secretservce fund.- and
on matters known only TO the executive departments OF
government If the bill protected these points he would
vote for it.
Mr. ORR replied that in Investigations before Parlia-
ment communications to lawyers do not exempt wit
from testng relative thereto and this was differ
from the practice of the courts AS to subjects in
! fdence, the gentleman from Indiana had suggested
an extreme case not probable to occur. II was his
3 individual opinion that Congress had the right to
know the application of the secretservce fund. Ex-
elusive Of himself there as much ability in the
members of the select committee as in those composing
the Committee the Judiciary In fact the former were
better able frame bill similar that pending than the
latter for they had recently looked into all the authorities
bearing the subject 1t necessary that the bill
be passed in order to ferret out and the
truth of the impuations upon members of Congress
the bill should pass they might recall the witnesses The
committee had found the necessity for law such as this in
pnro honn ha nj
this bill into defeat of the He would ask the
House. therefore, to vote down the motion to REFER pass the
BILL let it go to the Senate and give efficiency and
. vitality to this investigation.
Under the operation of the previous question: the ques-
ton was taken on the motion to refer the bill and lives
| decided in the negatiye-yeas H. nays l32
The question next taken on the amendment of Mr..
DAVIS Of Maryland, and it agreed to- when the BILL
amended read the third time and passedyeas 1873
naysMessrs Bennett of New York. Bilnghurst Of Wscon-
sim Bliss Of Ohio, Burngame of Massachusetts, Cox of
Indiana, Edwards of New York. Hughston of New York,
Mississippi Walbridge of Michigan and Watson Of Ohio
{ IL.
Mr. ORR moved to reconsider the vote by which the bill
passed. and lay that motion of the table, which
motion was agreed to.
il The following is the bill as passed:
BE enacted by the Senate aud House Of Representations Of
the United States Of America Congress sssebled That
house of Congress give testimony produce papers,
upon any matter before either house. any committee Of
either house of Congress- who shall wfuy make default
who, appearing shall refuse to question peril
nent to the matter of inquiry consideration before the
House committee by which he shall be examined shall in
addition to the pains and penalties existing be liable to
Indictment for misdemeanor in any Of the United
States having jurisdiction thereof and conviction shall
fine not exceeding thousand dollars and not less
than hundred dollars, and suffer imprisonment In the
common Jail not less than month than twelve
months. &H6b
n SEC And be further enacted That person
ned and estng before either house Of Congress-
committee of either house, shall be held cfmnay
in court of justice subject to any penalty forfeit
for fact act touching which he shall be required
to testify before either house of Congress- committee
Of either house, which he shall have testified whether
before after the date of this act and that statement
made produced by Witness before either house
before committee of either house. shall be competent
testimony in any criminal proceeding against ouch witness
in any court OF justice and witness shall hereafter be
allowed TO refuge to testify to any fact to produce any
paper touching which he shall be examined by either
of Congress, any committee of either house, for the
son that his testimony touching such fact the production
of such paper tend to disgrace him. otherwise render
construed exempt any witness from pun
shment for perjury committed by him in tesiying aoe
said.
SEc 3. And be IL Further enacted That when witness
this BILL and the acts shall be reported the House. shall
be the duty Of the Speaker Of this House, the President
the Senate certify the fact under the
Senate the district attorney for the District Columbia
whose duty shall be to bring the matter before the
4 jury for their action.
i TERRITORIAL
Il The House then resumed the consideration of business
relating TO the Territories this being of the days
apart for that purpose,
The SPEAKER stated that the reception of reports rela
ting to territorial business from the various standing
4 mittees in order.
II Mr.. HARLAN, of Ohio from the Committee on Public
To