The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-24
TtIlRTS-R@UHTH CONGRESS.
SECOND agsSIOS.
me CoRRrPn(
WASHINGTON, Jan. 20, 1867.

Ine senate proceeded the consideration OF the House
Dill Inc more especially 70 the attendance Of wit.
nesses summoned by either house and compel them to-
disclose testimony.
MI HALE pep) Of a., expressed hope that some
friends Of the bill would explain its object and oe ueoes
sty OF its passage. He hkd no other kuovledge of the
crcumse nces under which brought for ward than
what was derived from the newspapers OF the day. but
it seemed that the rules Of Congress which rcoure
bal shall have three separate readings ON three sepa
rate days, unless by unanimous consent had been dis
persed with. 1t passed through the House and sent
here and reported back from the Judiciary COMMITTEE
In about days. He expressed opposition to all such
hasty legislation, which hurried through TO meet
particular transactions AS he understood The BILL II
which has been considered necessary 10 the protection
individual rights In court 10 every slate the I'm o. aud
to strike down the prn ple which has been held sacre
for centuries whertv common law 10 practised, and
that Is the privilege which protects witness from
swsring in matters which snail crmina:e or disgrace
himself. The bill provided that witness shalt
not be held liable any criminal indct-
ment for anything he may disclose, shall,
He dia not believe Congress have the Tignt TO Dc any
such thing The bill creates offence, aAd says
q guilty Of this offence shaa be liable 70 Indictment
it, amor in any court Of the United sts.es
having jurisdiction Of It, but what court has jurisdiction
Of an offence which has not until been created The
proper course would have been for the bill to confer
such jurisdiction The bill contrary to the spirit or
liberty, contrary to The spirit Of law and contrary
witness he shall not from answering because
his testimony may crimnate himself The bill made
exception Of confidential communications between counsel
and client and would compel priest OF the Catholic
church to disclose confessions which have been impaired
70 him under the most sacred obligations which bind
the conscience OF man. He did stand here psrti-
coar advocate Of the Of the city OF New YORK. He
DID not fee under any particular obligations TO hat press
or that particular LOCALITY, for he was UNANIMOUSLY
Assaed by Of the papers OF that CITY, and when he
took rotce Of the matter and came out, and coared
an investigation the paper only took O,aoEgards
nor did he wish 10 indulge In that wnolessle
denuncaon Of press which some had seen m 70 use
He believed that newspaper editors very much like
other classes OF people, containing many Of the re-
spectacle and worthy TO be found In the community
rs well ~ many Of the most corrupt scoundres on the
face Of the earth. daughter Tbere some CON
ductors Of the press whom ne was proud to number
among bis friends. He would not denounoe people
for he did not believe charge In ne wspapers
against members Of Congress unworthy Of CONSIDER
alien or but he would say that Congress should
now make this ssue with the Newspaper reporter who 10
in tody, should make such issue with street
scavtnger or the humbest individual in the community
Congress put itself in thai and pass tnis bill for
the purpose Of crushing that Newspaper reporter the
end Of that conflict would be doubtful he will have
the public sympathy, whether be right or wrong II
this bill pass no matter how wrong he 10, Congress will
be infinitely more In The wrong than he With nie goose
quill he could be more potent an the Sergeant alarms
with his mace and ali the ensgna authority because
in the passage Of this bill congress would step the
namely that no shall not be held 70 in any mat.
ter which may crimnAte himself; and the protection OF
", III
tied the support OF every good authority. That
protection Of the law goes far that thai not be
oovnd to answer In any matter which may disgrace him
law evidence. Under no circu instances would he vote
for bill which he believed contained vicious principle.
Under pressure Of circumstances ike those which
the present case he preferred 10 adopt old
maxim, "hssttn slowly in legislation upon impor-
Of The cizen" While be va, perfectly wilirs 10 pass
Law WHICH should be potent enough In IL penalties Va
Oompe .ns disclosure Q. ~ the .S which either mouse
conrded TO them by their constituents and the consutu
ton.
ing an investigation relative TO crimes which said
to nave been committed by Of their members
In this investigation they had found Themselves suddenly
brought up by the refusal Of witness disclose CERTAIN
facts which he admits 70 be within his ledge In
msndsd By their honor ana their interest TIE House have
proposed 10 pass new law TO meet the This bill
was not liable 70 the obectons which have been made
BY the Senator from New Hampshire ID not an
ezrca tacto law because IL did mot mako tnst action
criminal which waA innocent before and !, was the
universal rule In all courts OF justice that 10 perfectly
competent at any time for egisaion to sner the remedy
rovided In eyssting laws Now tho case was, that In
endesyorinx 70 Asoet.in the truth Of tue charges hal
certain members Of Congress guilty OF corruption
and bribery for attempting 70 be bribed the House called
up - they had right 70 do, by law some OF t,e very
snsver, on the ground that point Of honor prevents
thieves from telling on one another. This principle
TO prevent the DEMONSTRATION OF pubic justice.
This gentleman who hes been ntrusted with this felony
cannot, for hcnors sake disclose H. large portion o.
compel him to and for that purpose this DILL had
been Introduces and because seemed that the present
punlshmeptn inadequate. tnh seemed 70 be the Only
mode which they could ascertain the truth Of this
Allegation, because the bill provided that whenever In
future any wnness shall brought up and refuses 70
tsstfy be shall be liable TO certain penalty The law
In seine OF the states oompeis confederstss In crime 70
testify against each other whatsoever maa may swear
TO cannot make him infamous unless he 10 infamous
ALREADY and In better for public justice that his nAmy
sboud be exposed than ,hs, consequence OF screening
himself The guilty should be allowed 10 escape rho bill
Is prospective In ns very terms post fcto a,
has been slegtd Be thoughtn proper thss the House
Inc pr,. s"S H. ,rs
20 about these halls When Is charged that spring
" poisoned ut IT, source II proper tbs. witnesses
should be compelled 10 testify
M 1EuNBrLI (rep) Of Ill said he was Ia favor OF the
object Of the BILL and perhaps should for was.
In his Judgment each branch OF Congress has right
10 pro,sct itself. and witnesses. and imprsou
them Tor contemp OF us authority. Bat " the bin In.
,bs," \. rom
ron hs own testimony, goes TOO far.
Mr.. HAu, in response to nr. Tcombs, said he noe
ready because the authority Of The House. had been de-
bed 70 usmple down the principles when are essential
70 the protection Of individuals Did any one supposo
irven from NJ hey sbOuid only az the penalties for
ll coming time, eesating from wisdom and pcYenoe
Win cslmness and sober Judgment and no. from the
passions OF the hourn which latter Cong may
20 beaten BY nsolent defiance OF Ia power II public
approximations were correct he believed Mr. snoutou
.@ wrong and the House right; but he believed that
he bi should pass the position would be reversed and
he prisoner maGnned into hero Severe the denun-
aions Of the press are, IA an institution notwihstand-
~. II has q hundred eyes end Q thousand tongues.
seer, hears and flashes what is here
aid throughout the oouniry. The press
wi I've % long - Congress will i've and day longer.
aushtr) II viii record, he said our dissolution, and
he hero Of the press will be the maa sgsinr whom Con-
ress In the year OF grace 1857, will undertake, bya
ll OF pains aud penalties. 10 put Gown. He willing
10 80 far a. any man could riehrully Co. though be
houeht at one time he would punish any man for
ontempt OF the Senate An individual named Nueent
mmued hsfrant breach OF privilege, By pubehfng
reaty IN the kKv YoBE BERAID. The mement he vas
rrtsed many wtuie men said the arrest vas without
minority. The Sergeant al Arms gave him no best
DOM In hs house. and tho best meat and liquor that the
ny could afford and The senate had n foot tho bln
laughter) He sued out q writ OF habcas corpus and
he Senate rave the lawyer I've hundred dollars. The
rsoner held ul the end Of Congress- ard ihen let
,ose.
Mr. BAYspp. (dem.) Of Del did not spprohcnd any
ian Vas IA become hero By this action Of Congress-