The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-01-29

through you, procure money for their votes
upon certain bills; will you state who these
members were?" And the said Simonton
made thereto the following response; IL can
not without violation Of confidence, than
which wonld rather suffer anything" In re-
spouse to other questions of similar import, he
said: 1.-TWO have made them direct; others
have indicated to me a desire to talk with me
upon these subjects and l have warded it off,
not giving them an opportunity to make an ex-
plicit proposition" To the question, "What
do | understand you to mean, when you say
these communications were made direct !"
Simonton replied, 81 mean that. after having
obtained my promise Of secrecy in regard TO
them, they have said TO me that certain meas
ures pending before Congress ought 70 pay
that the parties interested in them had the
means to pay; that they, individually, needed
money, and desired me specifically 10 arrange
the matter in such way that, if the measures
passed, they should receive pecuniary compeu-
sation."
The committee were impressed with the ma.
teriality of the testimony withheld by the wit
ness, rs II embraced TIE letter and spirit Of ihe
inquiry directed by the House to he male. but
were anxious to avoid any controversy with the
witness. They consequently waived the inter.
rogatory that day, to give the witnesses time for
reflection on the consequences of his refusal,
and to afford him an opportunity to look into
the law and the practice Of the House In such
cases, notifying him that he would on some sub
sequent day be recalled. This was the 18th of
January instant. On Tuesday, the goth inst.
the said j. w. S:monton was recalled, and the
identical question first referred to was again
propounded, after due notice to him that If he
declined the committee would feel constrained
to report his declnation to the House. and ask
that body to enforce all its powers in the premi-
ses to compel a full and complete response.
To that interrogatory he made the following
reply, and we give it in full, that no Injustice
may be done to Simonton in this report. He
said:
" Before stating the determination to which
have come on this subject, desire to say,
that | do not here dispute the power of the
committee, and | have not heretofore declined
to answer that question upon any such ground
| have all respect for the committee and the
House. do not decline in order to screen the
members my declination was based upon my
own convictions Of duty. Since | was last be-
fore the committee, in Difference TO their iudg-
ment and wishes, have examined the case of
Anderson rs. Damn, to which they referred me.
and have considered very fully what / ought 90
do in view of that decision, as well as in view
of other considerations. The result Of my de-
liberation upon the subject has been to confirm
me In the opinion, that whatever penalty may
suffer, cannot answer that question. beg
the committee to understand that | have no
other motive whatever in declining, but the sim
pie one that | have stated before: that do not
see how can answer it, without a dishonorabe
breach of confidence. The answer to the cues
ton can by no possibility be supposed to reflect
discredit on myself, and | presume that nv
statement Of that motive is corroborated by
the facts as they appear before the committee.
| must insist upon declining to answer that
question"
The report after commenting upon this state
ment, closes with the following resolution:
ResOlccd That the Speaker issue his war
rant, directed to the Sergeant.at-Arms, com
handing him (the said Sergeant AZ. Arms) 10
take into custody the body Of the said James
w. Slmonton, wherever to be found, and the
same forthwith to have before the said House,
at the bar thereof to answer as for contempt
ported bill more effectually to enforce the at
tendance Of witnesses on the summons of either
House of Congress, and to compel them to dis
cover testimony.
The previous question was then moved and
seconded, and under the operation thereof the
resolution reported by the committee was agreed
to-yeas l64, nays Is. Those who voted in
the negative generally explaining, as their
names were called, that they did not believe
the House had power in the premises.
The bill reported by the committee was then
read twice, and is as follows:
BILL more efectualiy enforce the attendance o. {
Witnesses on the of ether House OF Congress
and TO compel them to discover testimony.
BE IL enacted, Dc, That any person who may
be summoned as a witsCss by the authority of
either House of Congress, TO give testimony or
tn DrOdupa anv no nora upnu gpv r,aftar baf-,..
either House, or before any standing or select
committee of either House, and who shall viii
fully make default, or who, appearing, refuses
to discover all facts and circumstances within
his knowledge when demanded. I'm addition TO
the pains and penalties now existing, shall be
liable to indictment as for misdemeanor in
any court of the United States having iuria-
diction thereof and, on conviction, shall pay IA
fine not exceeding one thousand dollars, and
not less than one hundred dollars, and suffer
imprisonment in the peniteutiary not less than
one month nor more than twelve months
SEC. 2. And be Il further enacted, That no
person examined and testifying before either
House Of Congress, or any committee Of either
House of Congress, shall be held to answer
criminally in any court of justice in the L nitcd
States, or subject to any penalty or forfeiture,
for any fact or act touching which ne shall be-
required to testify before either douse or any
committee of either House, as Aforesaid, and as
to which he shall have testified. whether before
or after the date Of this act and that no state
ment made or paper produced by any witness
before either House Of Congress shall be com
petent testimony in any criminal proceeding
against such witness in any court of Justice
and no witness shall hereafter be allowed 20 re
fuse to testify to any fact or produce any paper
touching which he may be examined by either
~ r. II
House, for the reason that his testimony touch.
ing such fact or the production OF such papers
may lead to disgrace him or otherwise render
him Infamous.
Mr.. III. Marshall, Of Kentucky, moved that
the bill be referred to the Committee on the
Judiciary. He had no idea Of that committee
being overslaughed in the manner proposed,
and thought that the bill should either be re
ferred to the proper committee or not referred
at all.
Whilst Mr.. Davis, Of Maryland, was speaking
on the question,
The acting Sergeaut-at-Arm5 appeared at the
bar OF the House, with James W. Simonton in
custody.
The Speaker stated that, unless the House
should otherwise order, the Sergeant-at-Arms
would take the prisoner before the Select Com
mittee.
On motion of Mr.. Trippe, Of Georgia. h was
Resotced, That the Speaker do Forthwith in
form j. W. Simonton of the charge upon which
he has been arrested, and PROFOUND to him the
question, Are you really to show cause why
you s. ould not be further proceeded against
Tor the said alleged contempt, and do you desire
to be heard in person or by counsel, now or at
what time ?'
The Speaker then said: James W. Simonton.
you have been arrested by order OF the House,
and now stand at its bar charged with an al
legged contempt Of its authority and power, in
refusing to answer nuestionS propounded to