The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-31
THE NEW LAW TO OBTAIN EVIDENCE In CUN-
GRESSIONAL INVESTIGATIONS.

Senator Pughs objections 10 tho new Tau concerning test-
mony.-Maoriy report Of the Judiciary Committee.
Thu undersigned, member Of the Committee on the Ju-
dietary disseus from the recommendation of his colleagues
in favor of the House bill entitled "An act tctuay
to enforce the attendance of witnesses the of
either house of Congress- and to compel them to discover
testimony" reported the 22i instant. sarg-..ral
The second section of the bin contains three prorosios
together with provso. The propositions are:
i. That persons examined and testying before
either house of Congress- any committee of either house.
shall be held to auswer crimnay in any court of nsce
subject to any penalty forfeiture for any fact act
touching which he shall be required to testify before either
house OF Congress- any committee Of either house. to
which he shall have testified whether before after the
date of this act tran. .s-,... x ag .#,5r@
O. "And that no statement made or paper produced by
any witness before either house. before any committee
either house. shall be competent testimony in any criminal
proceeding against ouch witness any OF justice
And witness shall hereafter be allowed refuse
to testify to any fact or TO produce any paper touching
any committee of either house. for the that his
testimony touching such fact the production of such
paper may tend to disgrace him otherwise render him
Infamous" a .& @@" ,'
These all in alteration of the rules of evidence
riding TO the law administered in courts
Of Justice. 'aH .e -@ rat .#
The last proposition is to deprive witness of his un-
doubted privilege to decline to any question when
the itself would prove him be Infamous The
undersigned cannot agree that any tribunal should be
powered thus torture Witness and compel him to the
alternative of perjury exclusion from the regard OF his
fellow Our judicial hayo never found this re-
quisite to the sscertanment of truth the administration
Justice 1t be requisite only to the qualification of
wanton curiosity Of desire opp.ess and ruin the
witness In the of congressional committee espec
ally such power bs denied because the committee
is not confined courts are to specific ISSUE but may
exercise IN unlimited freedom Of investigation.
The first two propositions Objectionable dlso At
common law witness be compelled to answer any
question when the answer would subject him to punish
afford evidence against him in criminal prose
cuon These propositions design take away that priv
ilege and to substitute (6rst) immunity from punish
the witness for all transactions thus disclosed and
eecond) exclusion of his statement evidence in
any criminal prosecution. The undersigned objects for
two reasons '1s"+ .. ..@l rt&a s. s.f 55als u5y
l. Congress can make no law to shield witness from
prosecution in the courts Of the several States pre-
scribe any rule Of evidence for those courts 1t cannot
give the Witness therefore, any equivalent for the CON-
monaw privilege Of which this seeks deprive him.
g. The provision will operate in practice an advan
age those who most guilty and least scrupuous
enabling them to escape the just consequences of their
crime by betrayal of their less cupable associates
II is the system frequently pracsed of granting par
don that of prisoners who will testify
for the prosecutiona syscm the mische of which are
SO have induced general opinion that the
greatest knave the frat 10 become the States evidence
The undersigned is thoroughly convinced the result
of all his professional observation that the testimony Of
accomplicc SPIES detectives and the like TO which
alone this section OF the bill be required amounts TO
mere falsohooi nine times in ten. 4.
The undersigned ia anxious confer the committees
of Congressend especially committee like that which
1t understood the House of Representatives has ap
pointed all such powers necessary to proper and
rightiul Investigation; but he cannot consent any
committee with the powers OF court of high commission
court Of the chamber and far less as here pro-
posed with powers which exceed those claimed by the
most arbitrary Of English tribunals.
If the second section omitted, and verbal amend
made each Of the other sections the undersigned
would give the bin his cordial endorsement ~
Respectfully submitted g. e. PUGH