New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-22

recalled and TIE tcenN 'e' ~ 'S'cSrcd
10 v.s again propc unded afi due toice 70 bin thst
IL be declined to snswer the Con msee would ieo csa-
sraired 10 EepOTt his dscinaon to VOC use sod ssk
that body Ia eufcTcc all is 20 Ees 10 tne promises 10
compel a fEl and complete IesPon'e 40 In"i nt1.
rcestory be made the following reply, ana We s've d
in full that no injustice may be dons 10 sir Smoatoa
in this report He said:
Before stating the determination to which I
have come on ths subject, j desire 70 say that
l 90 not here dispute the power Of the Con.
mitsee, and L 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 10 the members Nv deciin.,,
is based upon my own convictions OF duty. Siocs
was last before the Committee 10 defereaoe 10 ,heir
Judgment and wishes have examined the ease OF An
derson versus Dunn 20 which they referred ma asi
have considered very fully what ought 20 do Ia ysy
Of iha, decision well in view Of other considers
tons The result upon my deliberate ns upon the sub
iect has been 10 con6rm me in the opinion that VII,
ever the penalty may have 10 suffer. cannO, answer
that question. | beg tie Committee to understand
that l have other motive, whatever ia de-
Ginning but the simple one that have stated
before, that | do not see how | can aaswr
il without dishoDorable breach Of confidence The
answer TO the question can by no possibility Do sup
posed to reflect discredit myself snd presume ths
my statement of that motive !, corrobOcsted by the
taCts as they appear before the Committee must in
sist upon declining 10 answer tbst question"
The House will perceive that the foregoing statement
shows the matealty OF the testimony and the duty OF
the Committee 10 insist upon lis disclosure. IL shows
withhold such testimony rightiully and properly, and
the absolute necessity for the ouse 10 inerpose with
prompttude and fmness its authority If II tnteadet
To expose and punish the corruption which msy exit
smopg its members by ordering the investg stoa your
Committee have been pursuing It's due to the dignity
and reputation Of the American Congress TO purge
itself of such unworthy members they have thus
shamelessly proSuted their bigh and honofed posi-
tons 10 such bare purposes. The country hs right
10 know who have betrayed the trusts conded 70 them
by n cir constituents. The honest men OF the House
should aid by the exercise OF all the powers with which
they are vested To secure the of the supposed
guilty parties and thereby shield the general reputa
ton of the body, well ss their own cnaracters from
unjust and improper imputation and suspicion The
Com nitee consider IL unnecessary 10 enter into an
elaborate srsuGent to establish the power OF the House
In this case. The summons was issued undsr the hand
Of the Speaker and attested by the Clerk OF the
Houle and the contumscy of witness Is contempt OF
that authority II there Is a doubt whether thu
authorizes the arrest of party Ia contempt and his
confinement until the contempt purged, beside the
right 10 nhict other punishment aiterw&d, seems 10
your committee ID st none Will question the authority
of the House when they recur 10 tie Senate. by IN
Act passsd May 1898 auth ity s zen 10 tho Pos
ideIt of the Senate the Speaker OF the House Of Rsp
resentatives, a Chairman of the COMMITTEES OF tho
Whole, or Chairman OF select COMMITTEES
of either House, 10 administer osths to Witnesses
in any case under their examinations and wltliul,
absolute and false swearing before either Is
declared perjury, and is punishable 90 such.
Here express authority TO swear witnesses, aud false
-
tempt of the authority OF this House and the Com-
nuee are acting and for the House IN this ioves.
CATION for witness TO refuse to testify 10 msterA
facts within his knowledge The COMMITTEES concur
unanimously in the opinion that the House clothed
with ample power 10 order the party into custody,
there 10 remain until released by the same authority
or upon the expiration OF the present Congress- lho
Committee recommend the adoption OF inc following
resolutions:
Pssd That the Speaker is.se his warrant directed to The
commanding him to .he iats custody the
forthwith before said House. toe bar thereof TO answer
for a contempt OF the authority Of this House.
Mr. ORR not conoeivinS it necessary to say anything
in support of the resolution merely asked that DO pH
upon its passage. This being done he should report
from the Committee bill more efectuay TO enforce
the attendaI CO of witnesses on the summons OF either
House.
The bill was then read, and was in substance o, fol.
lows:
Any person wilfuly refusing to give testimony or TO
produce papers before any Committee shall DO haols
10 indictmen fer msdemeanor, and conviction py
fine Of not than 81 OOO nor less than sloo sud
be Imprisoned in the Penltenuary not more than one
year. IoT lees than month. No persnn thus test-
lying shall be held TO answer before any Court Of jus
tice for any facts disclosed before the Committee VI
either Hcuse.
MT MILLSON wished to know whether the inves.
tgaton had disclosed the fact that the witness 10 ques
ion was the author Of the statements rejecting upon tho
integrity Of members OF the Houfe and whether he bad
assigned any reason to the Committee for making such
general charges, and such general breach Of couh-
derce in the publication OF these allegations, while
see king to protect himself ia refusing TO the
stions of the Committee by declaring that by doing
90 be would violate confidence.
Mr. ORR replied that he did not think II proper TO
disclose any testimony. The report stated that
the wltnes in contempt Of the Judgment Of the Com
mittee is the correspondent of The Nee. York Times
and the House would remember that this invesg alton
has its origin in certain articles contained In that pa
per.
Mr. KENNETH suggested that the bill be referred
10 the Committee on Judiciary
Mr. JONES Tenn doubted very seriously the pow
er Of this House in the absence OF any law to deprive
any citizen OF his liberty therefore he would not vote
for the resolution and he would cheerfully and
daily 20 with the Committee 70 prescribe pains aud
penalties in where witnesses refuse TO obey sum-
mons and not testify.
The resolution was adspted-Yeas, 1914 Those yot
ing in the negative: Burnett On ~, Bennett Missl,
BocOck, Boyoe Bennett, Davidson, Edmundson u.
lott, Herbert, Jewett, Jones TENN Keitt, Kelly,
Quiman Walker and Wright Mass
The Houfe low proceeded 70 consider the bill re-
ported from the Committee.
Mr. RITCHlE q member Of the Select Committee,
proposed amendment, that nothing Ia the act con
tanned shall exempt any Witnesses from prosecution
and punishment for perjury, before the Committee on
Forgery, by him of any matter be mag produce.
Nj. RICHIE Offered this in Difference 10 the We've
OF gentlemen who bad expressed doubts the subject
Although be did not believe the bill would exempt WIZ
nesses for such crimes.
Mr.. COBB ga gave notice Of an amendment, the
object being 10 put beg ond doubt the power about
hch bentlten dlnel WIN regard 10 the rlgat Oh inc
House TO impnson wtnr.es who refuse 10 testify CT
produce papers before Committee Tie minority OF
this House do lot believe such power exists without
the passage Of rue or law tho subject, and he In
tened TO move that persons thus offending may be I'M
prsoLed in jail for period not exceeding SIX months
: The SPEAKER said the bill pending was general
one and suggested whether the legislation at present
ought not to be confined to this particular csee.
Mr. ORR replied the Committee may not be able 70
proceed their investigation 20 ~ to report the facts
10 the House unless such bill BIZ passed with view TO
hhict greater puLIshmert recusant witnesses than
the Committee suppose the House hss BoS the poSa