Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-01-23
WASHINGTON NEWS AND GOSSIP.

TleLaw-We were unable until last night
TO devote sufficient time to the examir alton of
the project for a law to compel disclosures on
the part Of witnesses and punish contempts
Of the authority Of committees Of Congress,
yesterday passed by the House, and, there
fore, have so far RETAINED from commenting
upon it a., extsnSo While fully recognizing
the necessity for legislation-if House OF Con-
gress do not now possess the requisite power
to compel the disclosure Of such facts as the
witness held in custody by the Deputy Ser
geant- at-Arms refuses to disclose though al
leging that he possesses a perfect knowledge
of them, we are also aware of the usual
impolicy of framing general laws to meet the
exIgeDcies Of particular cases, as we'll as of
the necessity for particular caution in enact.
ing this particular description of law-one
proposing to punish offences which all exist
ing laws regard as misdemeanors rather than
crimes, and which, from the days of Magma
Chdrta to the present, have rarely been pun
ished without as wrOngfully in some instances
as rightfully in others, deifying in the popu-
lar mind the PERSON punished for them, as a
martyr.
The tone and temper manifested by the
House yesterday ia the consideration of the
committee bill, did not strike Us favo1abIy;
because We thought we discovered general
apprehension on the part of members that to
insist upon thorough scrutiny into all the
points Involved in the easure, might be popu-
larry regarded o. an indirect effort to obstruct
the investigation with which the committee is
chsrged-a state Of the legislative mind that
cannot be tco mach depIored, when displayed
or an OCCASION so grave and really requiring
far more than usual caution on tbs part of the
House. The few amendments. which were
successful, conclusively proved that it was
originally hastily and very imrerfectly
framed
Thus, ore cured defect which otherwise
would have made il work an entire exemption
Of punishment fer the crimes Of forgery and
perjury, while another also cured a defect
which violated fixed principle of the juris-
prudence Of every country governed by fixed
law since civilization began. This principle
recognizes conteDpts as misdemeanors rather
than a. infamous crimes Without curing
this defect, We are satisfied that the proposed
statute could never have been enforced in this
country, because il would have struck at a
popular doctrine as old and as firmly rooted in
the minds of American society as the princi-
ples Of civil liberty on which cur institution
are based.
Indeed, as il now stands, il seems 10 Us to
be far from perfect-so imperfect as TO be like
ly to prove dead letter on the statute book
Thus, 1t delegates to one court the power to
punish contsmpts of the authority of another
tribura'; thing heretofore unheard of in ju-
risprudence, if We are 10. mistaken The pun
ishment Of oontemp.s is a matter of high pre-
rogatiVe, and great delioacy and responsibility
and cannot be delegated, or there is no sound
ness IN the universal custom Of the law which,
up to this time, has everywhere vigorously de-
volved that duty on the tribunal whose an :
thority IL set at defiance in The particular
case. 1t makes 1t the duty of this other tri
bunsl to punish any refusal to answer any
questions whether asked by Congressional
committees in violation of the legal and con.
situtional rights Of the individual, or not. In
this particular, it is both sumptuary and op-
pressiye, and, therefore, cannot fail to become
80 unpopular as to render q conviction under
il we'll nigh matter Of impossibility in AIRY
case.
Three-fourths Of the investigating commit
tees raised by the House since the commence
ment Of the Government, have been notorious
ly but tricks Of the party temporarily in the
majority there to make political capital against
the opposite party. Such was the character
Of the never to- be-forgotten committees on
which George POindexter and the Hon. Henry
A Wise figured so conspicuously many years
ago. such, too, was the character Of the re-
cent Kansas Affairs investigating committee.
1t members laboTed, with might and main il
seemed TO US, each to bring out, not &c the truth,
the whole truth, AID nothing but the Truth -
but merely such nominal testimony as seemed
likely to damage the cause Of the opposite party
IN the late presidential canvass. Thoughtful
and moderate men everywhere have come to
look on the lsbors Of such partisan committees
IA A-Nh VIC LSIO IldCc lOctQ.
This is evident in the fact that their (nomi-
nal blocking developments have in every csss
been entirely forgotten by the public, while
all public men Ct all parties vote them GOO d
enough hOrgans only for the occasions piyiny
birth to them. None IF them have ever con.
Quoted their Investigations upon strictly legal
principles ard rules governing court. Of Law.
and 1t IL nc; unusual for them 70 vioIa,s ~
carrying out their PsrtiEan ends, the pr;ocir,.
Of allowing the accused TO confront ,bo =.
cuser while the latter is giving mis- tss,imonv
and TO have the benefit of counsel tbroucbcn =,
all the proceedings affecting his rights and
;iaIdiIg. Hence, in part, arises the universe,
want of confidence with which the public 70,
ceive the reports # such tribunals.
A glance at the report OF the lat. Kapsa,
Affairs investigating committee, will he sufi
eieut to satisfy the unprejudiced of the sound
ness Of our criticism in this immediate con
nsetion for from beginning TO end, we cal