The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-22

tumacious" witness Wolcott in the Jail of the
District of Columbia, but it is a difficult mat
ter to get up sympathy for a man who evidently
engaged in an operation which the law declares
TO be felony, and whose only chance of es-
Gaping ts penalties lies in his silence; or in the
fact, if it should turn out to be SO, that he de-
ceived his employers and put the money in his
own pocket, instead of the pockets of members
of Congress. 1t is time Congress should adopt
some step to relieve itself from the degrading
position public opinion was assigning it, and we
therefore trust it will not rest content with
lodging the Massachusetts, man in prison, but
will also turn its attention to the case of one Of
its own members, Mr.. Stewards abide camp,
Orsamus B. Matteson.
1t was stated that Wolcott intended to apply
for writ of habeas corpus, and test in a court
of justice the power of the House to imprison
him The highest court in the United States,
however, long since determined this question,
in the case of Anderson VS.. Dunn, which is re-
ported in Wheaton. The Supreme Court at
this time was composed of Chief Justice Mar
shall and Justices Washington, johnson, Liv-
ingston Todd, Duval and Story, and it is scarcely
probable that decision unanimously arrived at
by such eminent judges would be set aside now
upon precisely similar case-and the case of
Wolcott is exactly similar so far as the right of
the House to arrest and confine him is con-
cerned. Anderson had been summoned to ap-
pear before the House, and having refused to
obey the summons he was arrested by the Ser
geant-at-Arms on the Speakers warrant, and
kept in custody till the House saw fit to release
him. He therefore brought an action in the
Circuit Court against the Sergeant-at-
Arms. The Circuit Court decided that that
officer was authorized by the Speakers warrant
to make the arrest, and that Congress had
right to imprison him. He took an appeal to
the Supreme Court, which affirmed the finding
of the court below and'heid that
To action of trespass against the Sergeant Of
the House OF Representatives for An assault and battery
and false Imprisonment it legal justification and bar
period Of the complained Of arc that the House
Of Representatives. had resolved that the plaintiff had
been guilty Of breach Of the privileges of the House and
same had ordered that the Speaker should issue his
warrant commanding him TO take the plaintiff into
tody wherever be found and 10 have him before the
said House 10 answer the said charge
The opinion of the Court is very full, going
into an elaborate argument upon all the various
phases of the question as to the power of Con-
gress to summon witnesses and punish for con-
tempt. 1t held that the express grant of power
given in the constitution to each house of Con-
gress to punish its own members in no wise
weakened their power also to punish others.
The Court remarked
The truth that the exercise OF the powers given
their own members Of such delicate nature that a
constitutional provision became necessary There
is express grant OF power 70 punish in zone class Of
cases only all the Furnishing power exercised
Congress in except those which relate to p
Iscy and offences against the laws OF nations Is derived
from implication.
Having thus declared the right of Congress
to punish parties other than their own mem
bers, the Court thus expressed its opinion as to
the method and extent of the punishment
The present question is, what is the exteu, OF the
Furnishing power which the deliberate assemblies OF the
Union may assume and exercise on the principle Of self
preservation Analogy and tho Of the fur
nsh the answering least possible power adequate to
the end proposed which Is the power Imprisonment
= And even to the duration Of imprisonment
period imposed by the nature Of things since the ox
OF the power that mprsons indispensable its
continuance and although the legislative power
perpetual the legislative body 10 exist the
men' OF It's adjournment or periodical dissolution II FOL
lows that Imprisonment must terminate with that adjourn
ment.
1t will thus be seen that the House of Repre-
sentatives have only followed the precedent
already confirmed by the Supreme Court The
"contumacious" witness can be held in custody
till the 4th day of March, 1859, when, if it
shall appear to the House that he has in
any way been implicated in the disbursement of
the Ss7 900 for the purpose Of bribing members
of Congress or any other officers of the govern
ment, he can be handed over to the United
States District Attorney, to be prosecuted for a
felony, under the provisions Of the law of Feb.
2G, 1863.
The provisions Of that law are not generally
known or we would not have been troubled
with the arguments put forth in certain quar-
tiers, that the House Of Representatives cannot
take cognizance of Mr.. o. B. Mattcson's con-
duct previous to the meeting Of the present
Congress. The 18th section of the law of 1853
is quite applicable to Mr.. Matteson's case, If II
is true, as has been given in evidence, that
pending the passage Of the tariff bill last SEES
sion he proposed to secure certain votes at
thousand dollars a piece. He was a member
elect OF the present Congress at the Tune, and
therefore the House can adjust his account
without exercising any doubtful powers The
9Th section of the law in question is as fol-
lows
Sec 8 That II any person persons shall directly or
indirectly promise orer or give, cause procure TO
be promised, offered or given, any money goods right
acon bribe present or reward any PROMISE contract
undertaking obligation or security FOR the payment de
livery OF any money, goods, right In action,
BRIDE present or reward, or any other valusble
thing whatever, TO any member OF the Senate
or House OF Representatives Of the United States,
after bis election such member and either before or
after he shall have qualified and taken bis seat or 10 any
officer Of the United states, person holding any place or
trust or proh or dschargng any official function under
connection with any department OF the government
Of the United States, under the Senate or House of
Representatives Of the United States the passage Of
thh act with intent 70 influence his vote or deci
sou on any question, matter, cause pro
ceeding which may then be pending, or
may by law, undcr the constitution Of the United
aies, be brought before him in his Official capacity or in