Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1858-05-18

corrupt motives In the instances beretofore re
ferred to by me 1 believe thSs he is destitute
of any sense of honor which would prevent him
from betraying confidence knox that my
testimony will have tendency to COZ Wet him
OF corrupt conduct a member of the I,egisla
ture of 1856, aid that be is directly interested
In tins investigation, and in suppressing nv tes
tImony, or in modifying it far as il NAV sfect
him. L therefore respectfully request thai /
may pe excused from testIfying while he is pres
ent or Is allow ed TO act a member of the COM
mittee."
believe these charges could be sustained
and was ready, and still am to furnish the names
| OF the witnesses at any time when the LegisIa-
iure might be disposed 10 investigate them be-
fore Committee of which Mr. knowlton should
not be member.
knew the Committee had no pow er to ex-
clUdc Mr.. knowlton from acting with them but
l knew they had power TO exclude Tennev the
Clerk, and hoped they would exercise it but l
/ hoped Mr. knowiton sense of propriety would
induce him voluntarily to withdraw These
hopes were disappointed. Neither Tenney nor
knowlton voluntarily Withdrew, the Committee
refused TO exclude Tenney, or to excuse me from
testifying while they We're present. With this
action of Sbe Committee was dissatisfied. IT
is not mat erial now to enquire whether the ac-
/ tion of the Committee right or wrong or
whether my positions were rIelt or wrong 1t
| is enough that | sincere and that my posi-
| tlons were taken In good faith. If so / had a
/ I'Sh1 ~ INC suFtiN iSpf OF tDS JeglS-
| lature. The Committee was the creature of the
Legislature, and subject TO all its action to the
| superior control of It's creator. The Legislature
| could not only dismis. Clerk of the Commit
tee, but could discharge any or every one of its
members, temporarily or permanentlv The
Committee having refused to comply with nv
requests was then desirous of presenting them
! to the Legislature, and of submitting the evi-
dence upon which they were founded, and nv
reasons in support of them This clearly
my right, but what was the proper form of ex-
pressing 1t 1t was novel case the like
probably never before occurred No precedents
existed of the forms of proceeding. In review
ing the matter now that it is over and with the
/ advantage OF Ike experience derived from the
course which did pursue it occurs to me that
1t would probably have been better, 10 ask of the
Committee time to prepare a written commune
cation to tie Legislature presenting The whole
subject for their consideration with the facts and
arguments, though ] have idea the Commit
tee would have acceded to such request and
wbether they would or not such course did
not suggest itself to my mind at the time Seme
otser form might have been better to bring
these qustons before the Assembly. 1t is much
easier to detect cur errors in reviewing the past
than to avoid error in adopting course for the
future. In hunters language " our hind sights
are better than our fore sights" ] was pressed
by the Committee with the question Will you
take the oath p i was compelled 10 decide and
to decide then. ] had some objections to the
FORM OF the oath lis i presume the Commit
tee would have modified, as they subsequently,
did, WI en- ! was sworn ifthey had not, could
have waived them. / could indeed have taken
the cath, but this would have been supereroga-
tory unless j intend to testify, and worse, be-
cause it would have supcradded, nv voluntary
solemn undertaking 10 testify. Nv objection,
WAS to giving any testimony until could OBJ
tain decision of the Legislature in relation to
the validity of the objections / had raised to
Messrs, Tenney and Knowlton. Whenever |
I u, hat l~o.1,z 4
sustain overrule my objections, should have
felt it my duty to proceed with my testimony
The b. st form which at the time and in the
haste with which / compelled to act, that
occurred to me of presenting these questions for
the decision of the Legislature, W as to refuse to
be sworD and be thus guilty of technica con-
tempt / knew if the committee should certify
all the facts in rela ion to my refusal. that the
Assembly would have the charges before them,
which mad made, and a clew to tie means of
| sustaining them. supposed (it seems mistak-
enlyl that should be permitted to enjoy my
Institutional rights and knew that if was
and the committee should treat me so unjustly
| 10 certify the naked fact of my refusal with
out the explanatory circumstances (Which they
did) that could deny the accusation implied,
in such a certificate that my denial would
create an issue of fact which the Assembly must
try that upon such trial the evidence would
be adduced and | could =" be heard" If the
Assembly, after full hearing of the fact and
application, should chcerfully have yielded
my opinions to its judgment, and have gone be-
fore the committe, taken the oath, and given my
testimony. If, on the contrary, they had .us-
tanned my objections, l supposed they would
uass Joint resolution to remove either tempor-
arily or permanently, the obnoxious persons and
send it TO the Senate. IF the Senate bad refus-
ed TO concur, / should have felt it my duty TO
Weld If they should have concurrcd, all my
objections to being sworn or testifying, would
have been entirely removed, and the difficulty
been at an end.
therefore thought proper, for the sole pur
pose of presenting these questions in "A tangible
form to the Legislature for their decision and
without the remotest idea of committing any
real contempt Of the Assembly or of treating i,
or the committee with the slightest disrespect,
TO refuse to be sworn and testify, and then i'm
lnedately and hastily, in the presence of the
committee, drew up and handed to the chair
man a paper of which the following is a copy
/ respectfully refuse to take the oath tender
ed me by the committee for the following rea-
lst The committee have 10 constitutional or
otl authority to require me take the proposed
oath.
2nd / am unwilling to take such oath while
Horace y. Tenney is acting as Secretary or Jas.
Ii. Knowlton rs a member Of the committee,
and ] refer to the paper l have already laid be-
fore the committee.
If had been allowed more time for delibera-
ton, i should nave omitted the urSI OF inc rea-
sons stated, and | regret now, that it was inser
ted, because 1T tends TO complicate the subject,
and renders necessary a statement of the rea-
sons Why it vas inserted Up 10 ,ne moment
of preparing and presenting that paper, no word
of exception was uttered by me. against the au-
thorty of the Committee, and | had never
idea OF taking any exception to 1t, until after
their action had, in my judgment, rendered il
Imperative upon me take an appeal to the As
sernbly. Having determined TO do that, should
have been justified in submitting my refusal,
without reasons and in relyi sg upon the justice
of the Assembly. to recogniz, my constitutional
rights of stating my reasons for such refusal
But ] thought it due to the Committee as an act
of courtesy to state briefly the principal reasons
which / intended To submit to the Assembly.
The reasons | light have given, many or few,
or the nature of them, could no; affect the ques
ton of contempt. That arose, if 1t existed from
I . hn rofrra aal and from the Ii