The Washington union., 1858-02-16

YEAS-Nossry Bthnghur1t, S~k
Connecticut, Montgomery, Mott, Murray, ana NNn"s-lo
rsx oosruxAolous wixnSL
The SPEAKER stated that In accordance with the
olution of the Housc of Friday last the Sergeantat
Arms again presented John Wolcott within the bar Of
the House
OF the witness which read.
The OF Mr. Wolcott twenty three man,i-
script pages 1t reviews the powers under which the
committee act and attempts to show by constitutional
and statutory provisions that the committee can only
legally PROFOUND question pvtaNu to the subject mat
ter under investigation that the given were
full to all pertinent questions propounded ana
that the given to the question specially under con-
sderation fully and perfectly negatved any illegal use
of the money either In fact made on contemplated ana
therefore that the fully met any conceivable ie
gal and pertinent question that could nave been pro
pounded had q categorical answer been given. He dis
claimed any intentional dsrespect to the House com
mittee and claimed full justification in the mature
Judgment of the House.
no opportunity for meeting of the committee for
sultation to what action might be necessary on his
part but anticipating from what had previously passed.
the nature of the reply he had consulted with many
of the members of the committee he could and there
fore submitted the following resolution
Whereas John has failed satisfactorily the
Questions pSpoanasd M 70 him by order o. THIS House. and has n
SSss ns' '' the contempt WIN ~h' 'Asfe
esoesd Ta, John woco be committed by the ssrgeanta,
close custody until he shall signify his willingness 70 the
committee and his detention this resolu
R,od That whenever tho ohctr having the said John VOL
willing proponded and all
s . q % % s sy # % % 5 John
woco the Arms Of this House whose duty
appeared examination TO hold him
custody subject to tho further order Of tho House.
Mr. STANTON addressed the House at considerable
length in favor of the adoption of the resolution arguing
hot tn i'm
ness The grant of legislative power to Congress had
nothing to do with the present He admitted that
Congress could not confer upon the House powers in
addition to those granted by the constitution could
it confer any powers other than that necessarily incident
to the judicial power granted Bnt judicial power from
its nature sovereign and supreme. 1t implied the
right to investigate inquire and consider but how was
the House to inquire Investigate and consider if it had
not the power to compel witnesses to appear and testify
What sort of tribunal would that be which had not
such powers? Who would submit his rights to court
that was bound to decide upon such testimony the
witness himself chose to gve The idea Of such judi
cia tribunal to decide upon such information and tes
timony was a bald absurdity. The power to inquire,
and try, and investigate necessarily clothed the body
authorized with power to compel witnesses to at
tend and testify. If this was judicial power which
the House was exercising there could be doubt
about the right to attach witness for contempt This
right had been exercised for thousands of years 1t
true that in many States of the Union there statutes
passed to limit the exercise of power and provide the
mode in which it should be exercised but lawyer
would claim that any specific grant OF power WAS needed
to enable court to exercise It, The committee had been
raised to inquire whether not $87 900 had been
pended by Lawrence, Stone Co. to influence the legs
laton of Congress, The proof before the committee
showed that the of $58 900 had passed into the
hands Of this witness and the whole basis of the inves
tigation depended upon knowing how that money was
expended The gentleman who WAS supposed to have
written the reply of the wnas had high legal repre-
sentative but in his judgment his did not add to
that reputation 1t little late in the day for the
House to begin inquire whether it had jurisdiction OF
the subject of the objections which the witness had
raised That inquiry should have been made when the
committee was formed He took it for granted that the
witness Intended to test the power of the House before
the judicial tribunals of the country, and not feeling will
ling take the responsibility of prolonging the discus
sion of the subject he should the previous ques
ton knowing that If the House disagreed with him they
would vote it down.
Mr. BILLINGHURST, of Wisconsin, desired to submit
an amendment.
Mr. STANTON said he would hear it read
Mr.. BILLINGHURST then moved to amend tho reso-
luton by inserting the following after the word
mitted -
Until the termination Of tho present Congress-"
Mr.. STANTON said there no necessity for that.
Mr. JONES of Tennessee, inquired, if the main queB
ton was ordered, whether Mr.. STANTON would be en-
titled to an hour speech.
Mr.. STANTON. do not want it,
Mr.. JONES then moved to hy the whole subject on
the table which motion was not agreed to.
The question recurring upon the demand for the pre-
vious question, it was secondedayes 81, 74-and
the main question was ordered
Mr. JONES, of Tennessee then moved that the resou-
ton be laid the table which motion was not agreed
to--yeas 81, nays 158.
The resolution then agreed to-yeas 133 nays
55-as follows
YEASMassrs Ah Anderson, Andrews BarksdaIe Blinghurs
Bingham Bonham Branch ayton Burlngamc Burns Burroughs
Clark Of Connecticut Clark Missouri, Cemens
Craig Missouri Crawford Curtis mrell Davidson Mary
land Indiana Davis Of Mississippi Davis Massachusetts,
Dewart Dod lrfee, Ein,undson Elliott Eusts
Farnsworh Faulkner, Forcnce Foley Foster Gsrtrc dings
Gis Gilman Gler, Goode Greenwood,
chusetts Harlan Harris OF Illinois Hatch IIawkns Hickman HILL
CLANCY pennsyvan Kellogg Kelly Klgoe Knnkei Of
Pennsylvania Leach Loveoy Mcqueen Illinois Niles
Miller Montgomery Moore Morgan Morrill, Norris Pennsylvania
Illinois, Murray Nblck Parker Pcyon Phelps Phillips
Pike, Potter Pote Powell Puryance Reagan, Reilly Rcaud
RUSSELL Sandidgc Savage Soaring Shaw Of
Illinois, Of Ohio Shorter ckes Singleton Smith iii
land Taylor Of New York. Taylor Of Louisiana, Thaye Tompks
Wade Waldron Walton, Warren WISCONSIN, Wash
Illinois, Washburn Of Maine, Watkins, White Wnsow
Woodson, Wright of Georgia, and Zoiiconos-lsc.
NAYSMcssrs Abbott Airain Atkins, Avery, Bennett Blair
Bowie Campbell Chane
Cawso Clay Cocker Covode Crase Carolna Garry
Davis Of Iowa, Dowdcl, English, Gooch Goodwin Grow
Hughes Jewet Knapp Of Mary
Letter Letcher Marshall Kentucky, Maynard Mison
Maine Nichols, Pendleton Quiman Rcady Robbins Royce
Seward shaw Of North Carolina Smith sawo
Wabridge, and Wright Of Tcnncssee-56.
The question recurring upon the preamble 1t was
agreed to.
Mr.. WALDRON, of Michigan, presented certain reso
utons Of the Legislature of that State In relation to the
extension Of slavery granting the public lands to actual
settlers the Pacific railroad &c. and they we're laid ON
the table and ordered to be printed.
Mr.. NIBLACK, of Indiana, introduced bill to con-
he eofre of