New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-03-13

Investigating Committees are the order of the
day and We appear to have one at last in operation
at Albany whose proceedings are calculated to at
tract public interest. at late hour on Thursday
evening, the Assembly ordered Mr. John A. Ken
nedy Superintendent Of the Castle Garden Emf
grant Depot, and James Hamilton, who seems to be
also an employt Of the Emigrant Commission, into
close custody for contempt in refusing to be sworn
as witnesses before the Special Committee charged
with investigating the dOiDgs Of said Emigrant Com
mission and il agents. Whist further occurred will
be found in another part Of this paper. We pro-
pose to comment on the general features of this
transaction.
The Emigrant Commission is a State Board lts
Commissioners state Officers, and its emptoyts viz
tualy the same. They are necessarly and prop
erly under State control and supervision. We do
not therefore, accept Mr.. Kennedys doctrine that,
because this Investigation is in purpose and effect
an Impeachment of the conduct of the Emgrant
Commission and it, Superintendent therefore said
Superintendent is justified in refusing to be sworn
unless he can be allowed to appear by counsel and
confront the investigation at every step. To allow
this is to fetter the Legislature and practically de-
priye it Of the power Of investigation. We can
not accede to this.
If Mr.. Kennedy were private citizen, az are
Mr. WolcOtt and others who have been called be-
fore Committees of Congress, there would be far
more plausibility in his saying, as Wolcott did,
"You are requiring me to disclose my private
business, which decline to do" We do not think
this will hold but all must realize that the opposite
assumption is liable to very great abuse and may
easily degenerate into tyranny. Legislative
Committee must not be fettered by a Witness
Judgment Of what is private and what is public in
his dealings; but such Committee should be very
careful to exact no disclosures, require no answers,
that it is not sure are essential to the discharge of
it's public duty. But Committee dealing with
public functiOnares and looking into their manage
ment of public institutions, labOrs under no such
restraints and need not indulge any such scruples.
We have no doubt the animus of the present
foray on the Emgrant Commission is bad-that it
is irnpelled by the runners, baggage-smashers,
GROCERY keepers and clearinghouse extOrtioners
who used to reap SO rich harvest out of poor
immigrants before the Castle Garden arrangement
came in their way. We would not have them
giatiied in any event Even if it were proved that
every official connected with Castle Garden had
stolen by wholesale, we should say, I" Send the
" thieves inside of the Garden to Sing Sing, but
" keep the thieves outside awsy from the pas
" sengers" But we do not presume that there has
been anything wrong in the management at Castle
Garden, though we insist on thorough investlga.
ton. We believe the Commissioners and the
to be honorable and upright men,
and trust the result of this investigation no matter
how searching, will confirm that belief. With the
cayeat we accord with the reasoning generally of
the writer of the following: