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

Hp,ebp,er, ". Jsgs. " ponO., Lev at Ls..I NJ
sell sec sitn stsrts Stewart Va Aerrso. Van y.ke
b'rsh WORRIES. weir. wolcc't wOlfora-l5o
| The Sergeant alarms marched or bis 'rlsoner
before the bar Of the House. The resoluti, N wa
read, ard the Speaker asked Mr.. Kennedy if b. ba
any excuse TO offer why he should not be decla re-
IN contempt of the House, when that gentlemI
spoke az follows:
have t. state, Mr.. Speaker that appeared before
| the Committee yesterday IN answer to lts subpoena.
When ] did 80, the preamble and resolution which
was offered by Mr.. Smlth. and read by the hous
was reac to me- found. in that preamble aud res -
luton, tina: the administration Of the Castle Garden
Depot was charged with grave oiferses. Actlng, a.
90, a. Superintendent Of that establishment, re-
garced my sel o. specially and -pechcay luphc Ated
IN the charges embodied, equally with the COnmis-
soneIs, who acted in that institution only through
me- So believing, / asked the COMMITTEE That ]
might be present during the entire sessions either IN
person or by course. The request wac refused l
then informed the Committee that would adopt such
might deem effective 10 bring their refusa!
before the House. To-day | was cited before the
Committee a. witness. When entered the Com
mitieerOom, found to be present only the CoInuht,
tee aid two reporters All others had been excIuoed
from the room when | entered it. The Commlttee
esked me TO b. sworn. / respectfully declined 70 be
unlesa, one of the parties accusec cOuo De
represented by counsel Upon this refusal, the Ser
geant-a,-Arus Of the House was sent Tor, ana was
put under arrest by the Committed was put 10 Ms
charge am here, as an American citizen, 10 SUD-
nit to the decision of the honorable Assembly.
The SPEAKER then announced TO Mr.. Hamilton
that the House was ready 10 hta what ne iiau "
say for himself to which he responded that he de-
sired TO be heard by counsel Here followed long
debate by large number of members on the sub
ect of permitting the prisoner to be heard BY cOun-
sci the object of which debate was not clear to
YOUR correspondent, as all tue speakers favored
granting the request. with the single exception OF
Mr.. Smith, who opposed the motion, remarklng
4 - IL IL.
for himself and insisting that he should offer the
same excuse that Kennedy had made, which caused
deTislye laughter.
The debate was finally senced BY the previous
question, and the motion of Mr. Wolford allowing
Mr.. Hamilton to appear by counsel was carried, 80
to 4-tbe negatives being Messrs. Bachelor De
laney Mills and Smith. A resolution was also
passed allowing the witnesses counsel before the In
vestgating Committee, and they were dismissed, to
appear again AT ii o'clock to-day for the further
action Of the House.
On the meeting of the Assembly this morning,
Mr.. HANFORD, from the Committee on Commerce
and Navigation, announced that that Committee
were not disposed to indOrse the charges made in
Mr.. Smiths resolution.
MIR. BEACH said that the Commissioners had
mailed response to the principal charges against
them which had been detained in the NewiOrk
Post Office from February u to March III, in
sequence of the postage being three cents short and
that if the communication had reached its destlna-
ton in proper time there probably would have been
no investigation ordered.
At II o'clock to-day the prisoners were at the
bar of the House, and the SPEAKER asked Mr.
Hamilton if he was ready to offer his excuse, to
which that gentleman replied that after having con-
suited with his counsel he had drawn up written
statement, which read by the Clerk.
Mr. WAGER moved that the House being salts
fec from Mr. Hamiltons statement that be intended
no disrespect to this body, he be now discharged
from custody, which motion preyaled-lll to l
G Mr.. McNett)
Mr.. EsTY, from the Committee, stated to the
House that he had favored the request OF the wit
nesses for counsel and wished his position to be
understood. A further hearing was granted to Mr..
Kennedy who spoke as follows:
Mr. Speaker, when made tie statement last nlght,
which had the honor to submit TO the House ola 50
without consulting my legal advisers as 10 the frame
and substance of it. Since the adjournment oi the
House have had the opportunity TO consult with
them and am advised by them to say further, tnat
in Directing to be sworn did not make the 0oltctioh
with any design TO offer offense either TO the Com,
mittee or to this House; that was solely Influenced
by reeard for what conceived TO be my rights az
citizen of this State being entitled to have counsel
present before that Committee, not only while WAS
under examination but at all times during the exami-
nation of other Witnesses for the purpose OF ecting
the whole truth regard to the transactions OF the
administration of Cattle Garden 1t was not my pur-
pose therefore, to offer ofense to the Commute or TO
the House in thus declining. | was advised by coun-
sci. before entering the Committee room, that wa
entitled 10 counsel asked for it and 1t was refused
me- and saw no other means then ready in order to
bring the matter before this House to take order upon
It. than TO make the refusal did.
regarded that when the question OF the rights OF
citizen TO have himself protected before an lnqustlon
was brought before this House, they would accord
him that which would be allowed petty larceny thei
IN the Court of Sessions. At rate Sir IL was done
he mot M piy House Oitelse
placing myself position where the House could do
Justice to me. If l was wrong in that view, L sm
partly to blame myself and partly my advisers. nave
rot any desire to avoid an investigation; what want
is thorough investigation 0ne-slded lnvestiga
ton such as knew likely to be the result, where
but one member of the Committee land he committed
understood the matters they were lnVestlgauhg-the
other members of the Committee being entirely unac
ouapted with the affairs connected with Castle Gar
den One Of the members Of that COMMITTEE mas
made the study and purpose of his life the
Emgrant Depot from lts present locaity ana, poss
BILE suppress 1t. knowing this to be the feeling,
could not risk my reputation in such hands, and on
that ground desired that the matter come before ths
House in order that might be properly protected IL
have erred in this am ready tomake every ackno"
leogment the House may require.
Mr.. CHANLER of New-YOrk moved that Mr.
Kennedy be discharged from arrest, which was
stoutly opposed by Messrs. Wager and Delaney,
on the ground that Mr.. Kennedy had not purged
himself of contempt, nasnuch as be had not an
nounced his willingness to respond to the subpoena
Of the Committee. Mr.. Kennedy assured the House
that the omission on his part was entirely AL over
sight BY advice of his counsel he desired to state
to the House distinctly that he WAS ready at any
moment to be sworn aid to testify under lts order.
Mr. CHAMBERS motion to discharge the prisoner from
arrest was finally adopted by Yeas and Nays as fol-
lows:
YFAS-Messrs Abbott, Adams, Austin, Rabbit, Baker,
D b. BALDWIN Becker, Bell Bliss. c BoashtQn n Bonon
Briggs Burlington Case chaner Child: Church coPPeTaol
Duryta Engs +. s. Esty d. Fish, FTalee, Ollie GODDARD