Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1860-04-06
4 he Powers OF Congregational hives.
tIzatIng Committees.

From time to time il has been doubted
whether Investigating Committees aopointed
by Congress have the power to compel the
attendance Of witnesses, and whether, after
obtaining their attendance, they can compel
them TO testify. The latter question has
been held afirmativeiy by both Houses, and
both have asserted their power on various
occasions, by imprisoning recusant and OBJ
stinate witnesses. Ia such cases the Commit
tees have held that the refusal of witness TO
answer inierrogatorics. is contempt Of The
House appointing them. and subject TO pun
ishn1ent. The question has recently under
gone somewhat elaborate discussion by the
Senate, and this view has been sustained. as
it had been by the House several years ago.
By the telegrsphic news published yesterday,
il seems that the other question Of the right
To compel the attendance of witnesses. is also
soon to be definitely decided. b. L. SAN
BORN having been summoned to appear be-
fore Senate's Harper's Ferry Commits tee, and
-ciu> ed TO obey the summons. he was arrest
ed at Concord, Mus. Much excitement was
created by this event. and S. was rescued
from the officers of the United States until
9 writ of habe0s corpus was obtained from the
Supreme Court of Massachusetts,, which is
now being considered by that tribunal. Re-
Gently this question was incidentally raised
in one of the New York Courts, and after a
review Of all the leading cases on the subject
Judge HOFFMAN announced his opinion az
follows:
I'm my opinion the legality of The proceed
ing in question here may be rested upon prin-
ciplcs which may not lie shaken. The Gov
eminent of the United States Is supreme
within its sphere of action. Ii is the Gov
rrnment of the people, and emanated from
them. Its powers were delegated by all, it
enacts for all, and il represents all. What is
thus true OF the aggregate, is true of each
component part Of that Government, In Its
appropriate sphere; what is necessary TO en-
able either branch to fulfill iis functions and
di-eharge its duties. is impliedly vested in
that branch by the will OF The people. What
is necessary does not import absolute
physical D. cesSily, 30 that one thing cannot
exist without the other. Ii stands for any
means calculated to attain the end, appro-
pirate al plainly adapted 10 it land not pro-
hibited.
Now, the power of investigating through
Committee is essential to wise legislation.
The power to call Tor Information from others
flows from necessity. Hence the old formula
Uf authority to send for persons aud papers.
But TO rob the process OF such committee |
of all compulsory effect, 10 reduce it to q re-
quest. to deny all means Of enforcement, and
all power TO punish FOL disobedience would |
lie to render inquiry often fruilless, to exclude
rources of information. and 10 impair or de- |
frat the objects of legislation. In my judg- |
meht, neither branch OF Congress has the right |
10 di-claim The power / assume il to possess, |
and which in this instance the House of Rep |
re<entatives excrcised. Ii is pow, clothed |
with trust, aud vested for the fulfllment OF |
u trust. IL Is idenIical with or mauifestly |
Important to the discharge of that trust. 1t
cannot he renowned without importing the |
means of duly executing the Office commit
{. d 10 that body, and therefore may not be |
relinquished without breach of duty"
We regard these views as entirely sound.
and have but little doubt the Massachusetts
Judiciary will concur in them. To save
trouble hereafter, however, it might be well
for Congress to enact law upon ibis sub
ject, d, timing the Powers of committees, and
the rights and privileges of witnesses in this
respect.