New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-05
RIGHT AGAINST pRERoGArrvE.

The House Committee of Investigation, whereof
Mr.. COvode Of Penna. is Chairman, insists, we
learn, that Mr. Augustus Schell of this City shall
produce and deliver list in his possession of con.
tributors in this City to the Fund raised here to
carry Pennsylvania for Buchanan at the October
Election of 1856. The Committee, it is under
stood propose to invoke the power of the House to
coerce Mr.. Schel to produce the paper demanded.
If they do this we trust the House will pause and
consider well before taking the action required.
Dir. ScheIl, though now Collector Of this Port, was
private citizen in 1856 those who contributed the
money he raised for the Pennsylvania canvass were
likewise mainly private citizens. 1t is not even IN
evidence that the money was used improperly,
though we presume good part of it was; there 10
of course no shadow Of proof that it was contrib
uted BY public officers, or that it came, however
circuitously, out of the Federal Treasury. BY what
right, then, under what color Of reason, do the
Committee undertake TO constrain Mr.. Schel to
give up this private paper and blazon to the world
the names of private citizens under circumstances
calculated to expose them to odum2 If they have
been guilty of conspiracy or corruption, why not
indict and try tbem7 If the object is to fish out
evidence on which to base prosecution, we object
that the mode is Illegal unconstitutional, and the
whole procedure fraught with danger to the rights
Of every citizen.
We speak thus freely, because the SUBJECTS Of
the gravest Importance, while our relation to the
parties in conflict enables us to do so without expo
sure to misapprehension. Mr.. Schel and bis con-
l.. Cd tha
mittee who are pressing them to the wall are our
political friends But right is right, and this pro-
cedure seems to us quite another thing. 1t is an
attempt to make party capital by an abuse OF
power-a dangerous stretch of doubtful preroga-
tive.
The fact may as well be stated, that this whole
business of developing political scandal BY legisla.
tive Investigations has already been about run into
theground. Intelligent, fair-minded men are grow
ing sick of it, In so far aspublic functionaries and
other recipients of public money are required to
give an account of their dealings with the Treasury,
we uphold the claim to the fullest extent. Even
this may be abused; but it is sllutary, conserya-
tive power, and we rejoice in seeing 1t fearlessly,
searchingly exercised. But dragging private citi-
Zene OF LnOst WIN Noic Pil'oec CiIiIcho "noH WIZ
acts as to which inquestis made were committed,
before Investigating Committees, to be catechised
in secret, under circumstances which secure them
no protection aesinst insult, nor against the most
inquisitorial and impertinent peering and prying
into their private concerns, will not answer. 1t
must either be strictly limited or utterly stopped
Mr.. Thaddeus Hyatt has been one month or more
in prison, for no ofense known to the laws, but for
refusing to answer questions that he believes the
Senates Committee has no right to put. If Mr..
Schel should experience like treatment in case
where the inquisition seems to us far more wanton
and nexcussble than in Mr.. Hyatts, there must be
popular uprising against this whole business
government of laws is one thing; government by
investigating committees with unlimited discretion,
is quite another. We greatly prefer the former,
and believe few rejecting men will be found to dis
sent from our choice.