The Portland daily press., 1863-12-18
XXXvIu OoNGREss---First Session
SENATE.

WASHINGTON, Dec. II.
Mr.. Hale rose TO privileged question. He
desired to send to the Clerks desk to be read
a newspaper paragraph, charging with bribery
Senator of New England, In securing the re-
lease, for the sum OF 5000, of two prisoners of
the old Capitol From information received
from Senator he was led to believe that he
tNr. Hale) was the person alluded to. He
wished to make statement of facts on which
the charge was probably founded. H0had
been called on to defend two individuals con-
fined in the old Capitol on charges preferred
by the War Department The first case was
that of DIR. Bliss, Superintendent of the Armo-
nv Square Hospital. He tHale) came to
Washington, saw the Secretary Of War, ex-
amined the pages and expressed the opinion
that DIR. Bliss ought TO be allowed the liberty
Of the city. He was accordingly paroled. At
the trial of DIR. Bliss he Hale) was present as
his friend and counsel. The trial resulted in
recommendation that he be restored to his
place. In Boston, shortly afterwards, he tHale)
met friend, who said that another person was
10 the old Capital prison, and he was anxious
TO have him Hale undertake his defence.
Large sums of money were depending, as the
pay upon certain steamboats, that had been
retained TO wait the issue of the trial. He
HALE was offered $4,000 as retainer. 1t was
Il large sun, but he was unwilling 10 undertake
the case on account OF the jealousy of the peo-
pie and objection to the transaction of any pro-
iessional business by Congressman. He con-
suited with two counscllors Of Stafford County,
n. H., and asked them to examine carefully
the law to see ii he Hale had the right to
undertake the case. Both answered promptly
in the affirmative, and one thought Ii not only
his right but his duty. He accepted the re-
tainer and went TO Washington. lie met
gentleman OF high social and professional po-
sitiou, Hon. Reyerdy Johnson, and asked to
consult him on personal matter. He told
Mr.. johnson that person charged with fraud
ulent practices had, through his friends, de-
sired him to conduct his defense. Mr.. John
son seemed surprised, evidently thinking him
lHalej green In asking the question, "was there
any improperly In undertaking it?p Mr.
Johnson replied, mot the least objection under
heaven" Mr.. Hale then asked, ais there any
thing indelicate In the undertaking? ?" Mr..
johnson said, mot the slightest In the world
/ have been doing il every week; do not
know but have been doing 1t every day."
The Secretary OF War had furnished the
charges to Mr.. Brady at New York, against
Hunt the prisoner, and thought the trial would
be commenced as soon as that Of Belger was
through.
He lHalel asked il the purposes of justice
required his (Hunts) close confinement. The
Secretary thought not and sent the prisoner TO
New York on parole, with an order TO report
" luC iOfoct 2Aslibudl ttcTy 10 hours. lie
tlIale) went to New York, saw Hunt and told
what his friends had done. Hunt wished him
tiale TO stand by him through the trial and
agreed to pay him $1,000, which was SUISSE
qucntly paid. These were the facts. and all
the facts. II there was any bribery or even
indelicacy,it was not done inadvertently, but
advisedly and with cautious delibcration
Mr.. Johnson remarked that he recollected dis
| tinctly being called on by him as stated and
r9rnrtaI tho aopv lar ;nlI
In answer 10 bis (IIale's) inquiry as to wheth-
er a Senator was precluded from acting as
counsel for a prisoner charged before court
martial with fraud. He tJohnsonl said he
saw no legal impeachment in the way, or even
indelicacy. What he tHale had done was,
no doubt, done in consequence of this opinion
Senators don't cease to be lawyers If called
on for professional services. He saw no Diff
Guilty in complying, unless such services in
yolved neglect Of public duties. lie John.
SOM had repeatedly acted In himself on this
assumption. The only question that can arise
Is there any law prohibiting its There was
Law prohibiting Senators prosecuting claims
against the Government before the Court of
Claims. He believed the same law expressly
excepted cases pending before the courts.
One has right to go before any other
court In the United States. 1t was no, the
| intention OF the law to prevent lawyer prac-
ticing his profession If a case of fraud in con.
tracts Is brought before military court. A
lawyer whose services ara desired has no right
because he is member of Congress to refuse
his services. any more than he would on a
capital case la civil courts.
Mr.. Hale submitted the following resolution.
which was agFsed to:
RESOLVED, That the committee on Judiciary
be Instructed to eDqu!rs whether John i,
Hale, a member of this body, in connection
with the case OF one Hunt, charged with
bribery, by direction OF the War Department
has been guilty OF any conduct inconsistent
with his duty as a Senator, and that they have
power to send for persons and papers.
The resolution of the house for adjournment
was then taken up.
M Sherman moved to AIMED by striking
out The words, This house adjoprns, aud In.