Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-06-16
LOCAL NEWS.


for alleged libel published; (the letter contain
ing the alleged libel was in yesterdays Star.)
Meeers. Bradley and bradley for plaintiff. and
Messrs. A @. Riddle and W. A. Cook Tor the
defendant.
Hon. Eewin NJ. Stanton, Secretary of War,
appeared IN the courtroom upon the opening
OF the case, having been summoned by the
p'a!ntir as witness, TO produce the original
letter OF Mr.. Clephane TO the Assistant Secre-
taTy OF War, which letter contains the matter
alleged to be libelous
Secretary Stdaton being called to the stand,
put An the iollowing written affidayit:
Eawin NJ stanton being sworn deposeth ana
saith, that yesterday afternoon, the 10th inst,
he received the subpoena hereto attached. He
was informed at the same time that court had
adjourned, and his attendance would not be
required until this morning; and he Is now
here in Court in obedience TO said process
Witness never has had the paper in his
personal possession, nsr has he any per-
sonai knowledge Of The paper called for in
said subpoena, and IL il is in his legal pos
session, or within his power and control, il
is so In bis Official capacity as Secretary or
of War. charged by law with the care and Gus
tody Of the archives, records, and papers per-
tanning to the administration Of that Depart
ment of the Government, and he submits 70
the court whether he is bound 70 produce the
same
LIST. That he is advised and believes tina. the
head OF Department is not required by
law to produce or cause to be produced
anv e OF 1se in psvats
or correspondence in his Official possession, and
that for the ends of justice the Law has m ade
duly authenticated copies. thereof, evidence to
the same purpose and effect as the originals,
but to require the production Of originals in
Court would subject them to accident and loss
and might be productive Of much public mis-
en- AND even II such papers could
/. con yenience, the right 10 compel production
equally belongs to Federal Courts In every
state, and may be enforced by different tribu-
q On m q trN2 hlCr2p ~
portant and confidential transactions and az
fairs OF the Government would be subject to
public disclosure to the enemies OF the Gov
eminent II official fles letters, and correspon-
dence can be forced into court under subpoena
IN real or sham suit between private par
ties.
I'd. That the paper described in said SUBJ
pCPna, II IL be in the possession. power, con.
troll OF the afhant, was addressed TO g. A.
Dana. the Assistant Secretary of War. on a
matter relating to the public welfare and the
administration OF the War Department en-
trusted to his charge and jurisdiction, and that
no other person than the said Assistant Secre-
tary and the officer having immediate charge
OF the subject matter could have OBJ
tanned possession of a copy thereof. or knowl-
edge OF Its contents, unless, as he believes sur
Tepiifiously, or by breach of the standing
rules and regulations of the War Department
That such communications have ALWAYS
been regarded as confidential and in the nature
OF privileged communications. which are es-
senilal TO enable the o1ic GERS of the Department
to faithfully perform their duty and protect
the public interest. IL information of disloy.
atty Is communicated at the peril of libel suit
the means OF knowledge are cut off and the act
OF Congress becomes IA dead letter or a snare to
public officers.
| Aifiapt is advised and believes that such
communications addressed TO the Head of
department or his assistant are pri yileged. and
that their production In evidence against the
party making them rs not required by law
with profound respect to the authority and
jurisdiction of this tribunal, affiant therefore
submits for its determination whether he
should be required to produce the said paper
or give evidence concerning it.
If in the opinion of the Court the producton
of said paper IL not legal obligation, but rests
in his official discretion, then affiant declines
to produce or testify concerning il, not from any
favor or prejudice towards either party, for he
barely knows one of them by sight, and has no
acquaintance with the other, but because he
believes the production Of such papers from
department files would be a serious public in.
| jury, would promote strife and litigation,
create animosities, incite revenge and disturb
the public peace and tranquility. Upon the
foregoing grounds he respectfully submits his
objections 10 the production Of the paper in
question, and asks to be discharged from
further attendance. EDWIN NJ. STANTON
The affidavit bore the following endorse.
ments:-Respectfully referred to the Attor.
ney Central for his opinion-1st. Whether
the head Of department is bound in law to
produce in court in evidence in private cont ro.
VERSES the archives, records or papers on file
In such department and relating to it's admin.
istratIon. I'd. Whether she paper referred to-
1t being letter addressed to the Assistant Sec.
Rotary OF War on matter relating to the ad.
ministration Of sand department and to the pub
Tic interest, and not published by the writer to
any other person, is or In II not in the nature
OF privileged communication, which the
head of the department. is or is not bound to
produce under process.
SIR Letters on file with the heads Of de.
partments are privileged communications.
Unless their publication have been author-
lied no copies should be taken at private re-
quest, and the production Of the originals can.
not be compelled in a suit betwixt individ-
uals. 1t has been ruled that such communi.
cations cannot be made the foundation of an
action for libel. Then / think the head of q
department is bound not to produce paper
on file in his Office. Such a letter as Won de-
scribe is privileged communication.
}. SPEED. Attorney General.
MT. Bradley said that the letter was referred
70 the Quartermaster General, and by him
referred to General Rucker, for immediate
Investigation, and he called the attention OF
the Secretary to the Endorsement on a certified
made by order of General Rucker. and unon
the certified letter the suit had been broueht:
and the very thing which IL seems the Govern.
ment wished to guard against had been done
The Secretary replied that the letter was fur.
nished by one Of the subordinates to Mr..
McGhan, so that he might ans wer the charge.
he asked II he was bOuad to furnish letter to
Judge Olin inquired whether the question
involved had been decided in this court
Mr. Bradley stated that there were several
TeyeTroQ
IT, the case OF Reeside. in Pennsylvania He
proceeded TO answer the objections stated by
the Secretary, contending that IL was for the
judicial and not the executive department to
decide what were privileged questions, refer
ring to the case OF Nlcnols against White, I'D
Howard's Reports.) He thought this case was
an exception TO the rule as quoted by the At.
torney General, and contended that all letters
on file with the heads of departments were
not privileged. The Secretary had said orally
that the author did not publish the letter, and
he fMr. b. answered, contending that the let.
ter was published by the author the moment
he sent IL to the Department. The question N
now, is the Government to retain the original
OF paper already published, and whether the
court can compel the Secretary or the custo.
dian Of the paper to appear q witness Con.
gress had loft the matter whether the executive
omcers snail appear As witnesses to the sound
discretion of the courts.
Mr.. Bradley quoted from Brightly's Digest,
10Th and 18th sections, OF act OF 20, providing
thai certified copies Of records Of Departments
under seal may Be offered as evidence
MT. Cook remarked that IL has been held
that the archives of the Departments should
not be disclosed, but rather concealed. He
read from Starkin on evidence. marginal PAGE
%, l5s Greenleaf, section 100 and $50 the last
named quotation that secrets Of State cannot
be disclosed, nor q witness compelled TO dis
Close them. And that n m I'M, ~