The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-22
NEW YORK HlRAIlD, SATURDAY.'

the House Of Representative bad TIE night 70 Inquire
into matter which might In the ordinary oourss Of jus
SS % ~
that would Be invasion BY the legislative upon the
province Of the judicial department Of the government
rsE me bodv bsfors whom Inc false oath s alleged
70 have been taken being avered in tho Indictment In
that respect the Indictment = sufficient would re-
the committee 70 investigate . subject Of criminal
nature for me prisoner 70 avail himself Of any supposed
but find that there IL an act Of Congress author.
izing the chairman Of any standing committee to
administer osths Or afnrmations 70 witnesses In
any case under their examnation that by Iule Of the
House and BY immemorial usage beginning with the
constitution y 10 the province and duy Of the Commit
tons matters and things touching judicial proceedings
s snail DC presented or may coma In question and DO
presented % them y the House. and ind also that by
by authority OF the House to give testimony or TO pro-
duce papers upon any matter before the House or any
wbo appearing shall refuse 70 answer any questions
pertinent 70 the matter Of inquiry under consideration
before the House or committee by which he shall be
examined, shall, In addition to the pains and
penalties now existing, be liable 10 indictment rs for
misdemeanor" These laws and rules appear TO me TO
be not only in with the constitution but absolutely
necessary 70 enable Congress to discharge properly their
duties under it 4-e
with these enactments. rules and usaees therefore
before me- have no hesitation In declaring II TO DO my
opinion that the Committee on the Judiciary Of the
House OF Representatives In Of the resolution
passeu ny Were acunR strlct
Of their legitimate duty when they sent for persons and
papers to make inquiry as TO the completely Of Jefferson
Davis and others in the assassination OF the late Prcs
dent; that that committee had Just much right and
power 10 compel tho appearance Of witnesses before
them and when before them TO compel them to testify
this any other court Of the federal government
As this subject and the connection which the Judge Ad
vocate General Of the United States army has had With It
has ELECTED great deal Of comment from the public
press Of the country before disnissng IT, although not
strictly In the line of my official duty, and although
have not the honor OF personal acquaintance with him.
feel that ought In justice to faithful and fearless
public officer, to say that far can from all the
lights before me in this case, occupying tho position
which he did as Judge Advocate General he would have
been cupable had no done less than he has done
in endcavorng by all the at his command, to fer
ret out every individual, whether he be pretended
funconary OF the late rebel government a rebel in
humber sphere, who instrumental IN striking down
the Commandcr.in-Chef Of the army to which he was
attached, in dastardly and diabocni to
have shocked the moral sense, not only Of every Chris
an people, but Of the most savage and barbarous
tribes among whom tho horrifying intelligence was re-
ceived.
The demurrer is overrued
Counsel for prisoner obtained the privilege TO appeal
the to the court in General Term If that court
sustain Judge Fisher Conover will be tried at the next
criminal term Of the court In this District