The New York herald., 1868-05-27


the gentleman did not view the question from the
same standpoint. The Managers, he said, stated that
inS TO answer SO the Managers Brought the question
before the House. The resolution was clearly within
the rule relating to Investigations. It was for the
House to determine whether 1t would limit the inves
tigaton TO this one witness, or 1t might limit it To
matters growing out of the refusal to answer.
Mr.. ELpRlDGE appealed from the decision OF the
Chair.
Mr. RANDALL, tdem.) of Pa, inquired whether an
opportunity would be presented Of Offering an
amendment to the resolution.
The SPEAKER replied that there would have been
an opportunity ii the previous question had not been
Mr.. RANDALL said the functions Of the lmpeach.
ment Managers had ceased.
The SPEAKEa replied that the Chair so held
Mr.. RANDAIL-Then the resolution proposed to
give them fresh powerf
The SPEAKER--Yes.
Mr.. RANDALL, remarked that the committee was
composed OF Managers all on one side. The minority
mao no voice on the committee, but should be allowed
Mr. Pile, rep.) OF Mo-, objected to debate.
Mr.. WAsHBuRsE trep.> OF H., moved to lay the
Mr.. PRuYN, ldem.) Of N. Y, would like to say a
word, but Mr.. PAINE objected.
The appeal was laid on the table.
Mr. BROOKS, ldem OF N. y, proposed a question
lions reourS the mnory "f an hcdv %
70 say nothing OF the higher of decency and pro-
priety, TO have representation In all OF its COM
The SPEAKER replied that the haher law OF de-
cency and proprety was not part of the point Of
order The Chair would rule on the parliamentary
law alone.
Mr. BRooKs-Tho parliamentary law requires
representation OF the minority q committee.
the SPEAKER replied that that was for the House
10 determine.
Mr.. RANDALL wanted 10 Offer an amendment to
The resolution, but Mr. Butler refused TO Yield the
noOr for that purpose.
Mr.. PRUYN desired 10 offer a substitute TO refer
She matter TO the Committee on the Judiciary
Mr.. BUTLER declined TO yield for such subst-
tute.
Under the operation Of the previous question The
resolution was agreed to-yeas 81, nays 81.
Mr.. ELDRIDGE said that II having been decided
Vas fJafan httt
again just revived, they had no charge OF the
witnesses at the bar than the Judiciary Committee
had. He moved TO refer the examination OF the
witness to the latter committee.
The SPEAKER said the continuance or reappoint-
meDt OF committee revived its business For in
stance, when a select committee did not terminate
ns business during an entire session its business
w mr. v on one reappointment OF the committee
Mr.. wooLEY COMMITTED FOR CONTEMPT.
Mr. BOUTWELL, offered the following resoutlon;-
detained In custody in the Capitol serceana, Arms
be taken Saa De s Sass ss
authorized p to Continue osios ye the me % Som
age, were conducting when the contempt by
Mr. BOUTWELL, said II seemed TO him this was a
case clearly within the Jurisdiction OF the House;
witness was guilty OF contempt OF the House nv
refusing TO answer explicitly proper question put
10 him by committee Of the House. lie could not
escape punishment, even II 1t were true that the
committee before which he was testfying when
guilty OF contempt has ceased to exist lie was not
custody OF the House for he was proncrIv
sTraigGea before the House for being e'I%iy guilty
OF contempt or its authority by refusing
10 answer questions put by a committee of the
House. The resolution which he had offered gave
OF the contempt by answ ring questions now before
another committee, just authorized, and it was for
tne House to Judge how afd by what means he
should purge himself OF the Contempt NoboIy bur
the House could give him that opportunity
MT ELpRlDGE said If he understood the case the
witness had purged himself of the contempt by the
response he had offered. He had answered In the |
stinffnatiVe, that he was ready appear before
tbe committee precisely IN the condition proposel
oy .ne gentienan from Massachusetts and answer ali
proper questions
Mr.. BOUTWELL, responded eyes, but the witness
hiihseI judged wDal was proper and int .rpreel his
own Judgment 10 prevent the investigation ordered
ny the House 10 serve the ends of Justice and tho
gentleman from Wisconsin asked mat power be
placed In the hands OF the wines, to stay the pro-
ceedings and to arrest the authority OF the Uo'lse
Inc answer OF the witness eyasive while he pro.
posed TO answer proper questions. The committee
and the committee continued TO sneak the yoire oi
me house until overruled by the Judgment Of the
Mr.. ELDRIDGE said the words "proper ouest,onsn
were IN the resolution, and the witEe had promised
Mr.. BOUTWELL, said the word ..proper, in the wav |
tbey used the word was IN the sense of the commit
zee and was not for the witness ON the stard 10
ny the question put by the House, through the com
.l,t, n,see, was not proper one. lie would read an
authority s6r IN polnt1Judge Black was summoned be.
1907. lie was asked the queston:-"Did You pre-
ps,e or nad You any part In preparing the message
government OF the rebel statesr p, Jndge iuacH
nmnVnn.ed ,an,a. that there had been several com
self sn,,r',, between the President and him
not 3 think M mat ,sa, question que Judge Black did
sist on IT, anas, .nas Tue committee ought TO in.
against the right OF the Committee to esr ~ ~,
Simsef po ,no ,nat witness sworn answer was
answer aud therefore ought TO answer the aues,ons
good authority SUee an ihe e, THIS was good law ana
Commlttee on the Judiciary propounded The ,nao iac
lion and Judge Black answered H. WIZ f'es-
Mr.. ELDRIDGE-Shoud not the Uouae ,o.s %, .,.
sCmciency OF the excuse OF witness; p"'s U" 'ne
NJ MnRsHALI, tdeml OF ILL.,, took IL for oran,s,
that neither the committee nor the House n,d
make itself IN instrument OF oppression 20 du mvnu
curta the rights OF an American citizen Te nn,o, OF
me House il would therefore be- unst M Contempt n Of
.ive TO punish him on such a charge A csptais
improper FOR no citizen should be- niarslghnt
"a inquiry into his private Affairs. II was const
uonsi ,,d privilege Of which he ayaled himself; he
lu not place himself In contempt OF the Ionsa -. !
me committee, but he submitteda respectful protest
'~'aung - az the time that he would submit question
- - pe mouse and abide Its decision with reference
Mr.. BUTLER asked where was the evidence tha, IN
e prV'es' he would submit the question TO the
MT, MARSHALL resuming, said the witness had
were no, nsd respecful protest and said his funds
fo cs sar lie deemed It improper for the Committee
claimed hs an rsS,pp exposition Of his private asIrs and
mako an nouse y o.errued him and compelled him TO
submit Wbo, bpolon .,o Of his private arairs he would
man as n nriangnt right had the House 10 con6nc this
he witness w.s a. - Inc committee failed TO show
his M ,I hoped the House would not ,pr,son
i'm an r remainder OF the session but rive
NJ WooLKY, with the consen, -, A.
in6oe th % y, 81 ~ ,ne Questions Of the comnSsee n
,yssi 6ne, inem 70 De proper II the Committee ana
~, nnI ~ 70 question, would ass ,rs -.
s ~ ~ eAahinstion TO bring me to the hsr s IS,
1foe By fts decision VIZ house snd will \
NJ, NJ seVfwsLL remarked that this were done ,,o
,ver OF the committee would be al an end ons .ne
Ifpces could demand such an arrangensn, 81, " the ~
n1oDy oi me committee would be desrnyyoo5s' yos' ~
n9evef nl9bt be demanded and received nv ,S' :, ~
49, miSRf be demanded and received nv o,hns u
uR0sr nc opvsticn Of the previous question tlo u
'''s'aop VA so~vteo--yess u, nays ~. :"