Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1871-06-20
lcnntinned from first paqe.l

and the Houses Of CongreSs,
should preserve for exercise in
tho proper case, every power with
which they are invested. The Judge
on the bench who permits the pro-
cess of his court to be disobeyed
brings the authority Of his court in
to public derision and contempt, and
thus and thereby enfeebles the ad-
ministration Of justice and weakens
the safeguards Of civil society.
The Senate has ordered thisinvesti-
CATION. Its case clearly proper
for the Senate TO investigate. The
investigation has been INSTRUCTED
and arrested by the criminal refusal
Of witnesses to testify. Now, sir, if
you trihe with these men you destroy
the power Of the Senate ever to &C
compIish another investigation, no
matter how indispensable it may be
to the public good. For their contu-
macy they were subjected only to o
nominal imprisonment, and now it
is proposed to release them from that.
The immediate effect of this is the
recorded admission that you cannot
make an investigation which you
have decided you ought to make, and
which everybody knows you have
not made.
But, sir, humiliating as this con-
fession would be, it is but q small
part Of the evils to result. 1t has
been said that the Senate is vindi-
Gated, or, to quote the Senator from
Indiana Mr.. Marton1, the Senate
ought, from the testimony obtained,
to be, reasonably satisfied" that no
Senator has been at fault. Why, sir,
what do Senators mean by "vidiea-
tion?" Thewitnesses who know from
whom this treaty was obtained, and
without whose testimony it cannot
be ascertained whether any Senator
has offended, refuse to testify. Yon
decide that they are in contempt and
must answer the questions, and TO
compel obedience you order them in
to nominal confinement. They still
refuse the fact you ordered to be
ascertained remains unknown the
tenderness Of our hearts overcomes
the conclusions of our reason, and
they are released Is this vindica-
ton? On the contrary, is it not do
ing what the Senator from Ohio mr..
thurman said tho other day would
justly subject the Senate to ridicule
and public contempt?
The country will know and say, if we pur-
sue this course, that the Senate dares not pro-
coed in the proper exercise oft unquestioned
power, and that we have been driven from the
performance of what we have ourselves dec lar
ed to be our duty by the clamor OF ten or fifteen
young men in Fourteenth street, who with
their hands on the wires threa tened TO ms
represent and maign us individually il we do
not abandondon IN IS investigation. Is il pos
sible that any Senator can prefer the Justly.
merited contempt Of the people rather than
the effects Of falsehoods, few or many, ma
liciously circulated by the press
But il is said that the liberty of citizen is
involved. The liberty and life Of a citizen are
precious things; but.liberty and the life of a
citizen when weighed against the public good
are Of small moment. Every man sent TO iail
for violating an injunction is deprived Of his
liberty. Does il follow from this that a
court ought not to compel obedience to its
judgment?
You have appointed a committee TO investi-
gate southern Outrages, and il is about visiting
the South 70 enter upon the discharge of ITS
duties. Their first witness may be member
of the Ku-Klux Khan. lie will state that no
is under solemn pledge Of honor 10 his associ.
- 60 al tbg.r 4 IL. 4
so would subject him 10 iniamy among them.
Then, sir he would point to these proceedings.
and remind the committee that The Senate IL
self had decided in substance and effect that a
witness ought not 10 be compelled in such case
10 violate his personal honor by testifyiDg -
Ard although the committee might inform him
that his reason did not amount 10 a legal ex-
Cuse, and he must answer The question, vet
the committee would, in common honesty, be
bound to say 10 him, that, if he refused TO
answer the question, all the Senate would do
to him would be to subject him to nominal
custody of the Sergeant-at-Arm for few
DAYS and then release him.
In these cases we must act by ascertained
rules, and sapply them impartially to every
contumacious witness that may be brought be.
fore the Senate. We cannot have one rule for
the people Of one state and another for others.
If a witness refuses to testify we must deter
mine what the consequences Of such refusal
shall be, and then proceed impartially in all
cases. Any other course would be tyranny,
pure and simple. If you have the power TO
continue a committee after the adjournment,
yon can authorize the committee TO take test
mony. Wherever the Constitution and laws
authorize thing TO be done, the power is al.
ways implied TO make the dong Of il efTectua
A witness summoned before your commtte,
in vacation who refuses to testify commits
contempt of the Senate.
Mr.. SHERMAN-IfI do not interrupt my
friend, | wish 10 ask him prac teal question
| have always understood the law 10 be tha
no committee in the recess OF the Senate wa.
authorized TO commit any one
Mr.. CARPENTER--l did not say that il
was.
MIR. SHERMAN--I so understood TIE sena
tor
Mr.. CARPENTER-No | sad il 70,
could authorize a committee to SIT in the re.
cess, that committee subpoena a witnsss befor,
them, aud if he should refuse to testify befor,
them he would be guilty of contempt OF tn
Senate, not OF the committee.
Mr.. SHERMAN-And might be ordere
10 be arrested by the Senate
Mr. CARPENTER-Ye when the Sen
ale convenes. So, too, you may order th
committee 10 ell IN vacation Tor the PURPOSE
Of taking the testimony OF these witnesses
thus furnishing them an opportunity to purg,
themselves of the contempt.
Mr.. President, for these reasons, think
that this resolution, if adopted, will be follow.
ed BY serious and pernicious consequences, fal
beyond ;he lives even of these particular wit.
nesses. should regret TO have the country
and the world know that the Senate Of The
the United States, the highest tribunal il
the land, had less fTmneSs in the per
Torrance OF an,unpledsant duty than would b,
exhibited BY a county Judge or Justice Of III,
peace anywhere in the United States. And
should be mortified and Inundated beyond ex
preston 10 have the world see that few
newspaper correspondents in Fourteenth stree
BY clamor, denunciation, aud falsehood, car
arrest the Senate IN a course which it has
unanimously determined 10 pursue. Never
theless, hope the fate Of this resolution will
be regarded ais test whether the Senate vii
adhere TO or abandon this investigation. /
newspaper row is too strong for US let us sa,
50 and come down al once. The longer W,
adhere TO Il the more ridiculous viii be oul
Abandonment Of II, without attaining the enc
for which II was ordered. Ii we cannot stan,
up and advance, the sooner we lie down N,
better. And am in favor Of saving to thes
witnesses now either that they must answe
these questions, and shall be imprisoned unit
they do, OF else that they have beaten us; lie