Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1871-06-20

Cise question, SNAIL Inc COnLutnaclOus
witness answer the proper interrog
atories put to him by the committee
was the only question which was
wholly immaterial No Senator
questioned that the Senate had the
power to order the investigation; nc
one denied that the questions put by
the committee were pertinent an d
proper, and that the witness was
bound to answer them no one de.
MED that 10 was in contempt for not
answering them. But all these ad-
missions, which | regarded as conclu-
sive 10 show that the resolution
ought to pass, were. pronounced by
some Senators TO be wholly inmate
rial.
The habits of lawyers mind in
duce him to confine his thoughts to
the precise subject to be determined.
But sir, LAWYER is poor narrowo
minded minister of mere justice. He
comes to regard all men as bound by
the law, and seems to think that the
law ought to be enforced impartially
that the high and the low, the rich
and the poor, the lettered and the
unlettered, must alike submit to the
laws of the land. And if the law de-
clares that any witness on the stand
shall answer a certain question, with
out regard to what may be the rank,
wealth, power, learning, occupation,
or profession of the witness, why,
sir, mere lawyer is degraded enough
to think that the witness must an
swer. A LAWYER believes that what
the law declares to be criminal is a
crime, whether committed by a great
man or a small one, a powerful man
or weak one, rich man or a poor
one that crime consists in the viola
ton of positive law; and that who
ever violates such law commits q
crime and merits condemnation and
punishment. A lawyer comes, after
long years of practice, to be what
the law is, no respecter of persons
He comes at length even to the be-
lief that whether an offense be com
mitted by peer of the realm, or an
outcast of society skirmishing for an
existence in the purlieus of our civil
ization, punishment should follow.
Now, sir, mark the distinction be-
tween a mere lawyer and o great
statesman. You submit to body of
statesmen the single question, is u
potato a vegetable, and you thereby
open for discussion the tariff and free
trade, corruption in Office, and reform
in civil service you open the entire
animal and mineral Kingdoms, the
creation Of the world, the fall Of man,
and original sin and while the quail
tiles and character of the potato are
entirely ignored, your statesmen sit
on cushioned chairs, as Millions dew
lis sat apart, while their chief had
gone to contrive some villainy-
sand reason'd high
or Providence, foreknowledge, will and fate,
Fixed fate, free will, foreknowedge absolute;
And found no end, in wandering mazes lost.
1t is the characteristic Of states
man that he cannot be confined to q
particular subject or single theme.
The question whether a witness
should be compelled to answer a
proper question brings the entire
universe under his investigation and
scorning a small subject, he scars,
and walks
Like light the clouds among"
When this report was presented
we were in the first place encounter
ed by a motion from the Senator
from New York, Mr.. Fenton1 l
read from the Globe of the 18th.
Mn. FENToN.-Mr. President, do not like
this resolution very well, and am not certain
that | shall support it.
That was the resolution to commit
for contempt.
viii send to the Clerks desk substitute
The substitute is as follows:
That the President of the Senate be directed
TO PROFOUND to Il. l.. White and II. J. Rams
dell, now at the bar of the Senate, the follow
ing nterogatory:
Did you receive the copy of the treaty of
Washington, which you have sworn you tele.
graphed to the New York TRIBUNE, from any
Senator of the United States, the clerk or Sec
rotary Of any Senator, or any member Of the
family Of any Senator, or from any officer or
employe OF the Senate or any member Of the
family thereof?"
And the said White and Ramsdel be direct
ed to return an answer under oath, in writing
to this interrogatory.
| believe the Senator from New
York has not the misfortune to be a
lawyer; his mental processes are not
trammeled by the technical rules IA
miliar to the profession he is alto
gether statesman. And the cues.
ton which he proposed for answer
by these witnesses, if it had been
framed by a lawyer, would have
been regarded by every member Of
the profession as a studied and artful
attempt to stlfe further investiga.
ton. What would you say of wit.
ness called in the trial of an indict
ment against John Smith for stealing
horse, who should present himself
and say, May it please your honor
| am called as witness on the triaI
OF John Smith Tor stealing horse
you have no right TO try any other
question. | am willing TO file {
statement in writing, on oath, that
John Smith did not steal the horse
Beyond that you have no right t
inquire, and counsel has no right t
interrogate me and beyond that
will submit to no examination.
will not permit counsel to cross-ex,
amino me as to the foundation of my
knowledge, or the correctness of my
conclusions; and you have no juris
diction to subject me to any sucl
cross examination, because you ar,
limited to the inquiry, did Johl
Smith steal the horse" There is M
doubt, sir, that a Judge, on bein,
satisfied that the witness was not
lunatic, would order him to answer
all proper questions, and send him t,
! Jail if he refused.
If copy of this treaty was ful
nished by any Senator for pub ioatior
in disregard of the rules of this body