New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-07-04
POLITICAL.
THE RIGHTS OF WITNESSES.


The Hon. Schuyler COlfax contributes "a
The Independent interesting sketch Of the debates in
Congress In 1857 on the act moro eecuay 10 enfores
the attendance OF witnesses the summons OF either
House of Congress- and TO compel them TO discover tcs
mony" II was reported the 2lst OF January by Mr.
Orr Of South Carolina from aseec committee appointed
To investigate charges Of corruption against members ~
tbe House The bill was rushed through both Houses.
with unprecedented haste Congress being anxious ~
yindcate it-ef A newspaper correspondent who hal
made charges against member had refused 10 disclose
tho source Of his information. To meet his case bill
wa reported with the above title, the second secu'n OF
which proyided that ono witness shall hereafter bs
allowed TO refuse testify to any fact or to produce any
paper touching which he shall be examined by either
House of Congress for the reason that his testimony
such fact the production OF onch paper may
tend 20 disgrace him. otherwise render him infamous
Tb,law which makes the penalty for contumacy nhe
OF 800 to $1,000 and imprisonment in the commfl Ih
from p months still remains on the statute oooA
Under the previous question debate in the House wa
arrested motion refer the bill 10 the judiciary Com
mittee was lost by and the bill passed without
amendment by ls3 70 p. Mr.. washburn OF Maine with
Others, refused 70 vote on t9e bill aud me negative
Burngame Of Mass. Bliss 0t Ohioj Colfdx OF Indians;
Edwards of ~ Y; Hggh,tcn OF - Mace Of indiana
Of Mich; and Watson OF Ohio
II was reported back 20 the senate by Mr Toombs of
Georgia from the judiciary Committee, within ten
utcs after II had been referred 10 lhem MI haie OF
il. He said 1t struck down principle held sacred for
centure, wherever the common law had been pr,e.cef
feet, he denounced this one as follows:
II is contrary % The spirit %, liberty; n - c0h'rny
20 the sprt OF law; contrary - the genius " every
constitution Of states % undertake To say 70 nan
that he shall not be excused from an.wernx because be
matters Crimnate himself This blil Is DroidT
inan that 1t gives protection 10 cOnndeDilA com.
municatiOns between counsel ana client Tue pil
Obges counsel 10 disclose them II VIII take me priest
of the Catholic Church and compel Linn . disclose con
LESSONS which have been impaired 10 MN hhdei ms
vi .i man nd defensas that the wisdom OF ages has
secured and 10 put man before coInmttce oi eth'I
House Of Congress under circumstances IN when nc -
not p1t before any court Of this country"
Mr. Hale said, in conclusion that II haH Deel Jnledb
pned We will put this bill on ltS PASSAGE ann nv IS
see who will oppose il But he dared Iot one 20 say
Mr. Toombs replied stating that he did not b'ievs
either House OF Congress had power 20 mp-on iuf con
tanint and that 10 could only De done b. law. 10
Thought the bill might be in some respects subject 20
r,rber than to allow corruption and bribery
to exist and poison society IN the very hed The olD
Mr. Weller thought the bill lame one and ma; It
would have been better 10 have authorized either
branch of COngrcostO hne OF lmprson acOhtumaciou'
Mr. Hale replied to Mr.. Toomls, insisting mat he In
should De confined TO the refusal 70 answer vEestqns
which under existing laws, witness cOud DE compeHeh
! to answer before judicial tribunal.
Mr.. Pugh Of OHIO member Of the Judiciary Commit
tee filed formal written protest against the Dl De
carng that he could not agree that any tribunal should
be empowered thus to torture witness and compel nm
10 the alternative Of perjury or exclusion RON he re
fellow least or all 20
tee not confined Ike court 70 speCihed Issues anu
! added:
He cannot consent to arm any committee with tho
Star Chamber; aud FAR less, here proposed, with
powers which exceed those Claimed by the most arDdy
Mr.. seward moved 70 amend by providing "that thu.
shall not be construed 50 is % deprive any witness
of such privileges are allowed 20 Witncs,o, roylng
before judicial tribunal 10y the common law But TINS
was rejected by yea, 10, nays IS. The yeas were CO
lmer Durkce. Fe,senden, Foot, Hall, Pugh' Seward
! Trmbul, Wade ana wilson. 49,. ~ ,...
In spite 81 numerous objections from other senators
the bill passed as being required by the emergency
! Mr ColfdX concludes his account ~ follows. ,.
abstract Passed in hot haste as It was scarcely mem
Der who spoke IN It's t1ySr ina0rscI IL al Jt si ~ an
! iecti0ns but suggested their amendment hereafter
And he burden of every speech that The penalties
of tb. law were necessary TO ferret ont corruption
among Congressman the alleged sale OF their votes on
various laws sc. II is well known, however that tho
! first against whom its terrOrs invoked was
Thaddeu5 Hyatt for refusing 20 testify, not on any case
OF Congress corruption but before senator Masons
investigating committee relative 10 John Browns raid
on lIarpcrs Ferry; but though he iait IN the common
Jail three months and three days, he came out OF 10
It viii be seen that the writer " thi, article was
OF the u who dared to vote against to
passage Oh THIS bin His fOy that vote can DO
surmed from the points presented by those who spoke
him from obtaining the hCor to state them for himself
Mr. Burlingane and he. then IN ther carry uoheres.
career agreed together that despite the threats OF
political Ostracsm, they would vote against IT, II Lot
amended no matter If II should drive them both into
private me For that vote, ID MS ensuing congress
| canvass, The writer Of this Congress "Reminiscences
| was most bitterly arragned and DENOUNCED, on mo
| stump in the press, aud IN an possible
| with shielding Congress corruption, were scat
| tered broadcast, wcn as carried by coporteurA
into nearly every house and cabin Of the district But
he chccrtuy accepted the ISSUE and IN hundred pub
he speeches proclaimed and justified this vote for which
! he severely condemned by ms opponents Inc
result was that his majority was nearly double tAat
which he had received al his previous election and mas
far ahead OF his party strength that MS INA
ority was 800 100 larger than the Republican state
ticket received in the same district II was gratifying
proof to him. if any proof were needed that 1t is Away
Tar better tor n public life ~ seek 70 be right THAN
! 10 be popular"