Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-03-27
THE SALE OF ARMS INVESTIGA.
TION.
A Second Protest from Mr.. SUNNI er.
and his Testimony under Protest

anu MS IesumOny under Protest.
The Senate committee, charged with the in
vestigaiiOn of the sale of arms to the French
government, met again this morning.
Herman FUnke, a member of the firm of Baker
q Co., Of New York, testified that he made a
proposal to the ordnance department, which was
accepted, and he purchased $4,000 Springfield
muskets at S12 10 each. He then referred to
oeher transactions, particulars in regard to
which have been published in previous issues of
Senator Sumner, who was present, asked the
Chairman of the committee, Mr.. Hamlin, to di-
rect the clerk TO read the subpoena which was
served upon him, as he wished TO make pro-
Test against II. He appeared because he would
not on any account fail to pay the courtesy to
the committee which il should receive. He
supposed the committee were aware that they
had no precedence in their action. A member
may waive his privilege, Mr.. Gushing says, and
he waived his. He then read the following:
SECOND PROTEST.
Since reading and filing my protest Yesterday
nave received by the hands of the Sergeant
alarms a subpoena commanding me to appear
before TINS committee. In answer to this sub
Ipna, now appear.
It Is my duty to declare that nv Judgment as
originally set forth in my protest is in no respect
altered by this subpoena. L do not think the
committee more competent to-day than yester-
day. still find Oh the committee several occu-
pylng seats in violation Of an UNREASONABLE
rule OF parliamentary law. The record shows
mat they slgnallze themselves in the Senate by
open speech against the pending inquiry or
according to the language of the Old rule
against the thing" and, therefore, disqualified
themselves as much a Judge who has been
counsel in q case, or a Juror who has declared
his opinion beforehand This disqualification
not founded on argument OF inference. but OF
peremptory rule, traced back many genera
items, illustrated by numerous authorities ana
constituting part OF what Mr.. jefferson calls the
.'code' for the government of the Senate hav-
iHg, as lie says, 1.-The sanction OF their approba-
uoD."
Besides the authorities, which cited vcster-
day, there are two others from our own country,
which deem it my duty to adduce. The first is
that OF Cushing's LEX Parllmentaria Ameri-
cana" or the law and practice of legislative
sCmbles in the United States. Here we lea
how completely a committee is placed by ~
liamentary law in the hand of the move par
lit became the established praCtic =, mus
member, upon whose motion "A cor iof Ihe
been ordered, TO move the names H'a az, mao
se,ection. rs cwn name Seir curse, of his own
perhaps the first named , Iho W S. Igehi' ahH
any efficacy in NOV % his ewn name tbe
h OF ~ Isie by some friends, as on
tee TO prepare -r,iclgs of imneacbmaDt snainst
Lore MeiVh %, which had bee. ordered On the
a a,otio n VI Sir Whithead, that gentleman was
m mo of Lord Temple. Then, on the motion OF
MI " hithead, the other members of the COM
'|ttee." (Lord Temple being one Gushing
As this was a case of investigation. IL is q nre
cedtnt for us now. ButOur committee was con-
| stItaicd IN very different manner. Mr.. Cush-
| NlDOlCatCS the practlVe allowing the
! never of proposition himself to nominate the
| committee for the consideration of the House.
/ saying: That" the House. by adopting the
/ willingness that the subject shall be so consid-
cred or investigated that the member hominat-
| ing the committee must he supposed to feel as
snong an interest IN the proper consideration OF
tBe subject as any one. and also to possess to
| be willing TO obtain the knowledge necessary to
| enable him to decide upon the qualifications OF
| the me nbers he selects Il Gushing, p. 1921
L m nd al OH or
| author shows how completely the early rule is
| recognized. The same learned authority while
| Stair. the English and American parli amentary
| law, shows how the examination is conducted.
! when an inquiry is instituted and anSxamina-
| uOsl Of witnesses i undertaken by the House in
s lhluisltorial capacity, it is customary for the
| mt mbCr on whose motion suggestion an
| inquiry has been engaged in, or for some of the
| members voting with him for the inquiry, to
| take the lead in the examination of the wit
| ntsses = or, in other words, to ex-
| anime the witnesses in chief" Gushing D. $685.
Plainly, according to this usage, Mr.. Schurz
| aid not MI H8min, should take the lead and
examine the witnesses in chief.
| The other parliamentary authority to which
| | refer is the Hon. X. NJ. Il. Hunter former
| Speaker of the House of Representatives In
his yaledctOry speech, March Sd, 1871 this gem
| tleman, who brought thought and study to the
discharge OF his public duties, took occasion to
| explain the principles governing the formation
OF committees, and all must admit that he did
| IL with clearness and philosophy not sur
| passed in parliamentary history. According to
L q
| sitiOn should have the direction of the com
| miltte Speaking generally, he saws:
The party upon whom it naturally devolves
l to propose question ought to have the power,
l IL would seem, to present its proposition in the
| shape for which ii is willing to be responsible
ana, as the different parties hold the ffrmdtipe
| according to the nature OF the question, so
| ought the constitution of the committees to be
| varied"
| Then, in language precisely applicable to the
| prese mt case, the speaker says:
m mi of inv
clear that the opposition, aotO hold Tie trmatiue
| should have the majority OF the power"
| Tbs instructive statement is in advisable
harmony with the rule as declared in early
| times, that those against the thing cannot 90
on the committee; and that a measure, like a
child, is not put TO nurse that cares not for it,
he OLD parliamentarians were less philosophi-
cal than the American speaker; but each meant
the same thing. The prime object is opportu-
nifty and fair play for these bringing forward
proposition, or holding the affirmative. COM
mite organised TO sustain the nsgdire is the very
committee described AZ a nurse that cares not
for the child and, therefore is a committee not
tolerated by parliamentary law.
Thus, from all quarters, beginning with the
distant in time, embracing Jefferson, the fathtr
OF American parliamentary law, Mr.. Cushing,
its most authoritative American expounder and
not forgetting an American speaker, proceeds
concurring testimony to the parliamentary rule
requiring an inquiry to be placed in the hands
OF its friends, especially is it necessary that the
chair man, who directs the inquiry and exam
mes the witnesses, should be known one OF
its friends.
Therefore, must be pardoned, If / renew nv
protest against he competency of the present
committee. protest against it as constituted
IN Migrant violation of parliamentary law and
protest especially against it, the acting chair
man, who undertakes to direct this inoujry and
10 examine witnesses, as not coming within the
conditions established by rule, by usage and nv
reason. The record shows that he did not aovs
the inquiry, nor did he cooperate with the
mover, or take any part in sustaining him
Whie IN open speech he showed 6imsaIf
gahst the thing" L object to the acting
chairman as to judge or juror disqualified re
1 make the second protest with infinite re,r.-
lance. But the committee leave me no slterne
i've. In their first invitation, in the nature o.
summons, and now in their subpoena. they com
PEI me TO declare my objection to their comna
tency. Seeing 1t as clearly as do. and fsaiIna
i az strongly as do, cannot avoid expressinS
II. do SO twice, it is because the com mittass
nave laid me twice under this Obligation RevonS
that sentiment of duty which Is with me sruia
OF NE, 1 am encouraged to this effort bv the
nope that, even If the present COMMITTEES csnnot
pc corrected In conformity with parliamentarv
Jaw, Its lncompetency is SO clearly exnoseJ Hayt
II wiz be powerless hereafter as a precedeni r.
SDnged 10 witness the present dishonor of q time.
nonoIed rule, L would at least save this safe.
IN th9s declaring my proposed sense of tbe
wHoHg tnat mas been attemrtad 7 40 ali a., -