The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-01-31
HOUSE.

ported bill directing the restoration
to the pension rolls OF the names OF
such pensioners of the war Of 1872 as
were struck from the rolls under the
act of the 18th Of February, 1862, on
account of having aided or encouraged
the rebellion. the pensions to be paid
from the passage OF this act; also en-
titling such persons to the benefits OF
the act of February IA, 1871, granting
pension to the servivors Of the war Of
1872
Mr.. MAYNARD, of Tennessee, moved
to amend by providing for the payment
OF arrearages to those who furnished
proof OF their loyalty during the rebel
lion.
After an hours discussion the bill,
without Mr.. Maynsrds amendment,
was passed.
At half-past one o'clock, Joseph B..
Stewart, the recusant witness who had
been ordered under arrest for refusing
to answer a question before the select
committee Of the Union Pacific rail-
road and Credit Mobilier, wss presented
at the bar OF the House by Mr.. Ordway
the Sergesnt-at-Arms.
The Speaker, addressing him, asked
whether he was ready to answer all
proper questions Of the committee.
Mr.. Stewart said that with all respect
A a dutiful citizen he denied that he
was in contempt or that he had COM
mitted any act Of contempt. All the
matters about which he bad refused to
testify had had their origin solely and
exclusively in the relation Of council
and client. These matters were not his
own, but those of his clients and ne
was advised Of no law or authority that
could confer in any tribunal in this
country-even in Congress-the right
to question him upon them.
He denied that the extracts from his
testimony presented yesterday by the
select committee represented fully and
correctly the position which he had as
,umed. He had been asked to testify
as to matters between him and his cli-
ents, which had commenced fifteen
Years ago and had terminated ten years
ago, and which had long ceased to be a
subject of reflection With him, and the
material and papers had been returned
to those entitled to them. BE therefore
stood before the House denying all con-
tempt. and claiming that there was
,o,b;no withheld by them, save
that which came to him solely and ex.
clusively in the relations Of counsel and
client, and he submitted that when he
had on bis oath stated that in the mat
tiers referred to he had not dealt, mol
paid money on bonds to any official o'
the government, legislative, executive
or judiciary. The House had no right
to press him further. Whatever nigh,
be the consequence Of his position sc
help him God, the confidence
of those who had trusted
him would rest in his own bosom
Gsome slight applause in the galleries
He would rather be the victim than
the author of the resolution under
| which he was now in CUSTODY. He
quoted extensively from "Greenleaf on
Evidence and other legal authority in
support of the position that he was moi
only justified in withholding the secrets
between himself and his clients, but
was bound to withhold them.
After Mr.. Stewart had been speaking
sor tbree-ousrters OF an hour, Mr. Co
burn, of Indiana, made the point OF
order that . law argument was not an
appropriate response to the question put
by the Speaker.
The Speaker overruled the point o'
order and ruled thst the gentleman was
proceeding in . proper argument 10
purge himself Of contempt,
Mr.. Slocum, Of New York, inquired
how long the scene was to last.
The Speaker replied that the gentle
man would be restricted to the hou,
rule. After Mr.. Stewart had finished
speaking Mr.. Dawes offered the follow
ing resolution:
RESOLVED, That Joseph B. Stewart
having been heard by the House pur'
susnt to the orders heretofore made re-
ouiripp him TO show cause why h'
sbould not answer the questions
nropounded to him BY the commi1es
has failed to show sufficient cause Why
he should not snsuer the same, and
that said Stewart be considered in pom
tempt Of the House for failure to make
answer thereto. o.,
The resolution wss agreed to. viii
but one vote 10 the negative.
Nr. Wilson. Of Indians, then of:rst
. r.solstion that shs witness b requires