The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-03-08
TETERADICAL GAG PROCESS.
THEUtY 10 CLOSB THE MOUTHS OF
IwPORTINT WITNEsSES.

and Most Exciting Debutc ~ tue House.
WAsuixeroN. March This morning
peprcsentaives Clymer, Blackburn, and Rob
Inns. memhers Of the Committee on ExpendI-
lures In the War Department, appeared before
Tho criminal Court and said that they had been
subj a'naed to appear before the Grand Jury.
Thcv denied the authority OF the court to in
terroeatc them as to the testimony Of any wit
moss before committee OF Congress. besides,
thew are constantly engaged In their duties as
members Of the committee, which would make
Il inconve1ient for them to be present. They
did not wish to plead their privileges, but to
enter their protest, not only here, but on the
records Of Congress for the country.
District Attorney Wells said he thought he
could remove the difficulty presented. In ihe
FIRST place, he said, there was no motive OF de-
sire to ask any member Of the committee any
thing as to any matter testified TO by any wit
ness before tho committee; and In the second
rlacc, while apprcciat the duties and engage
ments OF the distinguished gentlemen, he
thought the Grand Jury would tx such time as
would subject the geutleinen TO tae least incon-
venieuce.
To this Mr.. Clvmer said that, II thev we're re-
qulred to go before the Grand jury and testify,
Il would be Impossible for them, as members OF
the committed TO give due attention to the ex-
animation Of the matter with which they were
especially intrusted.
Judge Macarthur said that II would not be
competent for them to testify as to what wit
ness said before the committee, because that
would he only hearsay evidence. lie would con-
slider tho subje and confer with tbs District
Attorney, 50 that when these gentlemen were
wanted they could be 50 Informed. The gentle
men then left the court
PUTTING THE CASH BEFORE THE HOUSE.
Subsequently, In the House of REPRESENTATIVE.
Mr.. Cvner Dem, Pal, rising to question
aaal.s had hAAHt
served on him last evening, issued by the SUI
rreme Court OF the District OF Columbia. sit
Ting 40 a criminal court, to appear before that
court, aud bring with min all papers. checks,
documents, SC, and TO testify IN regard to
tNessrs. Robbins and Blackburn) had been
S,ops TN. cou1 re sSn Sss sna that
obedience to the law he appeared at It's bar TO
obey Its order but that as member OF com
mitee Of the House, be thought II would be
ureJhdicial TO the highest Interests OF the coun-
ty, that himself ana his collie CUES should De
committee room. lie believed that such a
course would not only close tue mouths
OF all Witnesses s but n that bat In n, many 1nnG
lie had said furthermore that, white not plead
ing the privileges as members OF the House,
eX mined, and would only sent to be so ex-
ahmed after an order being made spe, Tally TO
that end 10y the Court. The Court had taken
time for deliberation, nd hac determined, II II
needed their attendance thereafter, TO send Tor
tnem. lie nAQ iell " his ulltl 10 bIluE tne mat
ter to the attention OF the House, th I the
House might take such action as might be right,
Just, aud necessary.
MIR. blaine tfep., Me- asked Mr.. Clymer N the
Court had asked or had desired to ask for any
Information that was not contained In the pub.
lished report, and was not matter OF record and
Of general nntoristy. lie could very well con-
ceive that the gentleman from Pennsylvama
might not wish to be called upon III that court
TO testify OF what IA still committee secret,
but what point OF delicscy could arise as TO
those matters which were 40 common as history
could make them, could not
Mr.. Cymer replied that the Court had not pro-
were to be examined before the Grand jury. Ii
the questions we're To have been asked by the
not have as great an obj seton, but he and HIS
COLLEAGUES felt that IL they were TO 90 before a
Grand Jury, whose proceedings were necessarily
secret, that fact would strike terror everywhere
throughout the land, aud would close all the
avenues Of testimony To the House and its COM
Mr. Blaine reminded Mr.. Civmer that his own
privilege AS MEMBER protec ed MIN, and that
there was no power 10 compel him to testiff.
Hr Ci,mer rsp-atej thai lao lad stated To the
Court that ne did not intend to plead his prlvi-
tended to exclude anything whcn should be
rigntfuily known u the pubhc.
INTMIDAIING WITNESSES
Mr.. Robbins dem, y. CD, another member OF
ence to mis- being subpGnaed, a.. and declared
II as his belief that tue effect, II not the design.
was TO intimidate witnesses aud throttle investi-
CATION.
Mr. Blaine There should be no division, or
seeming division, between the two sides Of the
House In regard TO the vigorous prosecution OF
public criminals. what " the OBJECT Of this
Investigation except to bring onenders 10 crim-
inaI justice. Committees could not punish any-
hodv. Everybody knew that this WIS a brutunl
Juimen.
Mr.. Clymer-I have stated the facts OF the
case to the House, and " necessary imputation
arises that some one In tins district wishes TO
NV, i not who make the charge, but the
facts of the case
Mr. Biaine-Ihe gentleman closes the avenues
MIR. Clymer-I viii not permit the gentleman
from M,ine to impute 10 me motives which do
not understand, or to put insinuations In my
mouth whicn nave not uttered.
Sir. Blackburn (Dem., XVI, another member
81 the committee, said ne was not surprised at
the uneasiness ana nervousness manifested bv
tile gentleman from ~ Inc. lie (Mr blackburn
dl not intend to charge that IL u as the purpose
~ the Executive to intiu,idste witne SEES to
throttle lnvestigat ion, and 20 afford immunity
crln in.ls but be did say ina. unless TINS va.
process was stopped the country would believe
mat mat was the purpose, ana ne would believe
too lAppiause 90 the Democratlc side, and !. 4
question by Mr.. Blaine, :" what gag prOcessf'
mad gone iOrtn To the country that the COM
nitee had cOnnlyed at the absconding Of an
Import mt witness against the protest OF tue
hepublican members OF the committee. nut IL
Eas needless for hin 10 say that tntt charge
Wa fatty false, AMI no only wondered that
those Il publican members h al allowed IL to 20
tut on their authority without contradiction.
H. went on to argue that IL would be utterly
Impossible to convict the late Secretary OF War,
or any other Cabinet ufhcer, except oy the test
iuony Of accomplices, and Yet the House was
testify before committee except ~ his own
p.fll 1t was gainst that that he protested. lie
ihti mated that the phr So Let no gui " man
e-ca, e. would be construed ty the country u
meat, " Let no man csc pc who dare tell on
those who are In authority"
Mt. Lam n said that there should not he any
exhibition Of party feeling orexcitement IN the
pr sence Of sucn solemn events A. were casting
their shadows over the House. 1t seemed 10
him that the voice Of faction should al least TIC
hushed. He regarded this IN sndate, or sum
mons, or subpoena, issued u members II com
mittees by the Supreme Court OF the District Of
Columbia, as u outrage on the privileges Of this
House. lie did not say that the object Of the
Court WIS to hush or 10 suppress lnyest cations
The question was one Of purely parliamentary
privilege. He regarded II ~ "A violation Of the
privileges OF the House for a co Irt 10 issue a
summons 10 member, aud order him 10 bring
along with hun the records Of ths House, and
To remain In court and not To depart until al
lowed by the Court or District Attorney.
POLITICIANS VIEW OF 1T.
Mr.. Blane-Does not the gentleman from Mis-
tlseippi see, and does not the whole country see
that having posse ssipn II the evidence on which
the indictment can be found, and having IN as
DO session every paper In he case. the House
puts uselt behind its Technical privilege and
throws itself across the Indictment OF Belk nap
ana that tod II stanGs as tue obstacle, nd tue
sole obstacle, to the indictment Of the late Sec
rotary OF war;
Nr. Lamar Neither the gentleman from Mis-