The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1876-12-21
CONGRESS AND THE TELEGRAPH.


We learn from the public press tlaJ
Committee of Congress has made req
uisition upon certain Telegraph Com pa
MES directing them to produce for the
inspection OF the Committee all dis
patches committed to such Companies
and sent over their lines, touching GER
rain political matters connected with
the Presidential campaign. We are also
Informed from the same source that otu-
GERS of such Telegraph Companies have
respectfully declined to comply with TINS
demand, on the ground that such tele-
graphic communications are received
and transmitted iu condolences which
they are not at liberty to violate; and an
Issue is thus presented which it Will re-
uttire some form OF adjudication to deter
mime, The Committee, ii is understood,
has threatened to report this action OF
the officers Of the Companies to the Con-
vress, and move for an attachment
against them personally to answer for
his cOntumacy.
This, of course, raises the question as
10 the power Of Congress over such COM
panies, and OF its right and authority to
demand the production OF such tele-
graphic correspondence. The issue thus
Joined is one of the utmost public I'M
po9tance; and is SO, no matter how
insignificant or inc0usequentlal the dis
1ItFhG
care not at all what may be, or
may not lie, the tenor or charaC-
ter of the dispatches inquired ior
and demanded by the Congressional
Committee; it is only for us to consider
whether, in making such demand, Goa
gress has not overstcpped its constitu-
tionaI prerogative, and is exercising
a power at once arbitrary and unwar-
ranted by law.
Pending the adoption of the Consti-
tuition OF the United States many obj &C.
. tions were taken to its provisions, but
chiefly on account Of its Deficiencies
and omissions. Among these objections
none was urged with more ardor and eff
feet than its want OF Il "Bill OF Rights;'
which in many quarters was urged as
fatal defect. 1t was Zealously main
Eained that such provisions were neces-
sary the more ctfectually to guard cer-
sain rights OF the people, as we'll as to
prohibit certain exercises Of authority
supposed to be dangerous to the public
interests. Accordingly, at the first ses-
sion of the first Congress convened un-
der the Constitution, ten amendments
In the phrase of the times, were denOm-
mated the ''ten commandments; and
which constituted the required Bill OF
Rights.
The fourth Article of these amend
ments says: "The right of the people to
be secure in their persons, houses, pa.
pers, and effects, against unreasonab e
searches and seizures, shall not be VtO-
lated; and no warrants shall issue, but
npon probable cause, supported by oath
DR. affirmation, and particularly describ-
Ing the place to be searched, and the
persons or things to be seized"
The foreible or unwarrantable taking
Of the private papers Of the citizen has
always been regarded as of the very es-
yeiice OF tyranny. 1t has everywhere
been deemed, not only an invasion OF
personal rights, but as equivalent to
compelling man to testify against him
sell. And this is what the Constitution
absolutely forbids.
: But the proceeding in question relat.
Ing to these kilograms does not 60 to the
extent, we presume, of making "seiz-
ure" or the dispatches demanded by the
Congressional Committee. It. is proba-
bly, process in the nature of subpoena
6uces tecuns-a writ commanding the at
tendance ~ the person, and that he bring
with him certain designated papers for
tie inspection al the Committee. The