The New York herald., 1876-12-21
ciary Committee offered the following a substitute
The reno ri and for Mr.. Hurdis resolution


Resolved THAT there nothing law rendering com
mnnesion ,rans-tted by telegraph any more privileged
whatever that is House has power through lis subpoena
under The hand and seal Of its speaker e cqus any per
authority 70 examine witnesses and to sent Tor persons ana
and bring with him such books whether
t.'n " slch committee a. sneh eeamat,ee y Inayy
committee may have been charged and that such COMMITTEES
fore il produce The committee any book or paper
whether such be telegraph eespatch Or other Which
which committee may des necessary to the inyest
.'s wncn a mass hy. BEEN y
shall disobey the having appeared As witness
SoR % psps wsh he na ~ ae
the &c S Ss s ss % sn
swer Tor contempt Of the authority Of the House. and
Resolved that who hai or attempt 10
amy who 81 m s a
from estying before snch eomntte Or from producing
quirea produce, prevent attempt TO prevent any
such witness from speakn the truth ssors q 'ue Nc commit
be brought bar Of the onse 20 answer for ccntcm
and dealt with the law under the facts may require
Mr. LrNDE moved the previous question, and IL Vas
secon ded.
Suggestions were made by Messrs Hoar, 0, Massa-
chusctis Garfield, OF Ohio and Conger, or Michigan
lot all the resolutions be pr ana their consider
alton made special order Tor omorrow; but such
suggestions % were nc. eompiied with ,,,a, and Mr.;
to Mr. Hurd, who stated briefly the
resolution offered by him. The principle OF which was
that what he called drag. net subpmnas" should
be issued and all private tclcgraphlc correspondence
of persons subjected To examination
Mr. LyNDx then resumed his argument and quoted
In support OF the position OF the committee tho action
OF the English House OF Commons III the famous case
against the Duke OF York Tor the sale of army COM
MISSIONS, where banking house was required 10 pro-
duce the bank accounts OF Mrs. Clark by whom such
sales were made He thought that tho Honso should
tratnmel the exercise Of It's own discretion
by any rules whatever except the rules we'll established
.nrita ,tarx ne Ia po. IN
the amendment offered by Mr.. Hurd
Mr. KNOTT spoke defence OF tho resolution ofcrod
by him, being in palmer and more unmistaAable
terms than the report Of tho committee The only dis
putc, therefore, was, 20 the ndment offered bv
the gentleman trom Ohio tMr. HurdL He thought The
House ought not TO adopt IT, as would be tanam0unt
TO an expression by the House OF want OF confidence
its committees.
Nj McCRARy. trcp) OF Iowa, member OF the Ju-
dietary Committee, argued favor Of Mr.. Hurd's
amendment and remarked that IL was nconccivablc
that . case could occur wherein committee would
be able describe the papers which required
be produced so lar as that resolution prescribed de-
scription.
committee, and opposed Mr.. Hurd's amendment as
being antamoupt defeat OF the Louisiana nycsti-
CATION He sad that any restraint or curta,lment OF
the powers OF The committee would be a falling short
Of the duty OF the House, and the House would stand
before the world as failing 70 execute It's powers
Mr. HOOKER. dem OF MISS. spoke in favor OF Mr..
Knotts substitute which he preferred 10 the report OF
the committee, as being moro fully and explicitly ex-
pressive OF the parliamentary law on tho subject
X. GARFIELD
Mr. GARFIELD, lrep) OF OHIO, that II the House
affirmed the doctrine suggested by Mr. knott-nancly,
municatons ana oral comm mun icatons-it would ouly
need similar step swallow he last possible
protection which the American people had against the
INVASION Of Congress OF all their privacy The next
step would be to declare that the post office be
put the plane of the telegraph. The telegraph
great institution, grown up within the last forty
years, unknown TO old law writers, and was,
next TO tho post oifce, more the custodian
ins OF q thnu-
sands of persons ntrusted the most sacred affairs OF
their private lie to its confidence and It pro-
posed that the whole machinery OF the telegraph
should be put down 10 the level OF oral
tion All that wanted 10 seize the telegraph
operator any point and make him bring his bun
die OF news TO an nqusitorial body, which would
then fish out whatever evidence 1t wanted 10 lind.
There never had been AngloSaxon law in any part
OF the Anglo-Saxon world that would permit
great invasion Of private rghts
that Besides destroying the telegraph as
would break down in the MINDS oil the people that
security OF law which they had enjoyed this
Try for SO many generations There never had been
Congressional investigation the objects OF which
sufficiently important TO warrant great change In
the laws o the country II was better that every thief
should go "unwhipped OF JUSTICE than that the old
protective machinery OF the law should be destroyed
securing his whipping
SPEECH MR.. HEWITT
Mr. HEWITT, OF New York, subscribed to the doctrine
laid down by hr. Garfield az 10 the protection which
the law throws around the post ~tlce; but the law
threw no such protection around telegraphc commu-
nications. He had reason 10 believe, however that
the law should give that protection, and he would DO
glad to see it gwen. He had good reason to think
also that tho protection which The law Giti
zens to COMMUNICATIONS through the post office
more OF a deusion than generally supposed Dur
ing the last month his attention had been called to his
own letters passing through tho Now York Post 0cc,
and, according TO his best Judgment and that OF
perts, they were frequently, Il not generally,
opened In the Post Oiiice and rccloscd by the
OF muciage. the steam used being apparent the
envelope. He had OF course, means oil proving tho
fact but he was ready 10 submit his letters to the
ju gment experts hc thought would be found
that the post Office protection not such good
citizens would like to nave or such as had como from
Anglo-Saxon Institutions. II there ever had been
protection given TO teltgraphIc communication its
violation had not como from the democratic side Of
linguished republican from Massachusetts in the
famous impcacnment trial OF President johnson
Mr M Butsrl. !, had also been violated ,s
present Congress, and notably by the committee Of
investigation which went TO the State OF Mississippi
and issued 'drasnet subpoena" for all the kilograms
that passed and Colonel George of that State.
So that while he subscribed to Nthc doctrine that
private communications Of individuals should be pro-
tccted he wished 10 say this occasion that there
purpose on the democratic side TO prevent the
telegraph from being opened freely on both
Sides and he thanked Heaven that there
com mmunication bearing his name that he was not
willing and would not be glad to have published and
he had already authorized the President OF the West
ern Union Telegraph Company TO produce every tel
cgram bearing his signature tAppnuse ON the DEM
ocratic side
Mr. GARFIELD suggested that it was the duty OF the
gentleman (Mr Hewitp to ask for inquiry, and be
(Mr Garrcld) would assist him in It
Mr.. SPRINGER tdem.l OF ILL.,, thought that there
no difference between telegraphc communications
and the accounts Of banking house;
and 1t had been the rule examine the banking ac-
counts Of various persons, notably in tho of An
drew Johnson during the impeachment trial. The
kilograms necessary in the present case order
to get At the bottom facts OF the election in the three
Southern States. Gentlemen the republican side
held that the House had nothing to do with the bottom
facts that all that to be done in the hands Of
the presiding officer OF the Senate, who count
the votes and declare who had been elected and that
the Senate and House had nothing do with tho
count; but he (Mr. Springer maintained that the
try had right to know the acs In regard to the elec
tion IN the Southern States.
Mr. HoAR, of Massachusetts, regretted that, In the
grave question OF the constitutional authority OF the
House, the gentleman from New YORK (Mr. Hewitt)
should have seen III to give partisan turn the ds
cussion. II that gcnteman's commune through
the post oihce had teen dealt with ne suspected
the to be made OF that fact throw
grave constitutional discussion. That gentleman
should rise and demand an investigation and, mat
ter whether IL \ republican democratic COM
mum lcutOn which had been hammered with ho niust