The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-11-01
GOV. Hariranfi's Reply 10 The
Allegheny Grand Jury.

PITTsBUKGH, October 3l.-Tne grand
jury OF Allegheny county issued sub
EGaas to Gov. Hartrantt, Adjutant'
General Lstta, Gen. PrInton and others.
to testify in the case of Gen. Pearson,
charged with murder. All those named
in the subpoena having been summoned
as private citizens responded, except
Gov. Hsrtrantt, who sent the following
letter in explanation:
CcMMoNw EALTH OF PESNsYLVANIA,
EXECUTIVE CHAMBER,
HARRISBURG, DC ooer 3Oth, 1877.
To Hon. j. VI. Kirkpatrick, Court No 2,
allegheny County.
Your HONOR l have been served
This day with subpoena ID the case oi
the Commonwealth VS.. a. l.. Pearson,
now pending before the grand jury Of
the court of oyer and termlner o,
Allegheny county, with notice that my
attendance is required on "Wednesday
morning, the 3lst inst. Although you will
permit me to express surprise tnat the
name of the Durt has been used to evade
or forestal the decision of the case now
pending in the Supreme Court to be
heard on Thursday, the lst proximo, In
volving the tight OF the judiciery to com
msnd the attendance of the Governor
and officers of the Executive Depart
ment, beg leave to assure you that my
refusal to obey the summons arises from
no disrespect to the honorable court, or
any desire To obsLruct or delay the ad-
ministrstion of justice. l do not object
TO giving all the facts IN my possession
necessary TO the criminatlol or de-
tense of any person concerned IN
the riots of last July, reserving
nv Constitutional right to judge OF the
expediency, but simply deny the right
of d co ordinate branch OF the Govern
ment; to compel the attendance OF the
Executive officers, or TO investigate the
manner in which, in their discretion, they
have performed their official duties. For
the purpose OF settling this question, In
volviug two important branches oil the
Govern ment, the Attorney. General has
appealed to the highest judicial tribunal
of the commonwealth, by whose decision
| have elected to be guided, although
perhaps an extreme regard. ler
the dignity and independence
of the Executive might justify
the assumption that the decision OF the
propriety of recognizing the authority
of q coordinate branch lies entirely In
the breast of the executive 1t was pre-
sumed that the Court equally with the
Governor was desirous OF preserving the
proper relation and harmony Of the two
braIc ches OF the government and would
leave the cause 10 be settled by the Su-
preme Court. But = subpoena framed to
avoid the techniCslities pointed out by
the Attorney General, but necessarily
involving the same principles, has been
serven OF the executive officers, which, If
obeyed, will evade decision OF the
higher tribunal Pending the decision
in that issue | have refused TO recog-
nize the said subpoena. All the
military movements will be reported
to the Adjutsnt-Genersl by the officers
in command, and together with all the
orders issued will be made public in his
annual report. Should there be any
other information required the Legisla
ture can openly investigate, and that
body and not the grand jury of Aile-
gheny county, Is conceived to be the pro-
per tribunal to inquire into the manner
in which the executive functions have
been performed. As the question will be
raised by my action alone, the .otticers
connected with the Executive Depart
nent will answer the subpoena to testify
IN the said case to the facts which came
within their observation as private cIt-
zens. As to their knowledge of the
matters connected with their official
duties, or the action OF the branch
of the government to which they belong,
they cannot be compelled 20 testify any
more than the executive himself, when
summoned IN their Official capacity. The
civil and military officers of the depart.
ment were instructed not 10 obey, but ss
they have been now summoned in their
private capacity in a definite case pend
ing before the court and not as quasi
investigation, it is believed that no injury
to the public service can result from their
testimony or any conclusions prejudicisl
to the rights or interests OF the common
wealth can be drawn theretrom.
l have the honor to be yours, very
respectfully, j. F. HARrRANFT.