The New York herald., 1877-01-06

honor, man oil principle, Governor Grover was the
peer oil the Senator from Iowa
Mr. WRIGHT. OF Iowa, said II tar from bis
thoughts yesterday TO abuse Willy any one. He
accepted the facts as he understood them stated
his conclusions II the facts stated by him true
he had no word to take back
Mr.. KELLY argued that the Governor Of Oregon was
justified IN his action by decisions OF the supreme
Courts OF Indiana and OF Oregon.
Mr. WRIGHT said the Governor was mere minis
eral olcer, and there was decision which author
lied him TO decide judicial question.
Sir. KELLY argued that the question decided by the
Governor OF oregon was not q Judicial ono, Il was
political question, and tho Governor had the rght 10
decide IT,
ARGUMENT SENATOR sAyARn
MI. BAYARD, Of Delaware, said he heartily IN
favor OF all disclosures Of matters pertaining TO this
compelling the production Of testimony. AT the same
time he believed that there safety for any party
or any man except under the laws OF the land He did
not believe IN liberty divorced from law lie believed
that the Senate had full power authorize the nvest
CATION now being made by the Committee on Privileges
and Elections, but u must not forget that was now
making precedent lie reviewed tho questions which
the witness Turner had declined to answer and said
most Of them would allowed in court OF justice,
though one or two should be narrowed down and made
more specific.
lie then referred to the Investigation by the special
committee OF Mississippi affairs. made year ago. and
said wholesale production oi tcegraphic conmun.
cations was ordered by the majority of that commit
tee; but bo objected to such general production OF
telegrams In his opinion postal cards were not much
more public than elesrans OF to-day. Skful tele-
graph operators could be IN the where instru
mcnt was located and by their car could take mes
sage jus, as we'll as II seated at the instrument Tho
IN the production OF testimony and he would aid the
committee all in his to enforce the disclosure
question which the law would compel II witness to
answer elsewhere he would compel him to answer be-
tore n committee OF the Senate.
SPEECH CoSKLrNG.
MI. CoNKLING, OF New York, said II seemed to him
unfortunate that with so many empty seats the senate
should be called upon TO run the boundaries of those
communications which passed between citizen and cit
zen. This question in regard to telegraphic commu
nication was under consideration IN another form.
The witness Turner, he understood, had yet been
instructed by those for whom he acted, on account OF
the belief that the matter OF divusing telegraphic
communications might be settled another form
to-day. He therefore thought his resolution might be
allowed to stand until tho party called to testify
could consider the subject There thing
TAIN and that was either the telegraph would cease
TO be, as IL is, great convenience, those
who managed it would adopt some measure
which would make IL Impossible, legally and
OF dispatches. AS sai OF some great
military commander. 'Ho VIII burn his bridges"
Congress asserted the right TO tumble handle
every message which passed between man and man.
force them TO keep messages secret He would vote
with all the Senators TO unmask raud but the Senate
now was proceeding upon slippery ground. There
were mctcs and bounds which should Ue adhered TO-
ARGUMENT NORTON.
Mr.. NORTON OF Indiana. SAID he believed that
this whole subject. in regard to tho secrecy
OF teegraphlc communications was within tho
power OF Congress, and might be regulated by
Congress. 1t a subject for Congressional egis.
lation and should be egslated upon. There
law to punish the disclosure OF telegraphic
noatons in this district any of the Territories of
the United States although the government daily sent
messages Of the most important character The
statutes of oregon referred to did not prevent
the witness Turner from testiiying. 1t pro-
vided for the punishment OF any wiul disclosure
Of a telcgraphc communication; bu. teegrapher
punished under It, There was no doubt Congress
could put telegraphic despatch upon tho same foot.
ing with letter in the mail regard to secrecy and
dispatches should be protected to some extent
PRECEDENT.
Mr. CockRkLL- tdem OF MO, said no senator naa
been able to state that precedent for this case had
ever been before the Senate. He had upon examiha-
ton, found that during the impeachment OF Andrew
johnson the Senate of the United States, with tho
Chicf Justice presiding had summoned Charles A.
Tinker and compelled him TO produce tele-
grams which passed between Mr. johnson and Mr..
Parsons, OF Alabama. Hc (Mr. Cockreln was decd-
odly IN favor OF letting the people know what the
political parties which pretended tho people
had been DOING and would therefore vote Tor the
olutiOn.
The question: being on the passage tho resolution
rcSulted:-Yeas 80, nays 3-no quorum voting. So
the Senate. at fifteen minutes To three r. M adjourned
until Monday.
Tho vote III detail was ns follows:-
YEAs-Mossrs. Allison, Bogy Booth, Boutwell,, Bruce.
Cameron Of psnnsyIvsna, Chatiee. Clayton. Oockre.
Of Florida Kelly, Kernan, MeCrecry. Maxsy Mitchell.
U ancs ws and
NArs-Aessrs. Barnum Burnside and Eator-s
HOUSE OF REPRESENTATIVES,.
WASHINGTON, Jan. 6, 1877.
The House proceeded to the question Of the rccu-
witness, Mr.. f. W. Barnes the New Orleans
ager Of the Western Union Telegraph Company, the
presenting him before the bar OF the
House
ADDRIss OF the SPEAKER
The SPEAKER, addressing Mr. Barnes, said that it
was his the speuker's) duty ask him what excuse
he had to offer Tor tho failure to produce before the
House committee sitting at New Orleans kilograms
called n tho subpoena served on him.
Mr.. BARNES replied that his answer had been pro-
pared in writing by his counsel, Messrs. Lowrcy and
Ashton, and no asked that It be read hy the Clerk
The SPEAKER suggested that tho answer should be
under oah, and Mr.. Barnes replied that 1t under
oath.
ANSWER OF MR.. BARNES
Tho Clerk thor proceeded 10 read the answer which
Is voluminous paper, quoting oil tho proceedings
paper designated as a subpoena not In form sub
stance subpoena to him or to any one else except to
John g. Thompson, tho Scrgeant-at.Arms, named
therein that 1t was in no sense an order OF tho House
which could be subject OF obedience disobedcnco
TO lin and that such paper could not bo rghtiully
made the ground of infllcting penalty on him. The
paper then goes on 10 argue the invola-
Dility of teegraphic dispatches, citing in sup
port OF 1t "Cooley's Constitutional Limitations" f"
IL then rccitcs the rules OF the company ior5dding
the communication OF dispatches wnen applied for,
unless by permission OF The executive officer or by tho
order OF court Tho witness then says that soon
he received tho paper served upon him apprlscd
his OF the TACT and asked for nstruc
TONS Another reason Tor his doing that some
tmc previously hc mad received Instructions IRON the
superintendent at Mobile to send him all the business
that had passed through tho New Orleans Office from
the 1st OF November TO the 9th OF Doce ember he
had done before he had been served the paper
OF the committee. The instructions received from
superintendent were to decline furnishing the de-
spatches called for and that he would be relieved OF
all responsibility In tho matter lie declares that
since the traDsmiAsiOn OF tho papers to MOBILE ha
has had no control over them, nor has he any
knowledge whatever that such messages
called for III the paper ever passed through the
New Orleans Office. He does not believe that II any OF
them aincd the Office their legal possession
IN hun u subordinate cmpioye, and he expresses tho
belief that IL he had undertaken to rutnmagc Office
Tor them and carry them away he would have been
committing an actual trcspass. He also pleads. hc
says. that the paper served upon him couchcd in
such sweeping terms as 10 be general warrant
ing within tho prohibition OF the constitution and at
variance with the great principles OF personal liberty
and right established Tor all freomon OF the AugO-
Saxon race; also that the Legislature OF Louisinna