The New York herald., 1878-12-21
GENERAL WASHINGTON DISPATCHES.

THE SHANGHAI CONSULATE INVESTIGATION
SERIOUS PROPOSITIONS FOR MR.. SEWARD
WILL HE PRODUCE HIS BOOKS?
In the Committee of the Seward Investigation to-
day the question came up whether Mr.. Seward him
SELF who present. be required to be and
give testimony. It appears that some Of the books
Of the Shanghai Consulate, which the State Depart
ment required to furnish to the committee. are
not to be found among those that have been fur
nished. particularly blotters in which the daily
transactions Of the Office recorded, and which
books Mr.. Seward is alleged to have taken with him
from Shanghai to Pekin. A subpoena duces tecam
was therefore lat ihe request of the counsel for the
prosecuting witnesses), issued and served Mr..
Seward last evening, requiring him to produce all
such books. voucher books and papers This SUBJ
pena read this morning by the chairman and
the answer to it was called for.
Mr. Merrick. counsel for Mr. Seward, claimed for
his client that such a demand was in plain violation
of the constitution and Of the law; that Mr..
Seward before the committee in the position of
prosecuted party that all the records and archives Of
the Consulate in the State Department. that Mr.
Seward could not be required to produce books or
papers of his in order to furnish material for his
own prosecution liz there any such). and that
a contrary rule would be worthy only of the
of the iron boot the thumbscrew and the torture.
Mr. Carpenter counsel for the prosecuting
witnesses contended on the other hand, that Mr..
Seward must make personal response to the sub
pena; that he must first take the oath as witness.
and that he could only plead his personal privilege
mot to be compelled to crminate himself) when such
a question presented itself.
The chairman, Mr.. Springer, of Illinois. said. in
indicating what his decision of the question would
be- the committee will hold extra session. in which
it will formally determine what course to pursue
but in order that we may have before us. in the
extra session. every fact deemed necessary to the
full understanding Of the question. I desire
to state the position which think the
investigation has assumed and what is the duty
of Mr. Seward with reference to the subpoena and to
his answer to such questions may be put to him.
ON the 27th OF April last. while investigating
this case, Mr. Seward absent at his post Of duty
in China and his counsel requested that he might
be permitted to be present in order to enable counsel
to crossexamine Mr. Wells and that Mr. Seward might
be able testify in his behalf II he desired to
do The committee took that subject into consider
alton Some members OF the committee thought IL best
to make a report the case immediately and
to insist upon the close of the investigation
at that time, but it finally decided that
another course should be taken. and. in
order that there might be misunderstanding as to
the conditions which this continuance was had
letter was addressed to the department the 27th
Of April 1873 signed by myself Mr.. Turner and Mr..
Bundy. informing the State Department that the
committee would be glad to afford Mr. Seward the op
portunty to appear in person. and suggested that the
notification be by telegraph and upon the condition
that he be required to bring with him books. vouchers
and papers relating to the business of the Consulate
General at Shanghai during his incumbency Of the
Office. which were, rs is alleged, removed by him to
pckin. On the LIST day of May thereafter despatch
sui General Mt Shanghai. in the words following:-
Inform Seward that subcommittee. motion Of
his counsel, consent to reasonable time for his ap
pearance here Leave granted. and he is required to
the business of the Consul General at shanghai.
China. including any which may have been taken to
Pekin. Telegraph answer EVAkTS.
request has been made to the state Department
TO furnish this committee with such books Mr..
Seward has transmitted to 1t. We have = communi-
cation from the State Department this morning from
which it appears that the books taken from Shanghai
to Pckin are not in the State Department. These
books described particularly in Mr. Wells testi
mony, and arc stated to be the books OF original
try for the of money paid into the Consulate at
Shanghai during Mr.. Scwards incumbency Of the
Office. These books were stated In the evidence
(Which is not contradcted up to this time before tho
committed taken by Mr.. Seward to Pckin.
and when tho department telcgraphed Mr.. Seward
60 conc here, ho was required to bring with
him those very books. among others. These books
not having been brought before the committee
counsel for the prosecuting witness requested the
issuing Of a Subpoena duces tecum to Mr.. Seward,
ordering him to produce them and such a subpoena
was issued by the committee yesterday Mr. Seward
Is here to-day upon leave of absence granted TO him
by the state Department and he is required at the
same time to bring with him the books which this
subpoena calls for.
This investigation was continued nt the request of
Mr.. Stewards counsel. the condition that Mr..
Seward should bring those books. Now, when a
subpoena has been served on Mr.. seward to produce
those very books his counsel answers that the books
arc his, and that they advise him not TO produce