Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-06-09

atoF Mathews printed copy OF the first days pro-
ceedtDgs In which his name IS mentioned?
The chairman called on the clerk, and the clerk
replied that he had sent copies OF the testimony to
Nj; Mathews Mr. Sherman and Mr. HaSes J..
| fact. supposed / had mishsard the reading OF
Senator Mathews's letter to the committee on that
OF what was done here except from the public news
papers. and was surprised on reading the letter,
The chairman suggested that the copy sent to Mr..
Mathews may not have come to his hands;
| Mr.. Cox said: fact Occurs to me which ought 10
be msntloDedtln that connection. On the day aILsI
first lot OF IN ny, vas PRINTED being IN lie
| meeting Senator Mathews, | asked him II he hid "a
me he had not then Having my own copE, which
received from the clerk In my pocket, gave II 70
| been.
ar. Butler-Thls eecomes a very serious and i'm
portant matter affecting the privileges OF the house
In this body, do not propose amely to submit
to any invasion of It's rights privileges or duties
charged with the ty of pieferr:ng articles of i'm
Who shall be deemed in its s Judgment 10 be guilty Of
high crimes and miSdemeanoIs. The house is made,
as 4 Is som-tlmss said. The grand inqgest
and necessary steps to bring high criminals
The senate of the United states, Sitting as
court of impeachment, properly TO do these duties,
requires the fullest POKER of taking testimony Be
fore the lowest court which has the jurisdiction Of
| the lowest class of mlsdemeanors. every man, when
properly called upon In due FORM must appear and
give evidence, under pain OF contempt OF the juris
dction Of the court aud sub1ec TO be punished for
lative in form but judicial In action acting under
ton, must eyery man high or low, be bound to ap-
| pear and testify Wh-n required In such cas-.
Impeachment peach Of anybody OF not depenes
| upOn testimony which we can get IL we cannot GIT
tee of Investigation Ii any one man can stay away
from the committee on any plea, any other man can
to the United States which represent, but to the
| defendants or persons implicated or persons &C
know anything which can be of advantage, and
Therefore will not co. want to know all the facts.
TO punish nor friend to reward Ia tolls Investigation,
neither guilty person to shield nor an innocent one
to convict want to Know all the facts. The coun-
try wants to know all the facts, and every must
here who is sent foe sNay it now occurs to me.
mind for such an event, any more than had made
preparation TO meet blow from my son when re-
| turned 10 my house, remember now that a sub
pena dces tecn1 was ordered to be issued By Chief
Justice siarshall. sitting as commissioner. rs mag
jefferson, President OF the United States, TO bring
before him certain papers that were wanted, and on
motion of the defendant a compromise was effected
by which the defendant agreed to receive the papers,
scs I9 tbe coud MAKE T1
so far as the papers are concerned with Mathews;
b1S know how 5e tney are 9ss4g think il due ie
persons accused here that Mathews should come TO
testify; therefore the only questions in my udg-
ment, are: Fir t, is The committee convinced that
Mathews is witness who may be possessed of facts
pertinent and competent in This Inquiry Having
determined that question the next question Is, Has
the house any power to get at that knowledge which
he has, or is supposed TO have? Having determined
these questions and they to be discussed and
gravely considered then the question comes Shall
set in motto proper process for bringing him
here or are We TO surrender the privileges of the
house therefore submit the following resolution:
IceSOLU,d That Hon. Stanley Mathews seeming to
be an important and competent witness in the in
vestgation with which this committee is charged
subpoena be issued to summon said Stanley Math-
ews in due form to testify before this committee
present this resolution in open session, an d
l have made my rem 4rkS about it, because am
always ready to say, on the house-top what mean
and what Deem to BE- right and proper and now
for the purpose OF discussing the resolution.
Mr.. COX-I hope the committee will not do So |
hope that as the discussion has been in public, it
may be continued in public.
Mr. Buter-I am content. have no objection.
Mr.. Cox As 1 remarked moment since, The sub |
ject is one to which have been able to give very
careful both in our remarks and in our action, aud
to confne what we do strictly within limits to the
public service may require of the President of the
United States, or of the head of the department IN
their custody should have nothing to do, think,
with wha5 We determine in this case. regret |
discussion. 1t is, how yer, simply and sole |
ly the question whether this committee has the |
right to sub jena senator to testify here None of
of course, be quite ignorant of the fact that
there has recently been discussion in one of the |
houses of congress this subject and, of course,
the privilege, II Ii be privilege, applies well to
does members of the senate relatively house
think will charge either the senate, any |
member of the senate, with claiming the privileges
reference to the house such. Consequently, the
of mefaber of congress not as a member of the |
senate member of the house of representa- |
tives If a senator has right to plead privilege WHY
tee of the house either of would have the right to
senate committee which is already Understood to |
have begun an lnvS stgation on one branch of this
same subject. with such light as have been able
to get, can see where there may be a privilege |
which is perfectly proper, and also why it should
hou us Was S to Be taEen Or If parties u were
SGs could ma aRd ghe on there dive
son which was not party division, when two votes
csther a ande 10 the nrye ' of m 10 gf
either house, and to insist that he has the right
1t is we'll founded that court of the Uaited States
uniformly receives as a sufficient excu g for non
member of congress and is needed In his place at
the time the court asks his attendance L think
point broadly, and reasons ara abundant. IT, how
ever, court or even justice of the peace, should
testify at time when it might not be
Inconsistent with the performance nan of his
ferent to me, and know 10 reason why member
of congress, under those circumstances, should re-
The citizen is amenabIe to the laws, but when act,
ing In official capacity he has the right to the full
eyes of the body t. which he may belong. 1 think
may avoid any collision of that Kind by conining
ourselves strictly to the question before think
ought to be reasonably cautious IN this thing, be-
cause the matter having been matter of public de-
bate In congress, either mouse is likely to take de-
cision In regard to 1t, and may do what would make
% gFew re fs a Ing he 81 I1er IN s%c
case, should be so woIded as evidently to free us
from any OF c ah6 f6en me m
solve In the manner have indicated.
Mr.. MMahon-H1w can we know until we sub
himself of his called privilege? tn nix that the
subpoena should issue to him, and then can act
upon Ii as he fit, and we can act see fit.
| Mr. Cox-The only thing suggest is that our sub
pena should in itself limit the hours of attendance
| to such shall be manffestly outside of the
| daily sessions OF congress.
Mr. M'Mahon-If we should confine our right to
moment congress adjOurns he could defy us, mas
much We c, ud not act the power of the house to
compel his attendance and after congress met again
| he could again plead his privilege.
| The Chafrman-That is not wnat Mr.. Cox means.
| Mr. COX-NOt at all. simply stated that 1t seems
to me tn It the question Isl FIrs-Has the party issu
ing such subpoena the right 6y law to issuse it? If
moned excused from attending? If So what Is that
excuse? myself nave never gone 50 far as that
| a court of justice sitting near the capital else
where the privileges or members should be pleaded
beyond attendance regular sessions where legis-
lation is going on thing within that limit it would
bench and he could plead that he could not attend
the subpoena during the session of his own court.
vtaton, it perhaps not improper for me to remark
ON what believe to be proper to be taken.
| When | offered that resolution / supposed that
Mathews would be glad to come here at once to have
his explanation go out with those letters. l put in
the lat once' but 1t suggested by men,
Der of the committee that that might look peremp-
tory ana yielded, and the words lat his convent
a he pleased to take that thought was due e
him. had an i'd a, at the time, that 1t doing
him rather favor, but my opinion to day IS of no
cnSequence on that matter S i'll, l should hava
| framed the resolution which have now offered diff
| ferenty, IL Mr.. Mathews had said: my at
| tendance the senate anu my legislative
| duties so occupy my time that l cannot
| leave" think that excuse would have been one to
| be weighed and considered with great c,re. sup
pose the rule is exactly my colleague ICOXl has
stated it, that the court will not issue subpoena
| 10 party at a distance who is a member of con-
gTess, when such subpoena would call him away from
his Guti,s When court issues its subpoena, 1t is
perfect excuse to set forth other and pubic duties
1 answer to such subpoena, but Senator Mathews
1 takes such ground He takes the ground that he
declines to appear for reasons which have before
stated He does not suggest the very proper ground
| which his friend Mr.. COXl suggested for him.
therefore, suppose he wants 10 make an issue the
question whether he can be brought here at all, aud
| pick up the glove precisely as he throws Ii down.
| He seems to sci np the nTiYisge of the sanate