National Republican., 1878-06-10
THE TITLE INQUEST.
TTDnfjDyr.I from me-, ~,

| eN''"'',c Sessloh lor INC purpose Oh ulScu'HIhs
| the resolution.
Mr.. Cox-l hope the committee will not do
so. ! hope that, as the discussion has begun In
| public. IL may be continued IN public.
Mr.. Butler-1 am content. | have no objcc.
tion.
Mr.. Cox-As l remarked n moment since
| the subject Is one to which have been able to
give very little thought or study. think that
we ought to he careful, both in Our remarks
and In our action, to cnnfne what We do strict
ly within the limits of the case before us. Ny
Wow with reference 10 what the public service
may require Of the President of the United
States, or of tho head ofa Department in charge
! OF treaties or papers, rs to nnrting with their
custody, should have nothing TO do, think,
with what we determine on in this case. |
regret greatly that the circumstances have
given rise to the necessity for any discussion
II is, however, simply and solely the question
whether this committee has n right TO subpoena
n Senator to testify here. None Of us, Of
course, can be quite ignorant OF the fact that
there has recently been discussion In one OF
the Houses Of Congress OH this subject, and of
course the privilege, il 1t be privilege, applies
as well TO member Of the House relatively to
the Senate rs It does to member Of the SEN
ate relatively to the House. think that no
one will charge either the Senate or any mem.
Der of the Senate with claiming privileges for
that body as such which would be denied with
reference to the House as such.
Consequently the question before us spurely
one rs to the privilege of member Of Con-
grcss, not ms member Of the Senate or MS n
member of the House of Representative. 1fa
Senator has the right TO plead tho privilege
| why he should not appear before committee
of the House, either OF us would have the right
to plead the privilege why we should not ap.
pear before Senate committee, which is al
ready understood to have begun an invcstiga-
tion on one branch of this same subject. With
such light as l have been able to get, can see
where there may be privilege which Is per-
fectly proper, and also why 1t should have
some plain limitations. II vote Of the House
was to be taken, or II parties were closely di-
vidcd so that one or two votes could make q
difference, or If there was n division which
was not a party division where one or two
votes could make difference should be in
clined to give rather n large latitude to the
privilege of a member of either House, and to
insist that he has right as legislator to be
where his vote shall be effective. And | think
that that has been so far recognized that with
out now stopping to hunt up details, cN-
press 1t as an opinion which | think
is well founded, that court of tho United
States uniformly receives rs n sufficient excuse
for the non-obcdienco to testify, that the per.
son subpTnacd is a member of Congress and is
needed in his place at tho time that the court
asks his attendance. / think | know facts
enough to warrant me in asserting that point
broadly. Aud the reasons arc abundant. IT.
however, n court (cven justice Of the peace
Should ask n member of Congress to appear to
testify at time when II might not he incOn.
sstcnt with the performance of his own duties
| confess that the case has seemed different tC
me; and l know no reason why member o
Congress, under these circumstances, should re-
fuse to appear. Right there draw the dis
tinction. The citizen is amcnablc to the laws
but, when acting In an official capacity, he htt.
/ al 90 Lao fall y1- IntI nj
the laws and of the privilege of the body tC
to which he may belong. l think VIC eau
avoid any collision of that kind, and, by con
) tining ourselves strictly TO the question before
us, can probably avoid all collision and trouble
| think We ought to be reasonably cautious IN
this thing, because the matter having been {
matter of public debate in Congress, either
House is likely to take decision in regard tc
it, and may do what would make the personal
matter grow to be one OF grIvcr importance
/ think therefore that the subpoena in such 1
case should be so worried as evidently to free
us from any of those difficulties and then th,
question would he one which myself shOult
be disPoscl to colvc in the manner that hav,
in Heated.
Mr.. McMahon.-Ifow can VIC know until W,
subpoena him that Senator Matthews will ab
solutely avail himself of his so.caled priv
lcgcf think that the subpoena should issuC
to him, and then he can net upon 1t as he sec,
| NJ, anu We VuH NCl NS VIC rec nl
Mr. Cox.-Thc only thirg | suggest Is that
our subpoena should in itself limit the hours o
attendance to such ones us shall hc manifest 5
outside of the daily session Oh Congress.
Mr.. McMuhOn.-lf we .nuUll confnc or
selves to our right to suhp,nru Him when Con
grcss is not in session, the moment Congress
ndjOurns he could defy u.s. iuusnuch rs w
could not get the power of the House to com
+ pei his attendance, and after Congress iuC
again he could again plead his privilege.
i The Chnirman.-'rhat is not what NIr. Co,
means.
Mr.. Cox-Not at Gll | bimply stated TIA
1t seems to me that the question is, first, ha
the party issuing such II subpoena the right b,
law 10 issue it? If yea, then the question is
Is the party who is summoned excused from
\ attcndimgY If so, what Is that cXcuscy
/ myself have never gone so far rs yet, aud
am not prepared to 80 so far as to say that il
u court ofjusticc sitting near tho Capitol o
elsewhere the privilege Of II member should b.
pleaded beyond the attendance on the rcgula
= daily sessions where legislation is going on.
think that within that limit it would be jus
$ rs If Judge were suhpUnccd of his Owi
. bench, and he could plead that he could no
. attend the subpoena during the session Of hi
own court.
Mr.. Butler.-As offered the resolution 70
the invitation, it is perhaps not improper fu
Iuc 10 remark on what believe 10 be tn,
: proper course to ha taken. When l onercl
= that resolution supposed that Mr. Matthew
would he glad to come here at once, to haYl
: his explanation 60 out with those letters.
j put in the words "at once" but IL WAS sug
gCStcd by n member Of the committee that tina
Q might look pcremptOry and yielded aud til,
Il words "Nt his convenience" were put in, so n
t to give him just such time as ho pleased t,
Z take. That, thought, was due TO him. ! hOt
r the idea at that time that II was doing hin
II rather favor but my opinion to-day is Of III
consequence oil that matter. Still, | shoult
: have framed the resolution which | have nov
c offered differently if Mr.. Matthews had said
$ MY attendance on the Senate and my lcgisla
tive duties so occupy my time that | CamnO
$ leave ! think that that excuse would hav,
: been one TO be weighed and considered will
r., great care; and ! suppose the rule is exactly II
# my colleague, Mr.. Cox has stated it, that
court will not issue a subpoena to party at
y distance who Is a member of Congress whel
g such subpoena would call him away from hi
s duties. When court issurs its subpoena il i
/ n perfect excuse to set forth other and publi
f. duties aS IN answer to such subpoena.
= But Mr.. Matthews takes no such ground
He takes the ground that he declines to appea
: for the reasons which ! have before stated. ii
!. docs not suggest the very proper ground whicl
G his friend, Mr.. Cox, has suggested for him
J. Therefore suppose that he wants to make n
c issue on the question whether he can b
:. brought here ut all, and pick up the glove Il
: he throws it down precisely. lie seems to sc