The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-09

psrs, ana surprised rereadirg tho letter tha
/ nad heard n correctly. @r4
The Chairman suggested that the copy sent to Mr.
M,.thsws may not have come 10 mis- hands
no mentioned in that connection. ON the day after
our nrst lot OF testimony was printed being IN the
lug Senator Matthew'S. asked him II ne received
copy OF the printed testimony, aud he told me he
e esu nSi rom rnsn having my own copy wn.h re-
Senator Matthews, AZ that time supposing, however
that copy would be SOM, as suppose it has been.
The Clerk-lt was sent 10 him by u page.
GENERAL BurL.K's VIEWS.
ML buticr-rhls becomes very serious and I'M
portant matter affecting the privileges OF the House
o. Representatives. and whilo have tho honor
scat IN this body do not propose tamey TO submit to
any Invasion of its rights, privileges duties. BY
the nsttuton the House OF Representatives Is
charged with the duty OF prcforrng articles Of I'M
parchment against any Officer OF the government VINO
shaii % deemed IN It's Judgment to be guilty OF high
crimes and misdemcauors Tho House 10 made as IL
Is sometimes said, rhe grand inquest OF the nation
10 put IN motion tho legitna necessary steps
to bring hgh criminals before the hignrst court
Of the nation, tho Senate OF the United
20 40 these dufcs requires the fullest powers
iDg testimony. BeiOrc the low, 81 court which mas
man when properly called duo form mu n
appear aud gave evidence, under pain contempt OF
ior That contempt. How much more, tLcn, body
legislative In FORM but judicial In action, acting un-
der powers conferred tor TINT purpose by the coust
tuition, must every man, high or low, DO bound to
nppcar and testify when required In such case
whether our deliberations shall result In the
impoacbment OF anybody or not depends upon
the st,mony which We gel. II We
cannot get Testimony We cannot do
duty as committee al investigation. II any ono
man can stay awuy from The COMMITTED on any plea,
then any other man stay away and great % 1us.
ice may DO done, not only To tho United States
which wc represent but TO tho defendants or persons
implicated or pcrsons accused II Is excuse for
m IN to say II do not know anything which BIZ OF
advantage and therefore, will not co. No O her
obcc: IN view, having neither enemy 10 punish nor
trend 10 reward IN this nvcstig stion ncihcr guilty
mar In hialA 4
want 70 Know all the facts, the country
aii mo iacts, and every man must
TO mo because l had maae no preparation
IN my own mind Tor such at event my more than
had inado preparation to meet blow IRON my 500
when Returned 10 my honsvl remember that
subpoena iucos tecun, wns Orisrcd issued by
Cnief Justice Marshall sitting MS commissioner, as
magistrate ia tho INV csttgation oil Aaron Burr 10
Thomas Jefferson. tho President OF tho Uncd States
TO orDg before MIN certaa papers shat wanted,
nnd on noiion Of The defendant com promise
elected BY which the dcion greed receive
papers, because conicsscdly Mr.. Jefferson Knew
nothing OF the iac,s In the Same way VIC could
mako u COMPROMISE 80 lar as tho papers uro
concerned with Mr. Matthew but there IRE two miss
Ing papers and should.Ike 10 know how tnoy arc
missing think H. due TO tho persons accused here
that Mr.. Matthews should como testify Therefore,
tho only two questions IN my judgment aro:-Firsi,
Is the committee convinced that Mr.. Matthew's Is a
Witness VINO may DO possessod oi facts pcrBscnt aud
competent IN tins inquiry Having determined TINT
Question, the next question rs, has the Hoasc any
power 10 get ut thrt knowledge wnch no has or Is
supposed 10 havoY davins determined those iwo
quobtioHs-iuu tney arc 10 De discussed ana kraveY
cons,dercd-then The question comes. shall we SGT in
motion proper process for bringing him herey or are
veto surrender Tho privileges of the Housor there
lore suOnltthe following resolution -
Resolved, That tho Hon STANLEY Matthews seeminv q
be AN important and the investgn
sned said s1"aiy Ma,,hsw ia dae tosn TO
testify before this committee.
present TINS resolution In open session ana have
mado my remarks about It, because 1 am always
ready TO say on The hOusctUp what mean and whnt
deem TO DO right and proper. ana now move that
cyccu lion 0r1 pnP.
pose =! discussing tho RESOLUTION.
cox IxTKKrosEs.
MI Cox-l hope the committee Will not do so. !
nopc mat us tho discussion has been In public u may
be continued IN public.
MI. CoA-As remarked n moment since tho sub.
tect IS one 10 which have boon able TO give very
careful both ~ our remarks and In our action
nns what We do strictly within the limits OF the case
before US. Ny view with rofcrenes to what tho
Of tho unnod States or OF tho head Of
. department Ia cnargo OF trsat,os or
should have nothing 70 DO think with what VIC de-
iermine on lhis crsc. regret greatly that the CIR
d.oassou IL nowsver . sms oos s 1r any my
question whether this~oomn,tlcs right 10 SUD
prna scuaior 10 ssssiy here. None Of us, course
can bc quite igpqyant OF the TACT mat thsro
ccntiy been discasson IN Of tho Houses Of Con-
gross on ,thsy snoject, ana Of courss. sne pr,vl-
70 u member OF tho House relatively 10 Inc
senate as It does member OF the Scpale rsatvoy
Senate or any MEMBER OF tho senate with claiming
privilege Of thas BODY which wouid DO Il. MED
the question before us Is purely the privileges
81 member OF Congress, NO. ~ member Of tue
Senate nor asa nemosr Of Tho House OF Represcn-
taives II senator has tho right 10 plead privi-
lrgc why he should not appear as witness
before a COMMITTEES OF tho Hou'o either Of
privilege why We should not appear beior. "A senate
comm teo which 10 already Understood 10 havo begun
an investigation on one branch OF lns same subject,
us bep an 4
where there may be privilege which 10 perfectly
proper, and also why Il should nave some pain Inn
uatoua II vote Of The House to 10 taken or if
partos were closely divided, and when QUO Or two
votes wouid mako difference, or II there divi-
Sion which was not party divlron whore one
TWO votes could make 0iffc renee, Ishou d bs in
clihed 10 give rather large Latitude 10 tho privilege
bad right ns legislator TO be where vote shall
be effective; ana l tnink that has been SO lar
rccognizsd that twiIhoot now stopping 10 nunt do
tails, ! express u rs au opin'on, which think
Is well founded) q OF the United Siatos
uniformly receives, as Sufficient excuse Tor Tho
obedtcncc 10 testify that the person rubpGnacd Is
member Of Congress needed 10 rs place al tho
time that the Court nsks ms aticndauca think
know facts enough 10 warrant mo IN asserting that
point broadly and the rcasons abundant H. how
ever court tcvcn justice of tho peace) should
member ofCongresst to appear TO testify ut time when
II might not be inconsistent with tho performance OF
his own duiiss-i confess he case has different
TO me. know now no reason why member OF
Congress, under those circumstsnccs hould refuse
TO appear. Right there 1 draw tue distinction. Tho
citizen rs anenablc 10 tc laws but when acting In su
oHclu CAPACITY DO has w" rigbtt 10 the u protection
slso both oi the laws and Of the privilege 81 the body
10 which lac issy belong. think wo AVOID any
collision OF that Find by conGning ourselves nric,Iy
70 The question bctoto Us, anL W. can probably
svoid All collision anu trouble. think wc
ought TO DO reasonably cautious IN THIS
thing because tho matter having been n mstter
Of public debate In Congress- rihc. hous. Is likely
take decision IN regard TO " ANA msy 90 what would
make fnc pcrsobhI matter grow to DO ono Of rrsvcr
Importance. think therefore, that tho eubi IN
sucu case should be 90 wuidcd evideItIy 10 Tree
us from any OF those difficulties and tncn The question
would be onr which M, self should bc disposed to
solve ~ tho niann-r that nave Indicated.
Nj. Ncypii0n- How can Know unlil VIC subpoena
INN That souaor Matthews will absolutely avntl
sell OF his fo-cnied privilege thinx that tho
subp"na should issue TO him and then he can act
ui,onit ss he sees 1T and We act sec M.
Mr.. Cox-Tho only thing suggest Is that our sub
pnos should IN Itself ltmit tho hours OF attendance
10 such ones ~ shall DC maniestly outside OF tho
daily scrtiJps OF Congress.
MI Mnch ahon--li ws should conGnc ourselves to
our right 10 subLmnu MIN when Congress Is not In
session tho moment Conrrcss adiourns he could deiy
US, ihasinuch rs We could not the power OF tho
House 20 compel his attendance, ana after Congress
met again hc could again plead his privilege.