New-York tribune., 1878-12-21
THE BOOKS AT SHANGHAI.
ACCESS TO SOME OF TIE MEMORANDUM BOOKS RE-
FUSED BY MIR. sEwARD-MR SPRINGER IN
CLINED TO MAKE A ROW ABOUT 1T.

FUSED BY MIR. sEwARD-MR SPRINGER IN
CLINED TO MAKE A ROW ABOUT 1T.
GENERAL PRESS DIsPATCH.I
WASHINGTON. Dec. 20.-1n the committee of the
Seward investigation to-day, the question came up
whether Mr. Seward himself can be required TO give
testimony. 1t appears that of the books of the
Shanghai Consulate, which the State Department
was required to supply to the committee, are
not to he found among those which have been
sent in. particularly blotters in which the
daily transactions of the Office were recorded.
1t is alleged that Mr.. Seward took these
books with him from Shanghai to Pekin. AsubpGna
duees tecum was, at the request of the counsel for
the prosecuting witnesses, issued and served on Mr.
Seward last evening. requiring him to produce all
such books. This morning Mr. Merrck. counsel for
Mr. Seward claimed that such demand in
PLAN violation of the Constitution and of the COM
mon law; that Mr.. Seward was before the
committee in the position Of a prosecuted
person; 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 own in order to supply ma
terIal for his own prosecution Qf there were any
suchl, and that a contrary rule would be worthy
only of the era of the iron boot, the thumb-screw
and the torture.
Mr.. Carpenter counsel for the prosecuting wit
his personal privilege mot to be compelled TO Grim
mate hmselN when such a question presents itself
The chairman indicated that he shared the
views presented by Mr.. Carpenter. but after dis
cussion of over two hours Duration the decision Of
the question was reserved for an executive session
of the committee. Mr.. Springer, the chairman, sad
that an extra session would be held to decide the
matter but that he desired meantime to explain
the present state of the investigation. He gave
long history Of the proceedings, and said:
Mr. Seward is here today upon leave OF absence
granted 70 him by the state DEPARTMENT. and he was re-
qured At the same time 10 brlng WIN nm th9 DOCKS
which this subpoena calls tor This Investigation was
dtiOn that Mr. Sew0rd should bring those books Now,
vine a subpoena has been served Oh Mr. seward to pro-
duce those very books. his counsel answer that the
books are his aud that thev advise him Ot TO produce
them before the committee, and not to be
ton. 1t appears to me that Mr.. Seward having
hesn u6PGn"d to testify % before ore this s9mmea
Judge Of the bropTety OF any quSauonS th"' may De
10 he sworn is criminal offence The President OF tho
United states cannot refuse 10 be sworn. II lie should
come before this committee and refuse to sworn he
would be guilty Of mdctble offence under the stat
utes OF the United states and might be indicted ~ me
prsoned less than thirty days So there no one 50
high III this country from the President to the humbest
citizen not 10 be required TO be sworn when called
upon by the proper tribunal. That Is the hrst step
Now we come 10 the next G step: ,.ronr, Tho oros
On being put hun, the committee will decide whether
Is "A question Tor MIN 10 answer. IL lie Claims
his privilege that he cannot answer the question with
out terminating himself land that Is the only claim
which any witness ever had, even In court OF iusce
the committee viii then decide. and the committee can
tuen only determine whether IL Will report the wit
ness to the House for contempt In refusing
to answer the question. The question must he set out
before the House in hdc Derba. The House must know
the very words OF the question submitted 10 the Witness
and his reason for not answering. We never know
whether is made out 10 bring the witness before
the House until have proceeded another step IN tins
case Therefore think that Mr. Seward must now be
swOrD or refuse to be sworn.
After some further discussion the committee went
into executive session, adjournng its open session
until to morrow at 10 o'clock