The sun., 1878-06-12
Tho subpoena was signed. MS usual. by Speak
" NnndAll and altested by the Clork OF the
A Question OF Privilege.


The interesting question whether a mem
bcE either House o, Coneress can be COM
before committee Of the other House Il again
rgised and VII probably be decided n the ease ,,
addressed letter on Saturday to tho Charm
Of the House Investigation Committee. declin-
This Litter gave rise TO long debate in tho
COMMITTEES. Mr.. Jacob ID. Cox remarked that
court Of the United States uniformly receives us
a sufficient excuse for the non n-oledrnre TO ties.
tiiy. that the person suhprnaed is member OF
Congress and is needed in his place at the timc
that the court asks his attendance. But ho
added:
T. however court even Justice Of the gsose should
Wien II mp9t not He ncon.i.aft win tbe Scrirnenc
Of his own duties, confess the case ha~ seemed dif
iernt to me. know now no reason why member of
Congress under thee circumstances should refuse ap
par hishi Lcrc draw NE distinction The ciulrh -
lac' he has the rHht e the u protection also both Of
belong
Mr. Butler took the broad ground that by the
Constitution the House OF Representatives Is
charged with the duty OF prelerring articles OF
impeachment against any officer Of the Gov
crnmcnt who shall be deemed in its judgment
to be guilty of high crimes and msdrmcHnors.
The House is made as IL is sometimes said.
the grand inquest OF the nation" to put In
motion the Legitimate and necessary steps to
bring high criminals before the highest court
u the nation. tho Senate Of the United States.
sitting as a court Of impeachment, Properly 10
DO these duties requires the fullest powers Of
taking testimony. Before the lowest court
which has the jurisdiction OF the lowest misde
meanors, every man. when properly called upon
in due form must appear and give evidence.
under pain Of contempt Of jurisdiction OF the
court an subject to be- punished for that con-
tempt How much more then. before body
legislative In form. but judicial in nature. act
ing under powers conferred for that purpose
10y the Constitution. must every man. high or
low. he bound to appear and testify when re-
qulrcd IN such cnsef
With view to testing the question. tho COM
miitce heit. con. adopted tho Following resolu-
ton
R,,,'r-i. That the Hon stanley Matthew. seeming to
he an n,rgrmni amh conn.unt witl.ss n the Nrs,iTa
uon YIN which ,hi. SoI,,re T. ,hars.d slorma ,e
issued 70 .nni,n sad stanley Matthews IN due iorm to
II senator Matthews adhcres to the opinion
expressed in his letter 10 Mr.. Potter and refuses
| To- obey the subpoena. ns he has refused to COM
| uly with the lnyltation oi the committee. the
gu.stion oi privilege will have to be- decided 10y
| Congress. and If the two Houses should differ
| vn.vrd. there will be an unforunnte collision.
! In 1912 il was questioned whether II WIS within
| the constitutional power OF tho British hous',
| OF Commons TO compel the attendance even OF
! one OF lis own members to give evidence before
/ % sele't committee. In the course of the debate
Speaker Mr. shaw Ieiryrei being called upon
20 state what he considered 70 bee the usage with
r'sI~t to mrmh"iIS attending select commit,
| the Journals. within the last two or three days
. and had not ~ yet discovered any instanr,
/ where an order had been made on member ol
the n nusr 20 give evidence before select com
| mittrr.' Thcdenaie was adjourned o. enable q
| committee to- further search for prec,dents but
! on the day for r,'~uming the debate. the member
i'm question hnyiue sienihed his willingness, l.
attend the committee the motion was with
drawn and the matter ended. MIR. Cush-
ing. in a note on this matter in his valu'
able work on parliamentary l;1w. SAYS tina
speaker LeieVrc seems to have entirely
overlooked the case of the four members
vino. on the 18th of January. l72O. were urirro,
hy the House To attend the Committee Of Seer"
cy, and hc examined rs witnesses in the mos
solemn manner relating TO certain proceeding
OF thu South Sen Company OF which these mem
hers We're directors. And he also refers To- the re-
marks of Mr. Wynueand SIR Robert Peel Hans
l2l. xviii l.OG7, Nc., l.0si. Nc.L in which th'
authority nf the House To- compel it, member
To- testify l. fully sustained. Ii member of tn
House - Commons refuses to attend and Civ
his evidence. the committee Is 10 inform TN
House of such refusal. and the House ma
then, II rthlnks proper, make an order Tor IN
att endanre of the member before the committee
Til" parliamentary practice thus seems to b
clear enough a. 10 Ia" authority OF IN" House L
compel one of lis own members 70 give evidenc
b"lor" ON" of its own commi,ttccs But rs T.
| members Of the other house. Mr.. Cushing state
the practice rs follows:
r. sg % + S geeT % 9S9a S@adS he d s, rr to FS a
cDmntiec oi that iousc me .sasr i. ~n, ly the ou,
oi common. to the Lords ~ request that their ler'
.rier to Ia, ne,ng examined II 81, Iesr should he !.
NaN" slhm'tltN .N'il l"l mn '" a'l'lll Nlh ~" -
anuned y he tinN, IT, not lr'scni me SAG y II
consented 10 The ,anc form exactly i observed b
, % The l1uso ~ Commons
= The parliamentary law ~ England as II wa
down To- the time II the declarai ion of America
independence, is part OF tuo common lhW
this country. and IN tuesc matters of priVleE
we suppose that, unless varied 10y statute. I'll
relations betweon the United States Senate an
, House II Representatives are similar TO thos
between the English House Of Lords and Hous
| or Commons. rs a necessary part oi the pOW'
3 uf impeachmept. there can bo no doubt TIA
tina House OF Representatives has tho right
iuyo- gate the conduct of all public ofirrrs ul
deg the Government and ~ Pros idrnl Polk a'
! mitted m his message to the Tweuty-ninth Con
Eress ,sce journal ol the first session, 693l. ii
! House has power in the pursuit Of this object
! | penetrate into the most secret rert~ses of Il
! | Executive Department. But Senators are n
! cNecufiVn officers Liable To- impeachment. nI
u There may Dee room to doubt whether they cI
y he forced To- submit To- examination hy a con
mittcc of the HuuS" 81 Representatives in al
case. and especially IN Il natter which the SCI
alto Itself has undertaken To Investigate 10y
, committee Of its own mcmbors. The debate
y Congress ON this subject and the ultimate i
; c.sion Will he looked for with great interest.