The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-12-21
MINISTER SEWARD CoNrUMA crous.
Refusing 20 Produce the Books aud Papers
Called for by the auhpnnn.

WASHINGTON, Dec. 20.-The Springer Com
mttee had long and exciting session to-day
The time was mostly taken up by counsel on
both sides over the subpoena duccs tecum is
sued by the Committee yesterday for Minister
Seward to appear before tho Committee to-day.
He was directed to bring with him all books.
papers and vouchers relating to the business OF
the Consulate General nt Shanghai during his
incumbency Of Office including those removed
by him from Shanghai to Pokin. At the meet
ing this morning Chairman Springer called
upon Mr. Seward. who was present. to produce
the books. In obedience to the subpoena. Mr..
Merrick. his counsel. made return for Mr. Sew
ard to the effect that these books were necessary
to Mr.. Stewards defence and that he could not
be required TO furnish them. for in doing so he
might criminate himself Ho added that Mr..
Seward was before the Committee in the posi-
ton of prosecuted party; that under tho Con-
stitution Of the United States no person could
be compelled to testify in any case against him
solf and that the furnishing OF these books
would be furnishing testimony for his own
prosecution.
This return provoked an animated discus
sion. In which Mcssrs. Carpenter and Coleman
Merrck and Ashton. as we'll rs members Of the
Committee participated. Mr.. Carpenter insisted
that Mr Seward should be sworn in order that
he might be interrogatcd as to the custody Of
these books and as to his reasons for not pro-
ducing them before the Committee in response
Mr.. Merrick objected to this.
Mr.. Springer. as Chairman Of the Committee
held that under the act Of Congress lsection 1903
OF tho Revised Statutcsl Mr.. Seward having
Oeon suoppnaed to appear. was required to
testify before the Committee: tha, he must first
be sworn TO tell the truth. and II he should de-
cline 10 take the oath the act of refusing to be
sworn was itself n criminal offence which would
subject him to fine and imprisonment; that If
he should be sworn he would bo required to
answer all questions properly put TO him touch
ing matters " inquiry, and that II he should re-
| iuse to answer any question, on the ground that
Il would criminate himself he could only claim
| his privilege under oath. 1t would then be Tor
| the Committee. and, perhaps. the House. to de-
iermine whetherthat question was proper one
| Tor him TO answer. and whether he could claim
| exemption on tho ground that Il would Grim
mate himself; He further held that no person
| however high, could refuse to appear before a
| committee Of Congress to testify to all proper
questions that might be put to him. When an
,nna ,mpar1per question was put Of one that might
the witness to take exceptions or claim his
| Mr.. Bundy Of New York. Republican men,
| Der of the Committee, moved that no vote be
| aken upon the question as TO whether Mr..
| Seward should at once be called upon 10 testify
| until tomorrow morning. and that the Commit
Tee ADJOURN until that time This motion was
At a special meeting afterward held the Com
| mittee decided that as the House had adjourned
| Tor the holidays, and no proceedings could be
| ntih NHifH Npulu require tue notion Ot the
| House. in case Seward should persist in not
| being sworn. they would postpone the question
| until the reassembng Of Congress
The point at issue is this: IL is claimed by the
| prosecution that these books which Seward is
| required 10 produce will convict Seward Of EN-
| hezzling large sums OF money from the
| Government The books in question contain
the original entry OF all moneys that were re-
| ceiyed at the Consulate IN Shanghai during
Stewards incumbency OF office. Consuls Gen
| eral Wells and Myers testified that il had been
| the practice OF tho Office To- enter all sums in
| IN fHI fR
| the Treasury Department were made up from
| them; that only such foes were accounted
| Tor 70 tho Treasury Department ms the Con-
sul-General saw NJ to transmit and
| all others were taken by him. They claim that
| these books Of original entry will show when
compared with the returns made to the Treas
| ury Department Just how much OF these fees
Mr, seward and y. u. Bradford appropriated
| 10 their own uses.
| Speeches Of counsel In the Committee dis
| played much feeling. and il Is believed that
| Seward greatly preludces his case by refusing
| 10 produce tho books; lie can have no other
| reason IN refusing than that II he did 50 il
| would crlmlnate himself.