The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-06-08
CONGRESS.
THE SENATE DISCUSSES ITS PRERg
GATEVEs IN CONNECTION WITH
THE INVESTIGATION.
Kelley and Wood Have a spat In the
demonstrations to the Deficiency
Appropriation nm.

demonstrations To the Deficiency
Appropriation am.
SENATE,
WASHINGTON, June THE Chair hid be-
fore the Senate a communication from NeOrge
G. 6Urham. Secretary Of the Senate, stating
that he had been served with n subpoena dmce8
tecHm directing him to appear before the Pot
ter committee with all the votes, returns and
papers In his custody, and he had appeared
before the committee with the papers, and
that he now communicated the fact to the
Senate for It's Judgment,
Mr. EdmundS offered an Or6rr That the
Secretary attend to the SUBPOENA before
the committee from time to time" according
to the convenience Of the committee.
Mr. HOar desired to express his opposition
to the resolution II would place the Senate
In peculiar position If its papers We're to be
placed subject to n subpoena duCcs tocum Of n
committee of the House The subpoena WAS
practically an assertion of superior authority,
being not a request, but mandatory order.
He called attention to this, rs u precedent
might be established.
Mr.. Edmunds agreed with the views OK
pressed, but had offered this resolution be
cause things had reached the position they
had. The constitution did not mako the Sec
rotary the custodian Of the papers, and there
was no specific law relating thereto
Mr.. HOnr asked II the subpoena was directed
to the Secretary in his official capacity.
Mr.. Edmunds did not know.
Mr., Blaine then said that would make it
very Objectionable.
Mr.. Bayard snid the error Of the Senator
from Massachusetts was that the papers were
records Of the Senate. The papers belong to
the House Of Representatives quite AS much
as to the Senate. The presiding officer Of the
Senate caused the papers to be read and then
his custody of them ceased.
Mr.. HOar said that was not the point. The
Senate had committed them to the charge Of
It's Secretary. 1t made no matter what the
papers were; th"y might be the decd Of some
private estate. They were h"re and the
House had no authority to tako them from the
clerk
Mr. Bayard admitted that the independ-
enCe of either branch Of Congress WAS indie
spensabp, but mhiutancd that this was not
q case where the gu 'StiOn arose. The right
to the papers is vested in the United States
neither place nor custodian for them was
designated, and there WAS no necessity for
the Senate to assert its independent right to
them.
Mr. Conk ing thought from the reading of
the paper that the House h I'd transC"nded its
rights, and tronched upon the privileges of
the Senate The letter did not say the sub
pu5na WAS addressed to the Secretary Of the
Senate, and tn vt it might be the occasion Of
remark; it did not appear that the commit
tee sought possession OF papers in the GUS
tOdy of the Senate. It was M Atrmpt to
visit the archives IT the Senate and to do
what neither the House nor a committee of
the House had a right to do. He held, how
ever, that the papers were in no sense the
records Of tn" Senate.
Mr.. HamIin conceded with Mr.. Hoar, and
held that Il request for the papers should have
come from the House to the Senate. OF course
nobody could have O'jcC'ed to their having
the papers. II the SUBPOENA was addressed t.
the Secretary in his official capacity, it was
an assumption OF authority over an officer Of
the Senate; and il in his personal character
he had in that capacity no right to carry
away the papers Of the Senate.
Mr.. Blaine said the committee had assumed
NyNy H.
Senate could do. No Senator or committee
could direct the Secretary to take papers
from the file and bring them before it without
the consent Of the Senate
Mr.. Bayard-DOes the Senator consider
these papers as files of the Senate?
Mr.. Blane-Of course | do; every return
from George Washington to the present time
had been In the custody Of the Senate. Any
Secretary who would allow them to be lost or
destroyed would be held to q strict account
OF course there would be no objection to the
papers going through the proper channel. He
had originally supposed, and it was q most
eStra9Tdlmary paper, it was addressed to
John g. Thompson, SeTgeant-at-armS of the
House, directing him to summon G. CFior-
ham, Secretary Of the Senate to appear be-
fore the committee Of which CIarksOn n. Pot
ter Is chairman, and bring any and all returns,
books and papers which were before q com
mittee of the Senate of which Mr.. Howe was
chairman, or which are in your custody or
under your control" No committee Of the
Senate has the power to do what this subpoena
calls for.
Mr. Thurman asked If the House must first
ask the Senate to direct the Secretary. He
thought the House should first call upOn the
Secretary, and If he refused to call upon the
Senate to instruct him to produce the papers.
Mr. Blaine said 1t was m implied aSSumD-
ton Of authority. The Secretary was ordered
before the Potter committees and directed not
to depart without its permission.
Mr.. White sud it was hardly worth while
TO waste further time over what was q mere
question of etiquette, for that was all there
was in it, and that could Dn titled by the
adoption OF Mr.. E,luunds resolution.
After further discussion, Mr.. Edmunds
modified his order to reserve all questions
touching the right OF The House to summon
the Secretary, Requesting that officer to ap-
pear before the committee he submitting
from time to time, according to the COnve-
nience OF the committee. rcs@rving, however,
the custody Of tn" papers; and the order was
made without dissent from any one
At the close of the morning hour the army
appropriation bill came up as unfinished
business.
Mr. Blaine said the Committee on Ammo
priatlOns had held n meeting and reached the
conclusion that it would bn unwise to have
the subjects Of army and Indian service CON
sidered by the sam" commission.
At this point our report closed.
THE HOUSE.
In the House this morning Mr. Kelley rose
70 personal explanation. ana denied certain
allegations and ChHrge- contained in q speech
OF Mr.. Wood on the tariff, printed in this
mornings Record, but which was never de-
ligered in the House.
Ar. Wood, IL reply, said that he was obliged
to print. his speech because the House wit h |
the, aid Of the gentleman from Pennsylvania,
had cut off debate
The discussion was somewhat personal but
Of no public interest.
The House hen weEt into committee Of the |
whole on the deficiency appropriation bill.
Eighteen pages of tie bill were passed over |
without material ampndmcn's until the !
items relating to the navy deficiency were
reached
Mr.. BIonnt made n point Of order against
the payment Of the it, nus for contracts under !
tho head of steam engineering, which gave
rise to some discussion.
The Chair uverrued he point
Mr.. Willis, of New York, then offered an
amendment. inserting additional claims ag-
gregating S9,472,a9O 69
NJ l.,