The times. [volume] (Richmond, Va.) 1890-1903, 1897-05-15
,,,ept,cED DISCUSSIONS

I
cussing the resolution that Chapman shall
apuear before the bar Of the Senate and
purge himself Of contempt Of that body
before tho President IS to consider his
application for pardon. tho Senate, is
dealing with subject that 1t has no
more TO do with than it has to do with
the next football game between Prince
ton and Harvard.
In the Gallet Kilbourne case the su-
preme Court OF the United states decided
TO punish witnesses for contempt That
is function which belongs to courts,
and the houses of Congress are not
courts. except for special purposes. a
defiance Of the authority Of either house
of Congress is, therefore. no more than
a defiance Of the authority Of any other
department Of the Government IT is a
violation Of the general law Of the land.
and is to be dealt with as any other
violation OF law u.s. that is by indictment,
and an open trial by jury in which the
accused IS TO be faced by his accusers
and 10 have the fullest opportunity for
cross-examining the Witnesses against
him. and for compelling the attendance
Of those in his behalf That is the course
OF procedure against any one who denes
the authority OF the Senate, and the
Senate has no more to do with the case
when the criminal law has taken hold Of
a recalcitrant witness. who treats it with
contempt, than the owner Of house has
.fr1rr HE
house in the night. 1t belongs to the pub
lie to deal with the burglar, and it be-
longs to the public TO deal with the wit
ness who has defed the senate's authori-
ty. Each senator. in his capacity Of a
good citizen Csupposing all are), is in
terested in having such a person punish
ed, but it is as a good citizen that he is
so interested, and not as senator
Senator Daniers proposed modification
Of the original resolution was, therefore.
no improvement upon it. He proposed
that the resolution should drop all
reference TO executive clemency for
Chapman. and simply require him 20 ap-
pear before the Senate and purge him
self of his contempt. But why summon
Chapman 10 appear and purge himself
II the Senate has no compulsory or punt
tive power? 1t may be said, indeed that
as he acted in that case. the President
might be Influenced in acting in his APP
plication for pardon. But that would
be an indirect way of coming at an end
that could not be marched up 70 direct.
1t would be an unworthy suggestion.
No. Chauman's offence must stand or
fan BY it's own merits. If the President
finds in his record facts which justify
him IN pardoning, he is to pardon. II
no such facts exist. he IS TO allow the
law 10 take fits course. Chapman's Of
fence was complete when he defed the
authority Of the Senate. and. having been
accused. fairly tried. and convicted, Moth
ing remains now but for the sentence Of
the law to be executed. unless the Ex-
ecutive finds in the facts Of the case
something that palliates the offence, and
makes mercy the duty that is to hold
sway.
No such fact exists. The law has been
deliberately and nagrantly dened. and
the law-breaker must pay is penalty that
al men may know that the law is stern
and unyleldlng TO any, and that all must
bow their heads before its commands.