Year: 1868

We did not Mt first credit the report from
Washington that committee of the House
Of Representatives, searching for testimony
to enforce vague charges of bribery against
some senators upon the impeachment trial,
had demanded Of the managers of tele-
graph company all the dispatches sent or
received by them in Washington on GER
tain day. But the report is uncontradict-
ed, !, and it appears to be true.


If there has been bribery and corrup-.
ton, we desire to see it exposed; if it can
be proved that the President has bribed or
attempted to bribe. any senator to give q
verdict contrary to his judgment in the i'm,
peachment case, then he ought to be re.
moved and disgraced. If any member of
the High Court took a bribe, he ought to be
exposed and punished. ,..-sr


But when a committee of Congress de-.
mands all the telegraphic dispatches sent
on certain day it goes very far beyond
its due province, and commits monstrous
offence not only against the Constitution,
but against one of the most sacred rights
Of the people. What is the telegraph? 1t
is only a speedier post-office. VIII any one
pretend that the committee of the House
had n right to lay an embargo upon all the
letters which arrived in Washington by
mail on certain day, and undertake to
open them and examine their contents?


The fourth amendment to the Constitu-
tion declares that " the right of the people
to be secure in their persons, houses, pa
pers, and effects against unreasonable
searches and seizures shall not be violated
and no warrants shall issue but upon pro-
bable cause, supported by oath or affirma-
tion, and particularly describing the place
to be searched, and the persons or things
to be seized.' But this demand of the COM
mittee is not on oath it DEGREES an unrea-
sonable search, and specifies no particular
offence or crime, and no particular thing to
be seized" 1t is as clearly unconstitutional
as any act can be. 1t is as clear viola
tion as one of the most sacred rights of the
people as can be conceived.


When it is shown to o competent judicial
tribunal that certain paper contains evi-
dence of Importance to public justice there
is no doubt of the authority of the court to
demand that it shall be produced. But the
document or correspondence must be GER
tainly described-described, that is, 30 that
the party in possession of it may know ex-
actly what he is required to exhibit. There
is no court in Christendom which can re-
quire any man, much less corporation in
charge of thousands of private communion
tions, to produce out of these, at random,
those which were sent on a given day, or
hour, or which passed between persons or
places named. Were even an act Of Con-
gress to demand this, it would be as devoid
of force rs an act to abolish the Office of
President.


If any telegraph company has so far
abused the confidence of the public as to
disclose to members of Congress the private
correspondence of citizens, that company is
liable in damages to every person injured
by its breach Of trust. We know of nothing
in the recent conduct of our public men
that calls more loudly for investigation than
this reported attempt of committee of
Congress to violate, not gentlemanly pro-
priety alone, but constitutional right.
Ought it to pass without rebuke from Con-
gress?