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H. Q R.]

Case of R. M. Whitney.

[PEB. 18, 1837.

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ohject, and he hoped no friend of his there would ob- card? Sir, is it not plain, simple, manifest justice, to ject to the widest possible latitude that could be taken. allow the accused person, against whom that card is Indeed, he was willing that every speech of his, there or brought, to produce the publications which gave rise to elsewhere, should be used by the accused in his defence it, and to put in the declarations made use of against or in his behall, to any and every extent that might be him, which very declarations had demanded from him possible.

public disavowal, in the terms and language of that Mr. P. had remarked, when up before, that lie could card? Will it be said, sir, that this House proceeds to prove every word of the charges ma le by himself in allow evidence which is to show the accused is without those speeches. He would qualify it so far as to say, excuse, and yet not suffer him to produce evidence of that he believed they could all be substantially proved, the malicious, malignant, and violent circumstances and and that by witnesses who had been already before the persecutions which drew from him that card? Why, select committee, if the majority had permitted the sir, it does seem to me too plain a proposition to ques. questions to be propounded. From private conversa. tion, and I am only surprised that the learned and hontions with them, he had the strongest belief that many orable member who has objected to the introduction of of them could have testified to the facts of the treason thuse speeches should have forgotten that that card, or and of the perjury of Whitney. Sir, said Mr. P., when rather the introduction of that card, is the evidence I propounded ihe question which covered the general upon which we predicate, as regards one of the gentlecharacter of this man, some dear friend of his would ob- men, (Mr. Peyton, ) the right to use his speeches before ject to it, and it was voted down by the majority in ev. this House. ery instance. The man shrunk from an investigation of The honorable gentleman who makes the objection this kind before the House and the country, though he seems to admit that there may be some grounds for of. had himself challenged it through the columns of the sering the speeches of the gentleman from Virginis, official organ. Sir, I wished to introduce proof of his [Mr. Wise,] but denies that there are grounds justifying character; and if I did not establish that he is as infamous us in offering the speeches of the gentleman from Tenand as base a traitor and perjurer as I have ever charged nessee. If, however, the honorable member had rehim to be, why, then, I am willing he shall have all the membered the card, he would bave seen, by the way in benefit of my failure.

which it had been introduced, and the circumstances Mr. GHOLSON said he would call any gentleman to which grew out of it, that we have the right to bring order who made remarks out of order, and he insisted evidence justifying its publication. that this discussion was so.

As to the gentleman from Virginia, Mr. Speaker, can Mr. PICKENS said, as an individual, he would, with any thing in ihe world be plainer than that we have the great pleasure, yield to the request of the gentleman right to show the state of feeling, the state of hostility, subfrom Tennessee, but, as a Representative, he felt com. sisting in his breast towards the accused, before the pubpelled to decline; believing, as he did, the whole pro. lication of that card. The gentleman is chairman of the ceeding to be not only irregular but disgraceful. committee before whom this accused man is called to

Mr. WISE raised ihe point of order, and called for give testimony; nay, more, sir: it is at the gentleman's the decision of the Chair upon it, whether the resolu- own motion the accused is summoned; and shall we not lion regulating the mode of proceeding in the examina- produce his speeches, to show his state of feeling totion of witnesses, and raising objections to them, em. wards the individual whom he has thus called before braced documentary as well as oral testimony: If it did him? Sir

, shall we not show that he has denounced the not, and he could not himself tell, for he had not read accused as a perjured wretch! And is a " perjured it, then this motion to object was clearly out of order. wretch” to be called before a committee to give testi.

Mr. BRIGGS informed the gentleman that the order mony which might charge any body.else? Or, even in he had referred to applied to both.

it be to charge himself, is it to be pretended that any The CHAIR so ruled, and desired the Clerk to read gentleman can justify the calling the accused before 8 the order; which having been done,

committee, to have interrogatories propounded for the Mr. WISE said, I am satisfied, sir.

express purpose of criminating himself? Mr. Key would simply reply, to what he considered But, sir, I need not argue upon the propriety and jus. the very extraordinary objections urged against this res. tice of the course we have been bound to take in regard olution, that if his learned friend (Mr. Walter Jones) to the accused on this occasion. In the case of Houston, and himself were unlearned in matters of parliamentary he was allowed to offer, in excuse for his conduct in law, and as to what sort of evidence was the law of that having actually assaulted a member out of the House, House, they should hope to be excused. It was cer publication of that member. It was discussed and deci. tainly very excusable for them to be ignorant of that of ded that he had the right to offer the speeches of Mr; which all the world was ignorant except the honorable Stanberry in evidence; and, further, there was allowed members of the body itself. Mr. K. and his friend bad to the accuser on that occasion an opportunity of prov: had but little experience in parliament; but, as the argu- ing the truth of the assertions; and so I say here, sir, ment he could offer in support of this application was the lei the learned and honorable gentlemen, who have authority of the House itself, he should rely upon that au- made these charges against the prisoner, come forward thority, as well also as upon the reason and justice of the and make them good, if they can. If they have got est: application itself; and he trusted he should be able to dence by which they can sustain their allegations

, let it show that there was no sort of validiiy in ibe objections,

We, sir, will not shrink from it. We have the very warm objections, that had been raised against it

. courted inquiry, here and every where. The accused Why, sir, said Mr. K , bas there not been evidence in bas been charged with gross and great offences; but this case produced against the accused? His card, for what opportunity has he had to justify himself? None, instance, which is said to have justified the wrath on the sir. we hear it avowed by the gentleman from Tennes: part of certain honorable members of the House against see that he believes those charges 10 be true. I do not him? Has not that card been read before the House Joubt it, Mr. Speaker; I can only lament that such.com Has it not been read for the purpose of showing a vinmunications have been furnished to him as to have in dication of the insult he had met with? Has it not been Quced him to believe such accusations, without trial

; read for the purpose of justifying and excusing the con. without investigation, without the prisoner having had duct made use of towards him? And is this house go- an opportunity any where to exhibit proof of his inno ing to stop there? Is this House going to stop at that

How is he to get a trial? Can be come forward

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cence.

FEB. 18, 1837.)

Case of R. M. Whilney.

(H. OF R.

to disprove these accusations! The gentleman says he and if this business was not finished that night, he feared believes them; but upon what information? The hearsay 1 the appropriation bills would be lost. He really thought information of witnesses called before the select com. every member was tired with this case, and bad no de. mittee, with whom he has had conversations! The ques. sire to go further into it; nor did he think the House was tion was asked before that committee as to the character about to take its business out of its own hands, and se'nd of Mr. Whitney, though he was not present; and because it to the committees below stairs. gentlemen objected to the materiality or relevancy of Mr. PICKENS then withdrew his call for the yeas and the question to the object for which the committee was nays, and the proposition to introduce this testimony raised, hence the honorable member from Tennessee was lost, without a division. takes all this hearsay information ag establishing, or Mr. GHOLSON, from the committee appointed to going to establish, the truth of his accusations. Sir, I conduct the examination, then arose and announced that say here, that, acting upon the authority of Houston's the counsel for the accused had closed, so far, their oral case, we have an undoubted right to go behind that testimony, but desired, through him, 10 submit a propocard, and adduce what brought it out. The admitted sition to the House. They had furnished him with a list declarations of those gentlemen the House ought to re. or memorandum of certain portions of the journal of the ceive. If there was no proof in the hands of those gen. select committee of which the Hon. Mr. GARLAND, of tlemen to show that they believed the accused guilty, Virginia, was chairman, with a request that a clerk be let it appear; at least, let him have a trial, and a fair op- directed to transcribe them for the use of counsel and portunity of defence; and I here pledge myself he will the members. The reason of the request was this: the never shrink from it.

journal was then in the hands of the printer, and could Mr. PICKENS understood the learned counsel to not, without very great inconvenience, be spared from make a distinct proposition, viz: that the gentleman the printing office; because, if it was, it could not be from Tennessee should be allowed to prove his allega. printed in time for the report. He therefore moved that tions. With that understanding, Mr. P. would with- à clerk be appointed to make such extracis, for the purdraw his objection.

pose above mentioned. Mr. PEYTON. I am quite ready to go into it, sir. Mr. PEYTON rose to inquire of the honorable chair. Mr. CAMBRELENG, I will renew the objection if man of the committee, [Mr. Gholson,) and the learned it be withdrawn.

counsel of the accused, whether they would be unwil. Mr. Key. Mr. Speaker, we wish it to be distinctly ling that the same clerk should likewise furnish copies understood that we are ready now, or at any time, to go or extracts from the journal, showing all the questions into it. We shall not shrink from any investigation that propounded to, and the answers returned there'o by, can be made, bere or elsewhere.

witnesses upon the same points upon which questions In reference to the question before the House, he re- had been propounded in the House. The learned coun. peated that it was settled in the case of Houston, and sel would understand Mr. P's meaning. It was this. stood upon the broad and immutable principle of mani- Some few of the witnesses had responded to the inquiry, fest justice.

as to whether the accused was known to them, and that air. PICKENS. With the understanding before re. favorably or unfavorably, for capacity as well as integ. ferred to, 1 withdraw my objection.

rity. These Mr. P. would want. He also wished ex. Mr. CÁMBRELENG. I renew it, Mr. Speaker, and tracted, from the same journal, copies of all the ques. I will briefly state my reasons. Mr. C. was proceeding tions on this subject that were propounded, whether to do so, when

responded to or not, either before the committee or Mr. CLAIBORNE, of Mississippi, called the gentle elsewhere. He could not think the counsel would obman to order, on the ground that the House could not ject to it. entertain reasons a second time on the same question. Mr. GHOLSON explained the extent the committee

Mr. MERCER. If the decision of the Chair is that proposed the call should go, and the gentleman could the gentleman. from New York has no right to speak, see if it would satisfy him. then 1 appeal from that decision. ,

They proposed, then, to have extracts made of all the The SPEAKER. The Chair has not uttered one word. answers to the 29th interrogatory, which was in the fol.

Mr. McKAY. Has the gentleman from South Caroli- lowing words: na unconditionally withdrawn his objection?

“ At the time he [i.e. the accused) was so designated, Mr. PICKENS. I do withdraw it unconditionally. were you acquainted with bim personally; and was he

Mr. CAMBRELENG. I renew it, and will proceed favorably known to you, either for capacity or into give-

tegrity?" Mr. CLAIBORNE. I call the gentleman to order, Mr. G. supposed that would satisfy the gentleman Mr. Speaker, and insist upon the decision of the Chair from Tennessee. wbether, under the resolution prescribing the mode of Mr. PEYTON. If I understand the gentleman cor. proceeding, more than two speeches can be made to one rectly, I accede to his proposition; which is, tbat we bave question.

extracts made of all questions and of all answers upon The CHAIR remarked that there was no difficulty that subject, either before the committee or elsewhere. upon the question of order whatever. If one member Mr. GHOLSON. All that took place in and before made an objection, and was heard upon it, by withdraw the committee, that appears on the journal. ing the objection he certainly could not inhibit any other Mr. PEYTON. To be sure, as well the questions pro. member from making an objection; and if he could not pounded as the answers upon that subject. I want all inbibit another from objecting, neither could he prevent inat appears upon the journals upon that subject. him from stating the ground of his objections. The con. Mr. GHOLSON. That is my understanding of what verse of this would give the member objecting the pow- the counsel proposes; every thing connected with the er of speaking himself, and of precluding every other 29th interrogatory, member of the House from speaking, on any question. Mr. PEYTON. But that interrogatory does not get out

Mr. CAMBRELENG had but a word or two to say. one half, one tenth, one fiftieth, of what is on the jourThe gentleman from South Carolina (Mr. Picken's] nal. had, he said, expressed some of the strongest objections Mr. THOMAS. I will remind the gentleman from to this proposition, but Mr. C's principal objection was Tennessee that yesterday, on motion of counsel, ibe his. They had but a few days remaining of ihe session; I whole journal of the select committee was made part of

H. OF R.)

Case of R. M. Whilney.

(Feb. 18, 1837.

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the proceedings of this House; and the entire journal Mr. GLASCOCK. I shall object to the proposition
will, therefore, be in possession of the House beforc, made by the gentleman from Tennessee. These are
probably, this investigation will close. But, in any matters with which this House has nothing to do.
event, any member of the House, it being part of the Mr. PEYTON. I will state my object in a few words,
proceedings, can designate that part of the journal he with this further remark. What I want from the journal
may desire to use in any discussion that may arise, and is the evidence I have already stated, and the entry of
be furnished with it without any special order.

The additional fact which I offered to prove by a witness, Mr. PEYTON. If so, then why do counsel call for any and which evidence was suppressed by the friends of the particular part of it?

accused, viz: that he is a bankrupt to a large amount, Mr. GHOLSON. I will again explain to the gentle and that he has been guilty of every dishonest practice man. The chairman of the select committee (Mr. GAR- to defraud his creditors, living at this time within the Laxn] informs me that it is impossible to get that jour. bounds in this city, in a style of princely splendor and nal entire, from the fact that it will not be out of the extravagance, and that he has actually told his credithands of the printer before next Thursday, and surely ors that if they would not come to his terms he would we will get clear of Mr. Whitney before that time.

Mr. BELL. It seems to me proper to bring the entire Mr. VANDERPOEL. Mr. Speaker, I am compelled journal.

to call the gentleman to order. Here are charges of Mr. WISE. That journal, or any portion of ibat jour. the most grave character, brought against a man now nal, brought here to prove the general character of the at your bar, who has not, cannot have, the opportunity accused for truth and veracity, or for common integrity, of reply. I put it to the gentleman himself whether it will be insufficient. I wish to know if gentlemen will is fair. prove, by witnesses who were introduced before that

Mr. Key. Mr. Speaker, the counsel for the accused committee, the specific facts touching the integrity of wish to submit a proposition to the House, which I hold this man. I will name one instance. There was intro- in my hand. duced before that committee a gentleman of this city, The CHAIR said he entertained at the commencement of the highest respectability, to testify to the fact that of this matter this man, who is now called “the accused," was a fraud. Mr. PEYTON. I want the whole of the testimony! ulent and dishonest man as a debtor.

The CHAIR. Order! The Chair said he had supe Mr. BRIGGS. I call the gentleman to order, Mr. posed that, by general consent, some agreement would Speaker. I do conceive ibis is not the time for making have been come to between the committee on the part charges.

of the House, the counsel for the accused, and the mem. Mr. WISE. I am making a question of the introduc-bers generally, Entertaining this view, the Chair had tion of testimony, not a charge; and I think the gentle suffered the debate thus far

to progress, but the whole man will understand me when he hears me through. of it was irregular on both sides. If the counsel for the Well, questions were propounded to that witness, and accused had not finished their testimony, but had any also the particular question as to the specific fact, but further testimony to offer, they would proceed to do so: the committee objected; and whether he could have or if they had any request to make, they would submit proved it or not, was to be tested. It can be done now their motion in writing, and then it would be regular as well as then. If these extracts are taken to bring in ly ascertained whether any member of the House ubthat witness befure this blouse, and simply testify bere jected to it. what that committee would not inquire into--if ihat be Mr. McKAY. I object, sir. the object, wby, then, I hope, sir, the fullest latitude will Mr. GLASCOCK. I have objected. be given.

Mr. THOMAS. I hope gentlemen will not object till Mr. PEYTON. I think, sir, I have not been suffi. they hear it! ciently understood. They wish the positive evidence; I The CHAIR stated ibat the examination was in the wish the negative evidence. I will illustrate my idea, hands of the accused and his counsel, and the Chair had so that, if possible, I cannot be misunderstood. One of only entertained suggestions under the idea that some the witnesses who testified favorably of the accused, and agreement would have been arrived at. Finding, how. whose answer they have required to be produced by the ever, that difficulties had arisen, he must now intimate clerk, stated that ihe accused was known to him individ. to the counsel that they would proceed regularly till ually favorably, both for integrity and capacity. But to they had closed their testimony. Any request they this question, and which appears on the journal, “ Were wished to make, out of this course, must be reduced to you acquainted with the general character of the ac. writing. cused when he resided in the city of Philadelphia, and, Mr. MERCER. I wish to submit a question of order if so, what was his character for honesty and veracity? I to the Speaker. A question similar to that which I am Would you believe him upon his oath, in a court of jus. about to propound was suggested to the Chair a short tice, from bis general character?” That question, Mr. time ago, the answer to which was not satisfactory to Speaker, was not only not answered, but was voted down If the Chair will examine the language of the or. by the committee, a majority of whom supposed it was der of the House, in reference to the mode of proceednot proper to be put.

ing in this case, and under which we are now acting, le Another question was this: "Was it not universally will perceive that authority given to the respondent, by understood in Philadelphia that, during the late war, be that order, is to "examine witvesses.” The word "tes. (Whitney) was a British commissary, and engaged in timony" is subsequently introduced into the order. ! smuggling gold and driving cattle from the United considers therefore, sir, the whole of the last part of States, to pay and feed the British soldiers?” That ques- our proceedings entirely irregular, inasmuch as it is a de. tion, sir, stands on the journal, and they skulked from parture from that order. We have not been examining tbal, also.

witnesses for some time; and if there be no other witness Another question was, "Did he not maintain there to examine, I have a resolution in my hand which I wish the character of a common blackleg, as the keeper of a to submit. faro bank in that city?

Mr. GLASCOCK. Mr. Speaker, I make this point of Another was, " is not the accused a notorious bank. order: that, according to the rule the House has adoptrupt at this time?"

ed, and under which the proceedings in this case are Mr. GHOLSON. Mr. Speaker, I call the gentleman I conducted, no proposition whatever can be recognised, to order. What is his object, sir?

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FEB. 18, 1837.)

Case of R. M. Whitney.

[H. OF R.

other than that growing out of questions to be propound- Mr. W. hoped the learned counsel would withdraw ed to witnesses, and such proceedings as may grow out his objections to this interrogatory, as he believed quesof them.

tions of a similar character had been propounded to wita Mr. THOMAS asked leave to read his proposition, nesses without objection. This question did not go to with a view, he said, that the House might judge of its prove the guilt of the accused, but it went to prove the propriety.

innocence of Mr. W. himself. There being no objection, the proposition was accord. The question was then put, and it was decided, withingly read, in substance, as follows: Ordering that the out a division, that the interrogatory should be propound. Clerk of the House cause extracts to be made from the ded to the witness. journal of the select committee of certain portions there. Mr. Moore then returned the following answer: of thereio indicated.

Answer. I have a distinct recollection that the words The CHAIR said there was a witness (Mr. Moore) referred to in this question were uttered by Mr. Wise, then on the stand, who had bad time to prepare bis an- certainly in substance. The meaning which I attached swer, and the Chair was informed that he had been ready to them at that time was, that Mr. Wise would only for some time to give it in.

have interposed by violence to protect the life of his The answer of Mr. Moore, for which time had been friend, Mr. Peyton, in case he, Mr. Wise, had seen a given him, was then handed in, as follows:

movement, or the indication of a movement, towards Answer. I have read the remarks of Mr. Peyton and violence on the part of the accused. In that event bir. Wise, as printed in the Globe, and it is my opinion alone, did I understand that Mr. Wise would have inthat, in their general tenor, the remarks of both these terfered otherwise than by conciliatory means. gentlemen, as there given, correspond essentially with Question by Mr. WISE. Was the proof sheet of the my recollection of them as delivered on the floor of the report in the Globe, within your knowledge or informaHouse,

tion, subinitted to Mr. Wise for correction? Cross-examination of Mr. Moore.

Answer. The proof sheet was not submitted to Mr. Question by Mr. WISE. Do you not distinctly recol. Wise, either for revision or correction. lect that Mr. Wise did utter the remarks commencing The witness was then discharged from the stand. with the words “Let me not be misunderstood,” &c. ? The question then recurred on the proposition just And what did you understand him in substance to say, read and submitted to the House by Mr. THOMAS; and to mean, in explaining his act and intention in inter- and it being again read from the Clerk's table, obposing between Mr. Peyton and Mr. Whitney?

jection was made to it; when Mr. Jones, counsel for the accused, objected to this Mr. GHOLSON moved a suspension of the rule; and interrrogatory, and he did so because the interrogatory the question being taken by tellers, the vote was: Ayeg called upon the witness to give his understanding of the 67, noes 52-no quorum. words used by the honorable gentleman, whereas, as a Mr. GHOLSON moved a call of the House: lost, with. reporter, he should only give his language, and let every out a division; as was also the motion to suspend the one draw their own inference from it.

rule, (it having been ascertained, before putting the Wr. WISE believed, if the learned counsel bad look question, that a quorum was within the hall.) ed more particularly into the interrogatory, he would Mr. Key. Mr. Speaker, I wish to say a very few have found that it did not call upon the witness for his words in explanation. construction of the language used on the occasion, but Mr. ALFORD. I object to those few words, sir. only asked him for his recollection of the words. In the Mr. BRIGGS. I rise, Mr. Speaker, to a question of first place, it asks him whether he recollects distinctly order. the words; and in the second place it asks him for his Mr. MERCER. I call the gentleman to order. understan Jing, that is, his memory and recollection of the Mr. BRIGGS. Sir, I rise myself to a question of or. words which he (Mr. W.) had uttered, and the meaning der. I understand that the counsel for the accused which those words imported to him at the time.

have progressed in their case until they bave come so He would be glad if the learned counsel would in- far, where there is certain written testimony upon the struct bim how to ask the witness this question, as he journals of the committee, which they cannot reach was inexperienced. What he desired to ask was, how without an order of the House; and the counsel move the witness had understood him on that occasion. He the Speaker that the House will accordingly order that wished to ask him for the words, and the meaning of testimony, which is on the journals, to be produced bethose words, as he comprehended them, and what sensa- fore it. Now, if I am right in stating the request, I ask tions they had created in his breast at the time. His if the Speaker decides that this is in order, or not in orobject was not to accuse the accused, but to defend him. der. self. He knew, from the course pursued by the learn- The CHAIR. In that form, the Chair will be comed counsel in this examination, that an effort was making pelled to say it is in order; but, nevertheless, it would to convict him of having made use of the expressions still be in the power of a majority of the House to reand entertained the feelings of an assassin. That it fuse it. might be made to appear to the world he had made dec. Mr. BRIGGS. Certainly, sir. I now ask the counsel larations of his sentiments and feelings, on that floor, if that be not the state of the question. which held out the idea that he was a character wholly Mr. Key, (one of the counsel.) Certainly, sir. unsafe for this gentleman to appear before as chairman The CHAIR. This proceeding is assimilated to a of the committee. Mr. W. should not vote to make this wito proceeding in a court of justice. The accused is at the ness appear before the committee, nor would he vote at bar, and entitled to counsel by order of the House. He all in this case; but, as far as he could, he meant to demon- has had the special privilege given to him to examine strate, before the investigation was got through with his witnesses at a particular time; he is entitled to counthat this was not an individual matter; and if the House sel to conduct bis defence, and, of course, he has the earried on this investigation as it should, and called upon right to submit a request to the court or to the House. the accused to purge himself of this contempt, be did Mr. GLASCOCK. Now, Mr. Speaker, I ask how far not expect the accused himself would say, before God this House, without the consent of that committee, (viz: and the country, that he was afraid to appear before the select committee of which Mr. GARLAND, of Virginia, the investigating committee of which he (Mr. W.) was was chairman, ) have the right to control one particle of chairman, on account of any thing be had said on that the testimony taken before that committee, until they floor.

H. OF R.)

Case of R. M. Whitney.

(Feb. 18, 1837.

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report to this House. Sir, I deny that any of the pro. aware the time of the House was very precious, state
ceedings in that committee can be considered as testi- bis reasons for doing so.
mony before this House, in their present inchoate state, He had already intimated to the House that he did not
or that they can be reached by any process of the consider it within the power of that House, or even if it
House, or in any other way, except through the com. were within its power, they ought not, to arrest the
mitlee itself.

I proceedings of that select committee of investigation, The CHAIR. That was the point to which the Chair or make use of any evidence contained therein, until endeavored to arrive before this difficulty arose, viz: to that committee had made their report, and that report bave a distinct proposition, in writing, before the House. had been finally adopted by the House. He had been

Mr. MERCER. Mr. Speaker, if I had no other rights given to understand that the report of that committee, by staying here than my own, I would withdraw my res. as it was intended to be reported to the House, had not olution, and withdraw myself too, for I should have no been finally agreed upon; and he held that it would be business here any longer; bot I am here as the represent. improper for ibe House to take any action upon the evi. ative of my constituents, and I ask that my resolution dence elicited before that committee till the report was be read.

brought in and agreed upon by the House. They had This was 'acceded to, and the resolution was read constituted a committee for the purpose of examining from the Clerk's table, as follows:

into certain matters, as connected with the different deBe it resolved, Tnat all further testimony in the case partments of this Government, or a particular departof Reuben .M. Whitney be suspended, and that the com. ment of it; and, as was usual on such occasions, that mittee of five members be instructed to prepare suitable committee bad doubtless adopted for themselves rules interrogatories to be submitted to said 'whitney, in or and regulations by which they were to be governed. der to enable him to purge himself of the contempt im. Now, among them, it was well known that the members puted to him.

of the committee were not even permitted to state what The CHAIR stated to the gentleman from Virginia testimony had been given in before it; and that was one that his resolution would be in order, but that there reason why he thought it would be premature for the was a pending motion before the House, at the instance House to adopt this resolution or order, until the com. of counsel, (viz: the one intimated by Mr. Key;] and mittee itself bad brought in their report, when the whilst that motion was pending, another could not be whole would be in the possession of the House, and received until it was disposed ot. If the House nega. such extracts could be taken as each member might retive or affirm that proposition, then the gentleman might quire. submit his.

But, independent of this, let him ask if gentlemen did Mr. MERCER. That motion is withdrawn, sir. not foresee what this investigation must inevitably lead

The CHAIR inquired if the counsel had withdrawn 10, and what an unnecessary consumption of time would their proposition?

be the consequence, if this resolution be adopted. He Mr. Key. Not at all, sir.

bad understood that all were disposed to bring this matThe CHAIR so unders'ood. He then inquired if the ter to a speedy close; yet there would seem a disposition, counsel had suspended their proposition, to enable the on the part of some, to lengthen out this investigation, gentleman from Maryland (Mr. TuoMA) to present bis. for the purpose of bringing out all that had transpired

Mr. Key. The resolution presented by the gentle before the select committee. Why, by the adoption of man from Maryland is our proposition, sir.

this resolution, he contended, they would be reassuMr. MERCER. That cannot be, sir. One proposition ming to themselves, and taking out of the hands of that cannot be two.

committee, the power they bad specially conferred up The CHAIR explained that he certainly would not on it. If the proposed extracie were to be made from have entertained the motion to suspend the rule to in- their report, (if it could be called a report, though no troduce the proposition of the gentleman from Mary report had yet been made;) if they could go into the of. land, if he had understood it to be the same motion — fice of the Globe," and take away those incipient and counsel intended to submit. He understood it to be a imperfect proceedings, he would ask whether it would different one; and hence the Chair ruled it necessary to not necessarily be attaching to the proceeding before suspend the rule, in order to get it in. The counsel | the House matters wholly irrelevant to the issue, so far now makes his motion in writing. As counsel, he has as that issue involved the question of contempt. And the right to move the court. The Chair receives the that was the only question before the House.' For bis motion; and it is for the House to determine whether own part, Mr. G. was not prepared to attach to the pro they will grant the request or not. Pending that ceedings in this case testimony wholly unconnected and irmotion, however, none other can be received.

relevant to the present issue.

What was the issue before Mr. CALHOON, of Kentucky. I desire to ask the that House and the country? The simple issue, he re: chairman of the committee (viz: of examination, ] through ted, was, had or had not a contempt been committed thie Speaker, whether the questions put by the com.

by Mr. Whitney? Now, he would ask the House if every mittee, or which purported to be put by the committee, question immediately connected with that issue, so far have been agreed to by the members of that committee as related to the gentleman from Virginia, had not been or not; or whether they have been put by a member extracted, had not been already drawn out, from the of the committee upon his own responsibility, but as witnesses already examined. Had not everything which coming from the committee.

could bear upon the alleged contempt been fully attend. Mr. GHOLSON (chairman of the committee) replied ed to and investigated in their proceedings? What had by stating that three of the members of the committee the conduct of Mr. Whitney, except in relation to the agreed to submit the questions, not only as coming from particular question which gave rise to the difficully, as the committee, but with the concurrence of the coun. connected with the investigation before the committee, to gel of the accused. This was done to get round a diffi. do with the present investigation? What possible bear. culty that appeared to prevail at the time.

ing could such extracts as were now sought to be proThe CHAIR directed the Clerk to read the proposi- duced bave upon the present issue, being, as they were, rion; which was done. The substance is given above, wholly unconnected with it? Where the necessity of when it was moved by Mr. Tuomas.

making these extracts, for the purpose of accompanying Mr. GLASCOCK said he should object to the adop. the other proceedings before the House? In his opintion of that resolution, and would briefly, as he was ion, be must say, it would be a reflection upon the

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