PROTEST.

Personally, I object to no examination. Willingly would I submit to the

most searching scrutiny, not only in the present case, but in all my

public life. There is not an act, letter, or conversation at any time,

that I would save from investigation. I make this statement, because I

would not have the protest I deem it my duty to offer open to suspicion

that there is anything I desire to conceal or any examination I would

avoid.

But appearing before the Committee on an invitation which is in the

nature of a summons, to testify in the investigation originally moved

by me into the sale of arms to France, I am obliged to consider

my duty as a Senator. Personal inclinations, whatever they may be,

cannot be my guide. I must do what belongs to a Senator under the

circumstances of the case.

Before answering any questions, I am constrained to consider the

competency of the Committee which has summoned me. It is of less

importance what these questions may be, although there are certain

obvious limitations, to which I will allude at the outset.

* * * * *

The examination of a Senator by a Committee of the Senate on a matter

outside of the Senate, and not connected with his public duties, is

sustained by precedents,--as when Mr. Seward and Mr. Wilson were

examined with reference to the expedition of John Brown;[25] but any

examination with regard to his public conduct, and especially with

regard to a matter which he has felt it his duty to lay before the

Senate in the discharge of his public duties, is of very doubtful

propriety. In his public conduct a Senator acts on his responsibility,

under sanction of an oath, and the Constitution declares that “for any

speech or debate” he “shall not be questioned in any other place.” This

inhibition, while not preventing questions of a certain character,

must limit the inquiry; but the law steps forward with its own

requirements, according to which it is plain that a Senator cannot be

interrogated, first, with regard to his conference with other Senators

on public business, and, secondly, with regard to witnesses who have

confidentially communicated with him.

Referring to the most approved work on the Law of Evidence,--I mean

that of Professor Greenleaf,--we find under the head of “Evidence

excluded from Public Policy”[26] at least four different classes of

cases, which may enlighten us in determining the questions proper for

Senators.

1. Communications between a lawyer and client. And are not the

relations of Senators, in the discharge of their public duties, equally

sacred?

2. Judges and arbitrators enjoy a similar exemption with regard to

matters before them.

3. Grand jurors, embracing even the clerk and prosecuting officer,

cannot be examined on matters before them.

4. Transactions between the heads of Departments and their subordinate

officers are treated as confidential.

Plainly, the conferences of a Senator, in the discharge of his public

duties, cannot be less protected.

This rule is equally imperative with regard to witnesses who have

confidentially communicated with a Senator. Here again I quote

Professor Greenleaf, who quotes the eminent English judge of the close

of the last century, Lord Chief-Justice Eyre, as follows:--

“There is a rule which has universally obtained on account of its

importance to the public for the detection of crimes, that those

persons who are the channel by means of which that detection is

made should not be unnecessarily disclosed.”[27]

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