SPEECHES IN THE SENATE, MAY 18 AND 27, 1871.

May 18, 1871, Z. L. White and H. J. Ramsdell, newspaper

correspondents, having been taken into custody by order of

the Senate, for refusing to disclose, on the requisition of

a committee appointed to investigate the matter, the source

whence a copy of the Treaty of Washington had been obtained

which they had communicated for publication while under

consideration in Executive Session, and Mr. White, whose case

was first presented, on arraignment at the bar of the Senate

persisting in his refusal, a resolution was thereupon offered

for his commitment to the common jail until he should answer.

Mr. Sumner immediately moved an amendment substituting for the

common jail the custody of the Sergeant-at-Arms, remarking;--

In support of that amendment I will say that the only precedent we have

in our history known to me for this case is that of Nugent,[105] and he

was committed to the custody of the Sergeant-at-Arms. It appears from

the newspapers of the time that there was a perpetual menace, as the

excitement increased, that the custody should be changed to the common

jail; but it does not appear that it was so changed. He continued

for some two months in the custody of the Sergeant-at-Arms. We all

know, also, that after the Impeachment Trial a witness was taken into

custody; but it was simply the custody of the Sergeant-at-Arms of the

House.[106]

There is one other precedent to which I ought to allude, and it will be

for the Senate to say whether they will follow it. It is the resolution

of the Senate in the spring of 1860, on the motion of Mr. Mason,

chairman of the committee raised especially to persecute the supposed

associates of John Brown, and taking one of them into custody, bringing

him into this Chamber, propounding to him certain interrogatories which

he refused to answer. Mr. Mason finally brought forward a resolution

that he should be committed to the common jail.[107] That, Sir, is the

precedent which it is now proposed to follow. The Senate will consider

whether they will follow the lead of Mr. Mason, author of the Fugitive

Slave Bill, Chairman of the Harper’s Ferry Investigating Committee,

and afterward a Rebel, in committing a citizen to the common jail, or

whether they will follow the better precedent of the Senate at a better

day and under better auspices.

On this motion I ask for the yeas and nays.

The yeas and nays were ordered, with the result, for the

amendment, Yeas 31, Nays 27.

A second resolution, containing a provision for the continuance

of the Committee, with a view to holding the witness in

custody after the close of the session until he should answer

as required, which Mr. Sumner denounced as contrary to all

parliamentary precedent, prevailed against a motion to strike

out this part by Yeas 20, Nays 30.

Corresponding resolutions were subsequently adopted in the case

of Mr. Ramsdell, who had likewise persisted in refusing to

answer.

* * * * *

May 27th, on a resolution submitted by Mr. Wilson, of

Massachusetts, for the discharge of these persons from custody

“immediately upon the final adjournment of the session,” Mr.

Sumner spoke as follows:--

MR. PRESIDENT,--This question is important, primarily, as it concerns

the liberty of the citizen; but it is made important also by the

attempt, to which we have just listened, to establish for the Senate a

prerogative which on history and precedent does not belong to it.

Some days ago I took the ground, which I shall take to-day, that on

the close of the session of the Senate any imprisonment founded on its

order must cease. Of that conclusion, whether on history or law, I have

not the least doubt. I have listened to the argument of the Senator

from New York, [Mr. CONKLING,] and to his comment upon the authorities

adduced. The answer, to my mind, is obvious. It will be found simply in

stating one of those authorities and calling attention to its precise

language. The Senator from Ohio [Mr. SHERMAN] has already presented

to-day what I had the honor of quoting on the first day of this

discussion, the authoritative words of May in his work on Parliamentary

Law, and also the solemn judgment of Lord Denman, Chief-Justice of

England. May says, speaking of prisoners committed by order of the

House of Commons, that they

“are immediately released from their confinement on a

prorogation, whether they have paid the fees or not. If they

were held longer in custody, they would be discharged by the

courts, upon a writ of _Habeas Corpus_.”[108]

This statement, coming as it does from the well-known Clerk of the

House of Commons, as familiar with the usages of that body as any

living man, is of itself authority. But he adduces the weighty words

of Lord Denman in the most remarkable case of privilege that has ever

occurred in English history, being that of Stockdale and Hansard,

which, it is well known, was discussed day by day in Parliament, week

by week in Westminster Hall. I have before me the opinions of all the

judges on that case, but the words that are particularly pertinent now

are quoted by May as follows:--

“However flagrant the contempt, the House of Commons can only

commit till the close of the existing session,”--

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