MVB Senate remarks on court evidence, 4 January 1827
THURSDAY, JANUARY 4, 1827.
Mr. VAN BUREN said, that the object of the bill was, to provide a means whereby Commissioners could obtain evidence, freed from some difficulties which they now labored under. By the existing law, the privilege was only conditional, and merely permitted the Commissioner to take affidavits, and withheld the power of constraining the appearance of witnesses. By the general law, this power belonged to the higher courts, and to them only. This law, however, went to establish the authorities of Commissioners to compel the attendance of witnesses and the production of papers, and the measure was considered a salutary one. The Committee had offered amendments to limit the power of the Commissioner in enforcing the production of papers; and also to regulate the payment of the fees to witnesses.
The amendments were then concurred in, and the bill was ordered to be engrossed.