The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-06


American citizen attacked and invaded, Gnd in his
opinion did not require gr at legal souaen to iavesi
gate it, IL was the exercise Of arbitrary power
one han and tbs Constitution and laws upoa
and In such a question any mind gifted with ordinary
intelligence could solve the jecs What is the re-
to the nasnable right Of habeas corpus made by
The cnicer OF the Senate Why is this that BY the
rules and ordsrs' Of the Ssnate portion of their
proceedings 10 10 bs kept escret and he not dvuge
why he holds tho party, because If BIO does So he
i,tes his oath Of Office. Mr. Carlisle said he heard
ofany case OF late occurrence wherever q party was
cssdiags conducted in secresy The constitution
81 the U. guaranteed to every man speedy and q
public trial In every criminal offence. This not ls
gslly speaking, crnins offence; yet the spirit of the
const tuton manifest that In ell affecting
the liberty Of cussn tbs proceedings should be public
NJ Csriisls continued his remarks, arguing mostly
upon the Injustice, cruelty aud Inconsistency OF any
tribunal existing In free country under Tree
tuition, and enlightened laws whereat parties could b,
tried aud condemned in secret, without counsel lie
urged that the reoelvery Of the prisoner the
IL the Senate wac but the recognition of such powers
la that body as wer. never surpassed by claimed
by The star chsmber, or the uquistion and which had
rendered those two institutions bye word for cruelty
many and He discanted seine length upon
ms Jealousy with which America their consi
their laws looked upon any power that could even by
inc greatest abuse be rendered oppressive to the liberty
Of the Citizen aud repeated that such power
contemplated ny the Trainers Of constitution be
longing TO the Senate The remarks OF MIR c. were
cibe, ana frequently eloquent.
Mir. Core said that in one observation made by his
friends on the other ride he most fully aud cordially
ootourrrd and that was, that this is one of the
most important and interesting that ever oocu-
pied the attention OF a court Of justice Ii not
only invovss tue right of the particular IN no at
his bar but II involved the rights Of every CT szeu II
Involved of the most delicate questions a. to the
slminsrstion Of til, bringing the u dicia
~ in conflict with the legislative partmeo IL a. II
give this court right TO discharge the person. max
log iicsry para mount 20 all other branches
government TO do So he considered was neither con
tttutionsl expsdient nor juet He had always consi-
dersd the sheet anchor Of liberty tho rights Of
the psopls and the safety Of those rights all depend on
the enre Independence Of each brsncn of the
uient from the others And while he would protect the
Judiciary from the other branchss he would aso desire
protect those other branches from the Judiciary II
is not the fact that the Judiciary have any power para
mount to the other branches of the government There
may be wherein the acte Of the executive and
gsatve departments may be brought before the judic
sry aud upon which will have to pass but stl there
Is ia which that judiciary become paramount
to any other branch Of the government may be- and
h, ordinate with, but pranount to The Others
The Judiciary have the or direct
the other Of the government What the facts
Of this easel The petitioner prsys in the place for
habeas corpus He says in his petition that he 10 In the
custody OF Root Beale description th an sim
pie Robert Beae The writ IL granted and the
Is made to day Yesterday, the was ons between
one citizen named John Nusent and one other named
Robert Bale; but to-day after this return made
appears to be between kobsr Beale Sergeant at
Arms Of the Senate Of tho United States who Dods the
other party John Nugent, by virtue OF his oice and
the warrant Of the Prssdsnt Of the Senate atsssd BY