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

session, is a gross. violent and disgraceful in
fraction Of this most valuable article and provi-
sion. Mr.. Nugent was called upon as witness
to testify on an investigation as to the mystery
Of the publication Of the treaty with Mexico, in
the Herald. This proceeding was in the nature
OF criminal prosecution; and at the very first
step, the Senate violated the first principles OF
criminal law, as well as the fifth article Of the
amendments to the constitution, by forcing Mr..
Nugentlnto the position of being witness az ains
himself, or of imprisonment of person. Under
the law aud the constitution, he was not bound,
In soch position, to reply 10 single question
put to him by the Senate; yet waving the right,
he courteously answered number Of questions,
all of which excupated the Senate, the Cabinet,
and other persons, involved IN the suspicious OF
the moment. Not content with that, it seems
| that the Senate put further questions; but Mr..
Nugent refused to give further replies. For this
refusal, the Senate deprives him of his liberty,
and, we may add, of his property, by depriving
| him of his employment; and this is done by the
mere volition of the Senate, without any due pro-
cess oflaw, the constitution prescribes and pro.
vides. The only ground or authority they put for
ward in defence of such a course, is tn 1t growing
out of some undefined and undesirable privileges
hedged around the Senate, in secret session, in
some way not known 10 the world at large. This
is equally unconstitutional not only is the con.
duct of the Senate illegal and unconstitutional,
and violation of personal rights and liberty but
the very system which they have adopted, of de.
batting in secret session, Is opposed to the spirit
of the consttution-opposedt to the spirit of the
American revolution, and is one of those rem
ipiu rs he for al nd
chical system which prevailed in the middle
ages, and which aided and assisted to bring about
the recent revolution in Paris and the downfall of
Louis Philippe from throne which he did not
deserve. In a republic there should be no Sc
crecy, either in the government or in the courts
of law. The Presidents Office, the public de-
partments, all the archives of the government
and OF Congress, should be as open to the public
as the courts of law now are. The first effort of
reedom, in the middle ages, was directed to the
breaking up of secrecy in the courts of law-to
open the doors of justice. Secrecy has been re-
tanned in the diplomatic departments of the
various European governments, contrary to the
Split of the age; and the sam, system prevails
in certain portion of our government at Wash
ington, arising from the weakness and supine-
ness of the people.
In every point of view, therefore, the incar-
ceration of Mr.. Nugent, for refusing to reply to
impairment questions respecting our business,
put to him by the Senate of the United States, IL
gross and palpabe violation OF the constitution,
and an equally gross violation of the principles
of the revolution, and ought to be denounced as
such by every freeman, and every independent
journal in the country.
The ouect ion then ho1 a N roher IF n, on
Of sense and intelligence, such as compose ,hr
Senate, could so far forget their position, their
duty, and their common sense, as to institute
such an absurd, ridiculous and illegal proceed
ing We can account for it in no other way
Than the belief that it is mixed up with some OF
the contemplate and dirty intrigues among the
Presidential asplrants at Washington, and in
tended to bear on the Baltimore convention
which is to meet next month for the nomina
ton of democratic candidate for the Presi
dency. 1t had been supposed that Mr.. Buchanan,
Secretary of State, gave the treaty to the cores
pondent of the Herald. This, to be sure, was
gross error; but it was the general suspicion
For weeks after the publication of that treaty,
nothing was said the supposed violation, in
the executive councils or in Congress. Unfor.
tunately, however, a convention in Pennsylvania
nominated Mr.. Buchanan as a candidate for the
Presidency, and held him upas strong and pow
erful man before the Baltimore con vention. AL.
most starting from that moment, it appears that
this investigation was set on foot, beginningip
the White House land communicating itself the
private chamber of the Senate. Mr.. flanagan, II
seems, was instigated by the President to COM
mence this investigation, and in this he was sup
ported by Mr.. Turney, of Tennessee, and several
other democratic Senators of the extreme gauche
Wesupposed, at first that Mr. Cass, Senator from
Michigan, was one of the principal leaders in
this business but further information hes
satisfied us that he is innocent of committing
this absurdity, which was set on foot BY Mr..
Polk himself, and carried through by his agents
-Messrs. Hannegan and Turney. The whole af-
fair is connected with an effort on the part of Mr.
Polk to intrigue for denomination at the Balti.
more convention; and the investigation, at the
start, was expected to enable him to dispose at
least of one of his competitors in this way
Mr. Buchanan.
A full development of the inv ,stgation, with
its antecedents, will he gwen in a few days. In
the meantime, we leave the United States So
nate to make another attempt, in some shape. SO
as to beat the monkey who tried to bite off his
own tai, for the entertainment OF Driesbach and
has meaagerie.
MEXICAN AFFAIRs-THE QUARRELs OF OUR
GENKRALs.-The affiirs connected with Mexico
and our conquest of that country, do not interest
the republic to as great extent as they did pre-
vious to the French revolution. Their intsres;
is fading every day. There seem to be now
oaly two points which are calculated to com.
mand any attention from any person; and one
is, whether the treaty will be ratified by the
wreck of the Mexican government still existing;
and the other point is, when will the auarrels