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

if you know, by whom they were copied
b. Where ia what place house, AID ct what time,
tbs said amendments Of the treaty copied
Aud having refused to sn.wer the following interro
8. Where IN what place, or what house. and at what
time did you FIRST receive . printed copy OF the CON-
dlentia document containing the treaty the Presidents
printed in the Herald /!
In answer to the third interrosatory, You have
the editor of the Neu York Herald Stats from whom
received the said treaty with Mexico, with the
and the said portion of the proceedings Of
the Senate.
8. In your to the fourth interrogatory, you
state that the amendments there referred to com
muDicated to the Herald in your handwriting. Did
you copy the ard from what did you copy, and
when, and where and from nom did you procure the
original from which you copied the same?
You say in answer to the last question, that you
decline to answer the same you cannot
y with accuracy Isl because you do not rsoolect the
TO- What portion Of the facts do you recolleot with
accuracy Is 1t a. to the person from whom you OBJ
tanned the papers, any Of them referred to
II. stse from whom you received the treaty.
~ state from whom you received the documents.
IL State from whom you received the proceedings Of
| the Senate heretofore enquires of.
IA Was the copy Of tbs treaty you forwarded to the
| Hrasd printed copye
has, BY so refusing committed q contempt ainst the
Sc ate and has BY the Senate been ordered into the
custody of the Serje Arms there remain until
the further order Of the said Senate
These therefore to authorize and require you and
you ara hersby authorised and required to taks into
custody the body Of John Nugent and him safely keep
rher order of the Senate of the United states in this
oenslf and for SO doing this will be your sufcient
warrant.
Given under my hand this slst day of March
in the year of our Lord one thousand eight
hundred and forty eight.
g NJ. DALLAS
Vice.Presidsnt of the U. s., and President
Atto.t-AsBURY DICKENS,
secretary Of tbs Senate Of The u. S.
Mr. BRApLxr said that he had not hal On opportunity
to examine the return and indeed, he had had No cp
Of hat ha Ha
therefore asked the court time to allow him Id
over, and examine its contents. He might, he said
turn ITSELF he could sdm. ali the facts sisted there
and deny that they all the facts. But he would
Ike to examine il further.
JUDGE CRArcn-wiL you be so kind as to read the
rsturn 10 the court sgsn There parts Of lit, that
did not b ar perfectly.
MIR BRADLEY sgain read the return and preceded in
his argument He thought there enough upon the
face OF the return to show the insucency Of the
held the prisoner Itshews that the Senate Of the
United states had called before them citizen Of the
United States for 9 contempt by him committed. And
what the contempt set forth in this return is
Others which nterroI Atories arc propounded t,
him In secret session The question in this cass there
tore arises is is this Legal commitment to
tody? He presumed there would bs objection to the
habeas corpus itsel but there would, he supposed be
objection to the power of the q return Of the
ha6eas corpus TO sot andt enquiry Will be- as TO how
he enquire int the validity holding
prisoner Ia custody Now, what the facts Of the
case7 Upon the return Of the habeas corpus appears
That the prisoner is in custody by the action
branch Of the Legislative power of the country land
hat too in score; session. for refusing to answer Ger
In the return. 1t IL not of contempt against
"a pow-r exercising Judicial authority contempt
ease of contempt against branch of Cor gress
claiming privileges unknown to any one bus them
relves--unwritten, above, and superior to all law
We know law but the Constitution Of the
United States we recognise nothing superior to it
Fsom that Congress nscsssary derives its
Of any sucn power is set in this by the Sc
uate nor is there any in the spirit OF the Constitution
neither in the letter in the spirit The object to be
attained by the constitution give Congress gene
powers and to all law, necessary to carry those
laws into effect There is press grant of any such
power, ther- be re- sed by impli alton
There is no stsutory given to Congress TO punish
eontemps Congress has never seen fs to legslate
the subject of contempt except 10 defining the pow
courts to punish the And In that case it n.eered
for the protection of the citizens from the
contempt by courts Of justice II this power is
presley or implicitly gwen by he constitution, nor by
the common law Mo- the common Law is still further
wanting in any such power rs that the Legislature
punish for contenpt That portion OF the common law
II England Is in force ia this country and where
the privileges OF parliament be found In law
The only question that that this raised by
Ipc alton int the powers already grant
BY the constitution aud it Is that ground that this
power OF Congress put TO carry out already
granted They have implied DO ~err TO preserve order
10 protect their proceedings from inter- upioB
rnon witnesses in mater wherein they nave power TO
bold an examination, to judge Of the election returns
Determine toe rules Of its proceedings keep journal
publish or keep secret it's proceeding TO b. called
in question for what they IN dsbst" Here then
some OF toe materials and highly valued privileges which
havegrown up asa sort OF parliamentary law But II
you recognize such power in the Senate as is attempt
I'd In this case, what too high for its raogcwhat too
sacred for It's operation! Who cay chat honors
III setting In this case may not be committing con-
tempt upon the secret proceedings of the Senate They
may II this privilege bs theirs, arrest this whole pro
oeefng; they may send tbs into this
court and arrest u ALL and tell your honofs that you
sha not interfere with their proceedings Where does
ths power to arrest extend Where Is it oou6ned !?
Does extend all tho Union is it confined to
ths Dstic. Do we, claiming to live Ia this Try
free cit and under fres Institutions acknowledge
any power to exist which may arrest add mprison
citizen, by tbs exercise Of authority unseen,
known, unwritten We are governed Dy constitution
there IL o power existing, dependent no Law
depending merely upon the will Of either branch
OF Congress, which 10 above the constitution
Forbid 1T. We nave all heard of secret influences
on govsrnmenu-of power behind the throne but
never bsfore have We o power above the throne
For oil we know, Congress may have tho power de-
prve US OF our liberty and Of property; but In this
case, BY carrying out the principle commended for by the
Senate incident to power have the dangerous
dtioD OF things whsren either house OF Congress may
legisste try And condemn, by the exercise Of their
will; and the liberty OF citizen Is taken away
without any law for IL Joint action BY the heuees
OF Congress 10 ensct law Another reason why this
power shoud not be recognized, islst, That Ia the
power ia rcposed la Congress- all executive power lie
vested in the President; and ali judicial power the
courts Of justice each department exercising that jurs
ion appropriate to It's sphsre but all subj TO the
decisions " the court OF judicaiure Of last resort 10
this county IL n different from Ensiand--thers the
Hou's Of Lords being part q the legislative depart
nent Is the highest court Of judicsturs but here It il
different and eaeh y vested with its own proper jun