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

=: ss s. ne S.:ss, 1879; =. en-, n.
ssIss, and net on the position Of party suing Mr..
Besl. for false inprsonment for In the latter case
l. hing Ssrs the ossrt INT mere rstun 70 @rit
ana it viii be considered by the court that, in mere
return to writ ~ need not bs ~ specific as We would
BE- obliged to be In special plea. WHAT 10 the return
mSds? Tho respondent says that he 10 Sergeant-at-
Arms Of the Ssnste that these proceedings held in
secret session. what is called executive session. that
these proceedings his osh requires him to preserve
cret snd he u not allowed to state but he produces TO
the court the ansl warrant Of The Pfesdsnt Of the
senate committing him to his custody The question
10 asked were the senate right in what they did?
and is tins court at liberty to review and reverse
the action OF the Senate? Upon theee questions he
asked the attention of the court for a few minutes.
Mr. C. said that he had been employed by the Senate
in consideration of the magnitude of ths case that some
one else capable had been selected and more
bic to give it that research which It deserved and re-
CURED We had heard many hard names applied to this
proceeding Of the Senate We have heard the Star
Chamber invoked Is preferable to It; have heard It
compared 20 the nquisition Arc gentlemen that
secret proceedings constitutional, and that tha power
make their proceedings secret Is expressly given In
MIR. BRADLrY-wc never denied ths power
Mr. CoxE-I did not hear 1t admitted; but heard II
denounced all tho odium possible hssped upon It,
Judge DusLAr-Air Coke, give US the article and
section.
by the of Congress of May 3D. 1898 to be found
Gordons Digest, they given the power to admin.
Therefore, we roe that the constitution gives them
to have secret sessions the act Of Congress
gives them power to administer osths In the FIRST Con-
gress nearly all the business transacted in the
Senate secret session. and this done In the days
of Washington who was President of the convention
who framed the constitution There il nothing in pre-
csdepts-nothpg in the past present pro esedngs of
the Senate, to justify tho rebakes and attacks made
upon secret Has any branch of the judiciary
the hiGhes or lowest cours-the power send to cir
ministers the Seuate and compel them to divulgs
the proceedings kept in msnnsr, constitutional
Again parts OF certain court proceedings secret
| every court martial has secret sessions.
MIR. CAMILLE Mr. Coke you do not to say that
| in courts N Atrial there are no publ, trials?
Mr.. CoxsI mean to Assert what assert and to deny
that has been said By referring tho history
rhe couary, and constitusn OF the United States.
think that s the odum that has been sttempted to be
sheown upon the seoret proceedings Of the Senate
be completely answered, and thought that it
taste for ally in this day to make courts OF justice
| an for attempting to make brsncn of the
government odious or mean ia the eyes of tho other
The return this writ Do taken as true;
il cannot he trGversed controverted but be
considered true. The return rays that John M.
gent witness bing summoned appeared st the bar Of
| the Senate, ana being o witness, "-here
| be 10 Called as witness, appsays at the bar,
aud sworn according to Lag; all done in pur-
soance Of law and the Constitution What IN all
tas Is wrong, lie was swora az witness, and as the
return says-hs answered certsln ner Tne
senate noe dsenins his answers sufficient put others to
fore, a6judss him in contempt Nov, where IL the tri
buos with jurisdiction to reverse this decision? No
where. To what 60 att will writ of lie? To
Add Mr. Coke saa that he denied the existence Of any
court that bad Jurisdiction to the decision Mr.
c. read from the Sd Wilson, 1879, to show that
all courts had power to punish conte mpts generally,
either by themselves higher court and that
the Houses OF Parliament had no tribunal their
decision upon contempt final 20 in the
world could reverse it.. Every trt must be sole
judge of its own contempt and tn ~ in return to
Of hdbeas corpus it sufficient to state generally
that the privsgs Il theHouse OF Parliament had been
violated He then referred to book entitled tho Lives
of the Lord Chaacsors written BY Chancellor Camp
bell 81 vol page 900 wherein the case of Lord shafee
curry is alluded TO. Aiso to vol. Danes Abdgement,
BOA sec. title Habeas Corpus; to the in 7th
Whsaton, 80, where one Hearty, who had refused to
answer question in this Circuit Court, because he
said to answer would orminate himself writ Of habeas
corpus was sued out TO the Supreme Court of The
United States, when that that 1t had no ap.
psste jurisdiotion.n criminal and argued that
Of the ssn.s II. read from that case to
how that the action of any tribunal Furnishing party
FOR contempt was final, and could not be reviewed BY
any other The judgment of contempt, conviction
and the Imprisonment was execution upon thas judg.
aent Mr.. c. thought this conclusive The action
by every had occurred snoe tho history
inc county, both legislative aud judiciary Ho read
Of Committee OF the Senate upon the publication OF
Mr. VIM. Dusne, editor OF the .ddpcrtiser ard aurora
SO, sunmsniDg Duane to appear bsfore the Senate.
Among tho documents were tae form OF the warrant,
ehch is followed in this exactly and sgned By
Mr. Jefferson President of the Senate previous is
tn be found in the volume which in 1895
randall Whineys csse), whore the party arrested
oy the Speakers warrant The next occurs in the
ais House # 1912 pags where on motion
OF Mr. F. Gruoty, commit appointed to inquire
whether there had been any violation Of the injuacon
Of secrecy, placed upon cortaia procssdipgs OF the
House That co,Dmistoc ccne3 Mr. Rensselaer,,
~ho refused to certain Qaestons. He
an"d to appear at the bari he did Sol AMI the speaker
addressed HIN certain iu.-rrogstorcs he refused
swer AID tne House ordered him, ior committing
s.mpt to be kepdan custody Of the Sergeant, Arms
ieser to the Speaker, dssvowiDg I'll! intention COM
nta Contempt, and Will gnes, to answer all qass-
ions lie was asain summoned to the bar Of tbs House
and repeating the contents Of his letter. he dts
charged. Here were teversl where parties
rr.sed for contempt, and had been committed ia
sious forms; ana who was to settle where the authority
II Senate csased What WAS tho suppositious case
by the other sids 1t is that the patty pistey
sxoaerated the Senate and its ofcers tom being ths
persons whom obtained the papers But is this
all! Tbs Senate has = right to 60 farther; they
prosecute the enquiry to If there may not be IT,
clearly that he did receive these papers ed
senator; but at tho same time, they might have
party What Is the nature Of a psiyiesei Isis con.
srred uooa the Senate for their iniividual bsneat
Certainly not; is gwen for the benefit Of tbs whole
community They have right to protect their proceed
from Violence ami contempt because oh violence
ish interfere with the public business Of the country
For this they privileged arrest, b..
the nerests of the public might suffer the
crest and absence Of member. The court itself has
It's privileges; but they are not given to your honor
TO lend additional dignity to your Office butfrom motives
ofpubjc consideration and regard for the public inter
ss MIR Coxe tbea said that Toe stood before the
court upon the single questionable the Senate d.
right? and from this sprung tbe inquiry bad the court
right to examine that authority in the present
Tie argued that this case were suit for false mpri-
sonment against Mr.. Beae, then the court could exa-
piils into the merits of the whole matter but upon
haJens corpus the only question the validity of the
commitment He again asked where this court or the
supreme Court could obtain any power Investigate
decision of any body upon contempt! WHAT is = con-
tempt! Every court is the judge Of lis conte mpts
is said by the other party that in Louisans judge
committed most distinguished czsn tor Q contempt,
which consisted in looking at the judge II therefore
tests entirely with the court to say what is contempt
rhs Of Congress OF 1891 upon contempts does not
attempt to define what is 3 contempt it, however,
leaves with the court to decide what contempt bu
merely limits the extension Of it's power to certain liner
the fact of contempt being still left their discretion
DO where has the power OF legislative branches
government to punish for contempt been abridged
confined and MIR. c. claimed for the Senate the
by this courts before the passage OF the
act Of 1881 He regretted that he had been bic to
10 justios t. the case, but hoped he bad said
enough eaisy the that IL haS jurisdiction
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