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

dssu Sss Ill Ajsst - Ne Gel Sssasisn q Ne jsal.
slA.y Nov ssrlS "a. ys!asyss .ss * ny The sse.s.
roysrnwsntf IL not one branch Of thu lsgisstive de-
partment assuming the whole legislative capacity by
declaring that offeooe which is unknown assuming
the judc,s functions by sitting in judgment upon c
txsn; and llso assuming the executive authority by
comm him in pursuance of this trial to i'm prison.
tur. in mi. cass w On. s
he had I'd of snse the days of the nq uous star
chamber He had met with NO case, dicts, no memo
rsnds Of case. wherein party has been arrested and
carried before secret tribunal there secretly tried with
out any friend near denied counsel aud then
secrsuy-ths crime, trial, record, judges, and al,
veoped ia cloud Of secrecy Is IL supposed that
secret tribunal can bring before 1t. and try him
for contenptl Wnvt isa contempt! Withia a few
weeks past We have had Judicial decision on the sub
sst and from this would appear that the highest con
tempt that can be offered 10 court Ia look hard 1T
the jddge Now this Is contempt Of court and why
contempt Of the senate? 10 every man who CESS
the Senate and looks hard any or at the
Vice Prssident IN his chair to b. and taken Sc
cretly before that body have trial and secret
puhishment-s the proceeding be secret? And would Il
be said that the OF law had no right TO
the OF this trial? and that courts OF law had
right TO demand from the custody of any one who held
prisoner by such authority, 70 yield him up TO the
law OF the land? They might not Kill him it is true;
pat YET oy systsm Of nOm@ aathy they will, by petty
fc The danger Of the sbuee Of this power is not the
only argument against it, What the powers con-
thsm given before in this report J These are the
conferred upon Congress- add which have grow
up with the history Of all parliamentary law But ss il
power to punish q man because he looks hard at a
member OF Congress- IN ballroom In bill ard. roo m
They have tia power to punish, but it Is their
powers he had enumerated by bsipg mentioned in the
constitution show that the subject il one .hich ooou-
pied the tte1tion OF the ffsmsrs Of the ooosti.
tuition when defnng the privileges Of members of Con-
gress. These privileges had grown up as part OF the
parliamentary, not tbs conmon law Of England. When
great the convention that formed our con.
atirra hafor ham
therefore, Mr. commended that the privilege co
I'd for in this case by the Senate is ucdsns Of the
Legislature then the enumeration of all the other priv.
lsgeS in the constitution is wholly unnecessary. He
did to say that the expression OF pow
tain legal msxims we'll Known and so we'll es
to admit Of any doubt but that in this case suoh wss
trus construction support OF this Mr. B. read from
Broom, 49, 2s5, and from Duarris statutes 7l2l8,
to show that the of certain DO wers should
he taken key what all other powers claimed
be- Mr. said he had gone much farther into the ma
than had Intended because from the nature OF
rh return he supposed that eance would be on
case Of Anderson 70 Dunn, case which was taken
up from this court IL time above might be amused
with examining the reasons given By the learned Judge
[Johncop in deliyerog toe opinion in that In the
opinion OF the judge there 10 much poetry and there lie
all the virus OF Rhode Island statute, infused into
Kentucky contract. In this case OF Damn aud Andsr.
son, Mr. Dunn the sergeant at arms of tho House OF
Representatives sued for false imprson by MIR
adsrson lie appeared aud pleaded his privilege
rhst plea set out thai Mr. Clay speaker Mr. Doher-
ly clerk, and Mr. Dunn srggsnt-At.srms. The arrest
was for contempt Offered In the presence of tn, House.
The plea set out that these parties all elected
fcers and that the warrant was Issued by them, and
that all was done according to the rules Of the House and
toe law Of the land To this plea the plaintiff demurred
thereby admitting the most fact that the pre-
GO dings were all had in lance with the rules OF the
and law of the land. The was triad upon the
point whether the Hosse could punish for contempt
any all The force Of the decision was that both
houses OF Congress have the to punish
but very from saying what lie contempt of the
Senate and far from saying that the Senate punish
In every case This CASE therefore is no authority
rha .turn Ynuat ahOuv hiatt init
the powers acknowledged to bs vested in tbs Senate
Mr. B said forhsr If the grant Of this power claimed
by them not 10 be found in the constitution is IL In
toe law and il so, what are its limi ations ??
As TO the power Of court enquire into the offence
ao.ed In tue return be- 10 fact contempt not he
cited from 9th Adoiphus Ellis Il Bolman Swartwout,
4tb CrAnch rs; Peters 20l Peters $685. 7th Wheat
on SO; 9th Peters 7O4 So Common Law Reports 49, ga
g. TO- 10; 80, Wilson 1885, q Blackstone Report 754 Ia
Essti; Lord Raymond. The case in Wheaton only
goes affirm that the courts had general power
punish for contempts but will any contend that tho
s nate Of the United States in this case is exercising
general jurisdiction. Mr. Bradley then coated tho
rous decisions OF tbs above cited cases. and said that
the court could not s to b, startled with the extraor-
dinsry assumptions OF privilege by both houses of Par
lament, among which, are tbs following For shooting
ducks in members pond, for arresting servant Of .
member, for riding members horse &o SO. Yet not
withstandng ali this hs still considered o. them
squaing in usce the now before tho cocrt In
ali these arrests were the pub
lie. aud all was transacted in opsn dsy bat amid the
whole range OF these cases, there is not siege
where riamsnt tiled and punished ntemps secretly
Chancellor decided that Pa Lament but that
neither house sctog by itself susperor to Law.
That he wa. punished by imprisonment for any ofonc.
known to the laws of tbs United states? WHAT does
the return say!'Whereas, John Nugens witness sum.
moned Ia what case! In what proceeding! The re-
turn that he answered the folosng interros
o. r-.-NJw where the answers Suppose il shall
appeal il /. in fact upon the secret jouru ais of the
Sc ae that he fully, completely "a entirely exonees
ted the Senate all It's officers what right have the
Senae to mprisoi tls paety bee iusc ne will not aid
have the Senate resolve themselves into iDqus-
tion to seek subject which 10 known to
nation? II they desire to impeaoh tho PRECEDENT OF
any other ocer OF the Union they the proper pax
ties to do SO! DOES not the constitution OF the United
States declare that the othor branch Of the Legislative
department shall ipeaon? Is not the clearing OF the
Senate add its officers oil that they hive right to in
Quirs into! In The spirit oil the cases have cied
oar that of Anderson and Dunn on
the face OF tho return that the officers of the House
acting In sccordsucs to Law, but hero 1t does
What this given to the of this court de-
Inanding the cause Of commitment and detention Of
this party! IL Is that the party called before the
Senate 10 Executive session. aud therefore, they cannot
state the cause Of his capture and detention, be-
to do would be to violate rule of secrecy
bished by Themselves, Mr. Bradisy in conclusion, said
thst the eturn of the writ of habsas corpus insult
Client upon face and therefore, tho party emit.
tied to discharge which he now msvsd the court to
order.
Mr. CARLISLE and said, thst his bsst apoogy for
tue ncoheren and desutory remarks that he desired
make, WAS to state the TACT tnat he retained
until the argument had commenced aud had not had
opportunity to investigate the subject Bus upon
of tas kind, he considered that did require
nuch very deep examination to arrive at esfs judg.
ment 1t was where the liberty and rights of an
American citizen attacked and invaded gnd in his
opinion did not require gr st legal souaen to iaves
gate it, IL was the exercise OF arbitrary DO
han and tbs Constitution and laws upoa the other;
and In suoh a question any mind gifted with ordinary
iutelligencs could solve the su jecs. What is the
turn to the nasnable right Of habeas corpus made by
The chicer OF the senats Why 1t this that by the
rules and orders Of the Ssnate portion of their
proceedings 10 10 be kept escret and he not dvuge
why he holds the party, because If BIO does So VIC.
stes his oath Of Office. Mr. Carlisle said he heard
ofany case OF late occurrence wherever party was
coudsmzed and punish by any tribunal whose Pre-.
cssdiags conducted in secresy The constitution
ef the U. 8 guaranteed to every man speedy and q
public trial In every criminal offence. This not le
gslly speaking, crnins offence; yet the spirit of the
const tuton manifest that In ell affecting
the liberty Of ciuzsn, tbs proceedings public
NJ Carlisle continued his remarks, arguing mostly
upon the Injustice, cruelty aud Inconsistency any
tribunal existing In free country under tree