The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-07

and put In s.nsn.usns By the s.rs..at;s..s.s: II:
tss court sail that the warrant OF commitment By the
House. stating only that coutsmpt had been commit
ted. without setting forth how that contempt the
procee inss leading to the contempt In fact
tempt OF the privileges of the House not SUFFICIENT
tion that the mouey arising from the levy should be
paid back 10 the printers The sheriff refused do
%on.y he va" in cnntemut TO The House Of com@ons,
and In conhuem-nt for tbs same. The court ordered
him tn pay over the money to thu party In whose favor
the execution levied The sheriff refused and Was
10 contempt to the court In this dfnculty the court
Laid rule absoue upon the sheriff TO pay the money
IL had previously ordered H. did aud thus set
nAusb the alleged contempt Of the House Of Common
Mr. Bradley said that from these cases, II was EVIL
England between the Houses Of and courts
of Justice. The Parliament, on one hand struggling
Of the government and particularly the Judiciary while
tn. other hand th judg staining the poo
pie and ths Psrisment to protect the later from !h-
of and privilege by the
The courts there what we woulS have them
here shield the ctsen from the u.urpst'ons and
tyranny of irresponsible ~ wer The Parliament
there says hat Aloue is the judge Of its privileges tho
courts deny it The S-rate here says that 1t alone
Of aud not only right Of this
court inquire into the question Of privilege but denws
turn why lh,y imp,son . cit,s-n. They say he com.
mitted cou'enpc; they r-iuse to tell US how he
came 10 commit hat contempt, and what they were
engaged in and what investgn ion they were
prosecuting when be committed this contempt
The Case of -and'rson 4 Dunn was again taken up,
and the poc'ical aud eoqu mt opinion II Mr. Justice
J,hnsoa was examined In detail, and commented upon
with great force
Mr. BRApLsY said that he had given this case tho ut
most attention aud examination had reviewed all the
cited aud with all the lights before him. and he
stated without ID. least he statsn that such
this since tho day Of the chamber has been
known mot case record, where stuxen has been
sesed arrested examined accused, triod, oondsnded
aud punished by . secret tribunal Never was man
stree the chamber passed sway tried and punished
ssorsty and the of courts to interfere and see
and scorn~d And all this the act Of tho American
Ssnste Well does become that the people should
against tbs encre achments Of arbitrary power and
laws should be passed restraining this power The
several cases cited by Mr. Coke, from the AMER
and commented upon He examined the papers In each
and every showed that the warrant OF the Speaker
OF the Vice President contained the whole proceed
previous to the arrest and during which the con-
tempts committed Hc inerpolsted the reading
of these papers with many torcible and pertinent
marks which without the whole Of the documents
given would not be sufficiently understood These
cases we're those Of Duane Rouncevs Whitney, Lane
and others and showed that upon the face of the
whole roosedings it appeared In each and every Case
that the jurisdiction set out clearly In the case OF
Rounceva he refused to the committee appoint
ed by thu House in secret session to examine him He
refusing still furtherthe House ordered him to be
appeared that he commit ia matter where the
House had undoubed authority to act But in the pre-
cent the warrant shows such thing These
Mr. argued instead of being authority against the
discharge of the prisoner authority favor of toe
senate.
party should contain, afirmsvey, tbs evidences OF the
jurisdiction Of that body IN 80 doing Daring the read
ing of the journals Of the HOUSE Of Representatives
upon the OF John Anderson 1t appeared that the
Speaker addressing Anderson said to him. vi" you de-
sire counsel you lave the same, If you want time
to prepare your Defence it will be granted" These
things said Mr. denied in the present case and
the party refused both counsel and time to prepare
a defence.
Mr.. COKE That does not appear the return and
therefore ia not before the Court
MIR BRApLEY-I know it Is not on the return, and
Rnn Srpfh afnr md taxi Innn
self to say thai the INJUNCTION OF secrecy shall be re-
moved from the of the Senate that greater
pea on the records Mr. Bradley then examined tho
record show that by implication there could not
Ina. the Senate had under consideration any subject
particularly at the time this party committed this a
rged contempt which omission he considered amount
to an cheney in the RETURN and therefore the
prisoner entitled TO discharge. After some gene
raj marks upon the enormous power that the Senate
would have this privilege were conceded to them be
concluded earnestly hoping tina: the Court would
such dsr extent OF irresponsible power the
Mr. COKE said that few remarks necessary from
him He refer Cd to some few minor points upon which
He referred the act IF 9s where the Senate
power 10 examine q witness, IN any Case"
Judge MoRsELL-There must be limit to 1t, Ger
tAiniy.
Mr. Co1r-who is to tx It?
Judge sioRssLL-1 here must be a limit 1t certainl.
means sny case In Viii sh they have jurisdiction.
Judge DuNLoP-it do not mean that they have y
right to summons q witness In case between snc
Mr.. CoxE-No; but they would have right to sum
mons witness to enquire how the Of and B.
tried
Judge DUsLor-Yes In an enquiry into the action
CT court which would be within their juris dctiob
Mr.. CorE tsen read case from the common Law re-
ports aud construed toe d, cieon something dihr
enL from what Mr. Bradley had stated il to be
MIR. BRADLEY joined briefly, and the was closed
Tnr court then adjourned TIL Friday next, when tn
decision will be The prisoner reTnanded 10
The custody Of the Serg ant Arms for he time belrg