The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-13
INTELLIGENCE BY THE NAILS.
CaIvIens.s ana the Senate
CUSTODY OF THE SERGEANr-AT-ARMs)
OF THE SENATE,
WASHINGTON, April 10, 1913. \

Alter q long ana weary interval, dt leng
resume my Iabors, interrupted twelve days ago
by my arrest and subsequent detention in close
custody, by order Of the Senate of the United
States-a proceeding which, when its history
shall be made known, confidently predict will
be pronounced one of the most disgrsceful acts
of petty despotism that has ever blurred the re-
cords of legislative body have claimed the
protection of the law and the constitution. and
by the expounders Of the law and the constitution
have been coldly answered that they have no
power to interfere. | had thought that against
every violation Of the liberty of the citizen,
there existed IN the constitution Safeguard and
a remedy but now learn that this maxim does
not hold where the Senate is concerned. The
doctrine isnow advanced that that body is above
the constitution, which every member has sworn
to support and observe and that in q matter
between them and a private citizen, although
Il ey may call down on his head the Judgment
and punishment Of law, yet against them he has
70 remedy. II I had been adjudged by the laws
of my country-by American laws-I would
have bowed submissive to the decision. per-
suaded, even against the convictions of my
own reason, that l had, in some unguarded
moment, unconsciousy offended against them;
lance of American jurisprudence ; the musty re-
cords of the ruthless despotsm of the Tudors,
and of the cowardly tyranny OF the SIuarts,
have been ransacked for precedents, and statutes
that have, even in England, slept the sleep Of
ages, and which were first framed to suit the
vile exigences of the Court of Star Chamber,
have been dug out from the dust of centuries,
and revived, TO give potency and justification to
this act of oppression against an American clti-
zen. The law and the constitution being thus
lulled to sleep by the mesmeric influence OF Sc
Material power, to the august tribunal OF the
sovereign people, whose majesty is atfronted by
a violation OF the liberty of the humblest citi-
zen, now appeal-submissive to its Judgment
confident of its award.
have been considerably apprehensive on two
points: first, that from the absurd position in
which the Senate has placed itself, the affair is
rendered 80 ludicrous the positive injustice
done will be overlooked Tor the whole pro-
ceeding would indeed be excessively ridiculous,
if it were not excessively atrociOus ;-and, in
the next place, |, an humble citizen, may
we'll despair of success, when opposed to
body of such weight and influence as
he Senate of the United Ststes-every one
of whose members is SO vastly superior to
my self in learning and ability. What Is calcu-
lated to increase this feeling is the fact that the
Senate, aw are of the advantage they possess IN
a complete control over their own records, and
knowing that from the high position the body
has hitherto held in the public estimation, tho
case, SO long as the particulars are unrevealed,
will naturally be prejudged in their favor, have
withheld from me all such facilities as would en-
able me to place the matter properly before the
public; as will, in part, appear from the result oil
the following application made by me on Friday
Cv'roDr or THE sEHorAST-Ar'Ahm}
THE SENATE,
FRIDAY, April 7, le49 }
Sir: have the honor to request that be furnished
WITH permitted to obtain copy Of protest against
examination before the Senate in secret session on
Thursday the aOth u which protest by order Of
the Senate, read and laid upon the table.
also desire that the words "ths body" be substitu
ted for this court wherever the latter words referring
10 the Senate, IN ssS o. n T:n
stu in doubt to tbs species Of tribunal into which tho
Senate resolved itself for my trial examination by
whichever name may be styled the proceeding nsttu-
With much respect,
Your obedisnt servant.
J. M. NU0ENT.
Hon G. Nj. Dallas,
President Of the Senate of the United States.
This communication was returned to me-, In
few hours, with the following separate endorse
ments:-
"Rsod by me in open Senate. 7th April '4s"
"ssnats declined receiving it.''
sc. M. Do
9th April, '4s."
The simple meaning of this, doubtless is,
that the Senate, upon learning from the Vice.
President that he had received Il communication
from me, went into secret session, and having
heard the letter read, refused to grant the appli.
cation, or permit the document TO be spread
upon the record.
II is not at all surprising that the Senate should
be unwilling To EXHIBIT to the world any portion
f the record OF their own shame; but, as by
IN fho ppp6 I'm md qA.
cresy, as much Injustice may be done as has al
ready been done. by my incarceration, trust
there will be so loud and incessant a demand tor
the publication of the record of this case, that
the Senate will be made 10 understand the expe
diency of compliance.
1t may be said speak rudely of the Senate.
| am not 80 disposed. Every Senator will bear
me witness, that throughout this whole proceed
ing, have not once lost my own self respect by
Offering them d lscourtesy and, in view OF the
cardinal principles involved IN this case, am
disposed rather to rejoice than to repine, that the
scruples Of the officer charged with my custody.
unwarrantable as was the introduction, by pre-
Guiding free eplstoary intercourse with my
friends, have delayed, until now, my exposure
of this transaction. At this distance OF time,
all irritation which may at first have felt has
ceased to operate; and | can now approach the
subject with feelings Gained by reflection and
chastened by suffering. am not disposed to use
to speak the truth, in Whatever language it must
be uttered.
And must say, there is too much cant about
this thing OF respect for the Senate. II II has
any meaning, 1t is, that the body must be re-
spected, whether it merit respect or not. The
mass of the people will learn, | think, with sur
prise, that there Is body OF men IN this country
claiming privileges above their fellows, and dis
posed to exact indiscriminate Difference. There
she uld of right be such privileged order in
this country Let the Senate be respected In
proportion TO the merits of its individual mem
bers No honest Senator will claim more and
who bl!ndly yields more, is no true freeman, but
a sycophant and slave. Suppose, for instance,
that up to that emnence which is reached but by
the majestic eagle and:the crawling reptile, there
has crept, by any Of the numerous frauds and
articles, by which such an end can be accom-
ptished, a roaring, ranting abolltIonist, who
habltually plays the bufioonn and the blackboard