The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-28
lsYELLIessCv By SHs Halls.

CUSTODY OF THE SERGKANT-AT-ARNs,}
WAsalNGrnN Ami 2l lSIS

England. Since that period there has been no
secret tribunal in that country. The Court OF
Star Chamber existed by act Of Parlia ment, and
BY act of Parliament il was abolished Even
the Tudors dared not assume the power Of con.
stituting such court without Legislative au,ho-
rty. It's powers were defined by statute. Every
subject was aware of the extent OF its penal ju.
rsdiction. The principles of liberty were ra-
ther uude hned in England two centuries ago;
and yet, two centuries ago, that remnant of des
potsm was swept away. The two most odious
features of that court were, that its prooe edings
were secret, and that it deprived the subject of
the sacred privilege of trial by his peers 1t was
these features that caused its destruction A
secret tribunal is now as obsolete in Eogaud as
pu iishment by the rack or the plncers!
The Senate of the United States, in lS4S, have
revived this same Court Of Star Chamber, which
the people of England. in l64l, refused to tole
rate. The Senate have arrested a citizen of the
United States-have dragged him before the
body In secret session-have tried him in secret
refusing him the aid of counsel-refus,ng to
heai his defence--refus!Dg HIM TIL by his peers;
and have adludged and punished him In secr~t
The Star Chamber never went further. N-ither
the constitution nor the la VS. of the United States
recognise the right OF the Senate to no secret
i
tween the Court of Star Chamber and the Sepat.
is, TINT tue tyranny Of the one was recogniz-
aud sustained by acts OF Parliament, while IN.
tyranny OF the other is not authoriz-d by any
thing, either In the laws or the constitution TIE
process In both tribunals 10 similar, only thai
the Senate proceeding, In add tion to the enor-
mites OF the English tribunal, have strong dash
OF the Spanish luquistlon. speak now not In
discourtesy to the Senate, but In reprObafion OF
their course, controlled as it was by influncrs
the most sordid. speak more especially of their
arrestlng cluzcn IN open day-trying him be-
fore secret trlbunal-refuslr,g hum the aid OF
counsel-snd denying to HIM the right to modify
and explain his testimony, aud 10 speak in his
own defence. 10 England, uoder a system which
every republican must regard as odlously oppr-s-
sive, there is, nevertheless, no secret tribunal,
and no tribunal by which a subject Is refused
those rights and privileges denied by the Senate
TO me- A criminal convicted OF the most heinou-
ct all oftenc-s, rs always allowed counsel aud is
never CONDEMNED untl he Is h-ard, It he desire
10 speak in his own defence. No tribunal in this
country out of this district, at least, (or here in
d,pendouce Is not expected 10 form com
ponent part OF the judicial chsracter,) would
venture, under control of any influence whatev.
er, 10 condemn d citizen unhs ard In courts OF
justice, men convicted OF capital offences ar
asked, before receiving sentence, IT they havt
aught 10 say In their own behalf; and il unabi'
from lndlsposltlon TO proceed, th-y are allowed
time Every lawyer will recollect an instance
OF this nature, In HIS own professional expert.
eacr. And yet, to me, convicted not OF capt.
tai offence, but OF an act for which have
crlved the commeEdatlon of every honorable
man, In that body and Out of it-this privilege.
was refused Am extravagant in stgmatisins
this whole proceeding AS partsking of the worst
features of the. Star Chamber and the Inqulsi-
ton!
Can the Senators from New York absolve
themselves from criminal a qulescence In this
Ubiquitous AID mean procedure / desire 10
speak OF both gentlemen courteousy Respec,
Is another thing One cannot respect a coward;
and both have proved recreant. They trembled
before the corrupt m nj Ons OF the enthusiastically
sm all despot OF tue White House. speak as dispas
sionatrly as advisedly, when y they acted not
from conviction, but from cowardice. Where was
that tervid radlcalism which, In the cause of de-
mocracy, two short years ago, dared to encounter
the. gigantic intellect If Mr. Webster :? Cold
and shlverlng like II whipped spaniel, beneath
the lash of Mr.. Turney. As for Mr. DIX, he
was always conservduvely moderate mau-ex-
tremely moderate-respectably moderate; on this
occasion he was phi anty moderate. II sounds
admirably well, this bowling the naughty neck OF
!he Empire State at the foOtstool of cOrruption;-
chs tact, that the two Senators from the great
State OF New York, to whom was confded the
priceless treasure OF the honor OF that noble peo
pie, should witness this vllanous oppression o
fellow citizen from the same State, and never
once wag their tongues In his behalf. Let thos-
. gentlemen take this article, when next they be-
serge the door ofthe President with the humble pc
tltlon OF some constituent ambitious 10 be the
recipient OF his bounty, and presenting II, obtain
condescendirg audience. The record of their
pllancy will be The best pas sport to the favor OF
HIM at whose bidding they were ienobly silent
when their States, honor, demanded that their
voices should b. heard
People of New York, let me not do these
gentlemen injustice; They did not utter afro
cious sentiments like Turney nor maiig-
nant stupidity like Moor; nor did they act
the part OF an angry boy, smartlDg under t
msritcd rebuke, like Phelps; nor of SNUG, con-
eeqaentlal attorney Of thu Mark .ieddle stamp,
like Johnson; nor like Upham or Hale; Oor
both the latter are understandable by any allowa-
BILE similltude, )-nothIng OF the sort. When the
record snail be published, 1t will be found h II
both the Senators from New York, gene rally
gave their vote, when they did not dodge II ,
against those meaniy oppressive procee dings
which they should nave denounced loudly, en-
phaticaliy, Indignantly, In the name OF the peo-
pie OF New YORK, who would have giorlously
sustained them. Will the people of New York
sustain them In their recreaucy!
But again, let me not do these gentlemen in
Justice, Mr. DIX AYERS that he positively would
have done his duty. but that II was absolutely
unnecessary. Mr. Foote, he says, did ali thai
could be done. True, Was defended by one
generous, bold, brave man, who shrank not from
responsibility, nor wearled once IN the many
tne freedom of the press. But of what avail the
efforts OF one man against such odds :? They
could not out flank hlm In argument, but they
could out-vote him This is, then, Mr. Dix's
ed, gagged, assalled by host Of some thirty or
forty, and defended by one true manly heart thai
quails not before the dastardly hrong, but defies
them, and shields his friends defenceless body
quietly on, folds his arms, declining, in his mo.
deratIon, to interfere. Will Mr.. Dix libel the
people of New York, by saying he has learned
such principles of chIvalry from them or has
he received instructions from them to help 10 re-
yive the Court of Star Chamber 7 or TO force ci.
tlzens TO take Infamous oaths or to imprison
them for not consentiug to violate their honor
am sorry for Mr.. DIX. GALvlxNsIs
WASHINGTON, April rs, 1S45
Scotia <of ouf e L..