The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-05-07

WASHINGTON, May 5, lSis.
Gdluiensis and the Senate.

WASHINGTON, May D, 1910
Gaipiensis and the Senate.
Before passing to the more serious subjects OF
consideration, connected with the investigation
instituted by the Senate, it may not be improper to
call especial attention to the form Of oath was at
first required to take. This ALSO like their mode
OF proceeding, is borrowed from by-gone age Its
effect would have been to bind me TO answer all
such lnterrogatorIes the Senate might choose to
put II corresponds, almost word for word, with
The oath known the ''oah cr-o6fcio," adopted by
the high commission conrt of England in the reign
OF Elizabeth. This court was established by the
Queen, on the authority OF the act of supremacy to
take cognzance of all offences against the estab-
lished religion. 1t was invested with extraordinary
powers and was authorised to examine the clergy
on oath touching their views on doctrinal ques-
tons. This oath, binding the taker to answer all
questions that should be put TO him, was so much
at variance with all the established principles OF
even English law, that it was loudly condemned al
the time, and Lord Burleigh himself, bigoted adj
vocate of OPPRESSION blged to declare that he
thought the inquisitors of Spain used not so many
questions to comprehend and to trap their preys"-
The high commission court-lts forms and mode of
proceeding Were all swept away in the reign of
Charles L., with the Court of Star Chamber; and
now, In tins country, and in this age, the form of
oath used by that court-the most odious and OPP
pressive OF Its creatons--is revived by the Senate
OF the United States in their judicial proceedings
admit that the power to arrest, try, and punish in
private, citizen of the United States-a power
overriding the constitutional once conceded, in
wolves every other power which the caprice of the
Senate may invent revive; and therefore seeing
they have established an inquistoria tribunal one
need have no surprise that this oath, broken and
buried instrument Of despotisn is disnterred from
amidst the ruins OF that monarchy dashed to pieces
well.
Another monarchy was dashed to pieces some
weeks ago by the strong hands of the artisans of
Paris, and amid the shouts of EMULATION which as
cended from this city on the occasion, was heard
the voice of Mr.. flanagan, crying s'all hail to
| the. young republic of France"-that newborn
child Of the goddess Liberty, who is supposed to
take up her especial abode in this favored land.
A few short hours before with those same lips
that gave uterance to this sentiment, he had voted
to cruelty that glorious goddess in the person of an
| humble citizen. Such basphemous mockery of
irreverent to quote in this connection.
clared that, like Lord Mansfield, he Will not run
after popqlarity--popularity must follow him. In
deed, ne has ntlmated that to him it is matter of
perfect indifference whether he be flatered or as
sailed. Who was this Lord Mansfield whom Mr.
flanagan quotes with such reverence? He was
| the most AFFECT slave Of one of the meanest des-
| pots that eyer sat on the throne of England. His
whole judicial life was devoted to the sole end of
| undergoing the prerogatiyes of the crown at the
expense Of the liberties of the people. BY his de-
clsions on the bench he did more to sap the foun-
datlons OF English freedom, such as il is, than
Scroggs by his. bold ruffanism, or Jehries by his
wanton brutality. There was no service SO de-
graded-no assault on the constitution so impudent
mat ne dd not attempt at the bidding of his master.
| M l..
venerates, and whose sentiments he adopts as his
| own.
Shall 1.-THE public be enlightened as to what Judi
clal character MIR. Phelps has taken an exenl-
gators and supporters of the proceedings that have
Just terminated so discreditaby to the Senate An
exposition OF the cause of his hostility would be
nous; but forbear for the present Is not Mr..
| Phelps aware that his political existence hangs at
the point OF my pen? he were more efficient for
evil, would be less sparing. As it is, l confess
to sentiment of slightly malicious pleasure
ing over his head, unhurled, the bolt with which
| l can, at any moment, compass his destruction.
Let him mend his ways, and avert his destiny
That power, which scOrn to exercise for motives
OF personal revenge will not fail to exert should
its use be hereafter necessary to prevent mischief
| to the interests of the nation.
1t Is such men who claim a right unknown to
the constitution, to deprive the citizen of his
court OF law. Guided by such men, the more in
telligent Senators have permitted themselves to
De accessory to most dsgraceful assault on
the liberty OF the press; The Senate. was once a
| dgnihed and respectable body. Can it any longer
pretend to dignity. when among its members are
| to be found such men as Moore, and Tumey,
| Phelps, Hale, and Upham! Besides, the body-once
| an independent branch Of the government, has
deteriorated into miserable instrument of the will
OF the Executive. Why does not Mr.. Calhoun adj
dress the powers of his great mind to abating this
abomlnabe evil? Does he not know that the re-
/ L L
formly condemned, was originated at the nstigation
| OF Mr. Polk! Is he not aware, that the object of
the PRESIDENT In thus procuring the prostitution of
| the Senate, was to crush Mr. Buchanan! this same
President, who had the hypocrisy to say, when APP
Piled to by his satellites in the Senate, for his add
vice In relation to their course on the motion for
my disharge, that it would be unwise to liberate
me until should exonerate the Cabinet:
IL Will be recollected, that when asked by the
committee ofthe Senate to absolve Mr.. Buchanan
from any agency in furnishing the papers published
IN the Heratd refused, on the ground that they had
no right to ask the question. On Monday, the 9th
to the Senate, completely exonerating the Secretary
OF State, and asked that committee should be ap-
pointed to take my deposition to the truth of that
declaration. That committee was moved for, but
was never granted. Its creation opposed by
Mr. Folks friends, and yet Mr.. Polk declares that
he desired Mr.. Buchanan's vindication.
But every body else-.evcn Mr.: buchanan hlm-
selt--was perfectly satisfied with the testimony
| that was before the Senate In his vndcation.-
Why was it not satisfactory to the President p
| Was II because of his excessive zeal for Mr.. Bu-
clianans interest, 1t rather that he desired
to nvalldate that testimony by suggesting Its i'll
| sufficency!
| That declaration of the 9th of March, cxoner-
ating Mr. Buchanan, is now the journal of the
Senate Why has not that journal been published!
Have not Mr.. Folks friends voted against its
publication And yet Mr.. Polk declares he de-
| sired the exoneration of his cabinet.
GALvIENsIs