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

session, is gross, violent and disgraceful in
fraction Of this most valuable article and provi-
sion. Mr.. Nugent was called upon as witness
to testify on an investigation as to the mystery
of the publication Of the treaty with Mexico, in
the Herald. This proceeding was in the nature
of criminal prosecutions; and at the very first
step, the Senate violated the first principles OF
criminal law, as well as the fifth article Of the
amendments to the constitution, by forcing Mr..
Nugent into the position of being witness ag ansI
himself, or OF Imprisonment Of person. Under
the law and the constitution, he was not bound,
in such position, to reply TO a single question
put to him by the Senate; yet waving the right,
he courteously answered number of questions,
all of which exculpated the Senate, the Cabinet,
snd other persons involved In the suspicious OF
| the moment. Not content with that, it seems
that the Senate put further questions; but Mr..
Nugent refused to give further replies. For this
refusal, the Senate deprives him of his liberty,
and, we may add, of his property, by deprivine
him of his employment and this is done by the
mere volition of the Senate, without any due pro.
cess ofaw, as the constitution prescribes and pro.
vdes. The only ground or authority they put for.
ward in defence Of such course, is tn 1t growing
out of some underlined and undesirable privileges
hedged around the Senate, in secret session, in
some way not known 10 the world at large. This
is equally unconstitutional not only is the con.
duct Of the Senate illegal and unconstitutional,
and violation of personal rights and liberty but
the very system which they have adopted, of de.
batting in secret session, Is opposed to the spirit
of the constitution-opposed to the epirit of the
| American revolution, and is one of those rem
nants, yet remaining, of the feudal and monar-
chcal system which prevailed in the middle
ages, and which aided and assisted to bring about
the recent revolution in Paris, and the downfall Of
| Louis Philippe from a throne which he did not
| deserve. In a republic there should be no Sc
crecy, either in the government or in the courts
of law. The Presidents Office, the public de-
partments, all the archives of the government
and OF Congress, should be as open to the public
as the courts of law now are, The first effort of
freedom, in the middle ages, was directed to tht
breaking up of secrecy in the courts of law-to
open the doors of justice. Secrecy has been re-
lained in the diplomatic departments of the
various European governments, contrary to the
Split of the age; and the sam, system prevails
IN a certain portion of our government at Wash
ington, arising from the weakness and supine-
ness of the people.
IN every point OF view, tNeIeIOIeS Tue lHCdI-
ceration of Mr.. Nugent, for refusing to reply to
impairment questions respecting our business,
put to him by the Senate of the United States, Ii
gross and palpable violation OF the constitution,
and an equally gross violation of the principles
Of the revolution, and ought to be denounced as
such by every freeman, and every independent
journal in the country.
The question then arises how number Of men
of sense and intelligence, such as compose the
Senate, could SO far forget their position, their
duty, and their common sense, as to institute
such an absurd, ridiculous and illegal proceed
ing We can account for it in other way
than the belief that it is mixed up with some OF
the contemplate and dirty intrigues among the
| Presidential aspirants at Washington, and in
| tended to bear on the Baltimore convention
| which is to meet next month for the nomna
ton of democratic candidate for the Presi
dency 1t had been supposed that Mr.. Buchanan,
Secretary of State, gave the treaty to the CORES
pondent of the Herald. This, to be sure, was
gross error but it was the general suspicion
For weeks after the publication OF that treaty,
nothing was said on the supposed violation, in
the executive councils OF in Congress- Unfor-
tunately, however, convention in Pennsylvania
nominated Mr.. Buchanan as candidate for the
Presidency, and held HIM upas strong and pow
erful man before the Baltimore con vention. AL.
most starting from that moment, it appears that
this investigation was set on foot, beginningin
the White House, land communicating itself to the
private chamber of the Senate. Mr.. flanagan, il
seems, was ins,gated by the President to com
mence this investigation, and in this he was sup
ported by Mr.. Turney, of Tennessee, and several
oil 1op, Oh H..
Wesupposed, at first, that Mr.. Cass, Senator from
Michigan, was one of the principal leaders in
this business but further information has
satisfied US that he is innocent of committing
this ebsurdty, which was set on foot BY Mr.
Polk himself, and carried through by his agents
-Messrs. Hannegan and Turney The whole af-
fair is connected with an effort on the part Of Mr..
Polk to intrigue for denomination at the Balti
more convention; and the investigation, at the
start, was expected to enable him to dispose at
least of one of his competitors in this way
Mr.. Buchapan.
full Development OF the jny ,stigation, with
its antecedents, will he gwen in few days. In
the meantime, we leave the United States Sc
nate 10 make another attempt, in some shape, SO
as to beat the monkey who tried to bite off his
own tail, for the entertainment OF Driesbach and
his meRageric.
MEXICAN AFrAIRs-THE QUARRELs OF OUR
GENKRALs.-The atfiirs connected with Mexico
and our conquest of that country, do not interest
the republic to as great an extent as they did pre-
vlous to the French revolution. Their interest
is fading every day. There seem to be now
only two points which are calculated to COM
mand any attention from any person; and one
is, whether the treaty will be ratified by the