The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-05

attention among politicians The lie stature Of
this winter select successor TO Senator us Rock
we'll who took the place Of Edward Everett by executive
appointment. The election is for term OF four years
from the 4th Of March next Hon. Nathaniel p Banks
Jr, the great Know Nothing champion Of the House. 1t
seems to be generally admitted 70 the most likely to re-
Mr. Banks and Gen. Henry wilson, the latter being the
fayorite Of the free soers Mr.. Banks who is alb
Library Association OF that city, is sound national
man, orator. OF acknowledged ability, and, in
these respects, the preferable candidate. NELLIE.
WASHINGTON, Jan. 8, 1855.
The Colt Investigating CommiHee-The Power to Compel
Witnesses TO Attend. de-, dc.
1t Is understood that Mr. Letcher the part Of
Colt Investigating Committee, II is termed, will report
to the House upon the first opportunity that the
mite finds itself without power to compel the attend
of Witnesses force them to queries and
asking authority of the House to the arrest of
these ref,actory individuals.
We believe the fact is, the committee summoned
witness who had last session been two three days be-
fore them with view to the inquiry to what he
knew relative to bribery and corruption in the passage
of the Nebraska bill 1t is rather singular inquiry
and OF piece with the absurd conduct Of the committee
since the Nevertheless the point raised is of
little interest and its discussion viii probably elicit
the discovery that neither branch Of Congress has any
power to raise judicial committees to administer oaths
compel the attendance of witnesses, punish citizens
not members of Congress, for contempt.
BY very loose practice it has been taken for granted
that the Parliament of England exercises the power
to compel the attendance of witnesses, punish for con-
Tempt &c. the Congress of the United States has SINH
lar power and jefferson in his Manual takes for
granted that such really the But few moments
reflection will show that there is wide difference be-
tween the powers privileges and prerosatves of the
British Param. NJ and the Congress Of this country In
the first place, common law prevails in England and
under the Parliament there may claim to derive its
judicial power to protect ITSELF Then, again. the Par
lament is the High Court of the realm its acts
the law of the land Internationally and witho ut appeal
There being no written constitution in England custom
and precedent become the rules by which everything
governed, In the United States all this is reversed
Herein the federal gOvernment-the la does
not prevail We governed wholly by statutary law
Then have written constitution, and Congress pos
powers not granted set down in that nstru
ment. To carry out the comparison, Congress ia not
the High Court of the country its DEGREES bind
ing only in far they adhere within the strict limits
OF the constitution The supreme Court Of the United
States is the court Of appeal from the laws of Congress-
and that body alone determine as to the validity of
it is, therefore, clear that as the common law
does not prevail in the federal government, Con-
gress cannot claim to exercise functions which the
English Parliament exercises only through the
law Congress may have the power to pass law in the
usual way establishing judicial tribunals by either body
and compelling the attendance of witnesses, and when
this is done II will be statuary law. But such law
is found the statute books and until it is
neither the House the Senate have any right to
pei the attendance of witnesses administer oaths
punish any but their own members for contempt. 1t
may be question whether they have a right TO pass
such law under the constitution-but there is
question that in the absence Of such enactment
monng private citizen, and furnishing them for con-
tempt is usurpaton of authority which on principle
should be resisted Either branch Of Congress has
questionaby full control over their members-be-
You'd that, in the absence of distinct law conierrng
the power they have right to establish judicial tri
bunas and star chamber nqusitions for the forced at
tendance OF citizens.
The Senate, years ago, upon the publica
ton in the HERALD of the Mexican treaty In advance of
its ratification arrested Washington correspondent
and imprisoned him for contempt in not divusing where
he obtained the copy. After some time he set at
liberty the farce terminated Last spring again
pu blished treaty in advance when Senator Ia
tive session. probably with view OF testing the ques
ton to the right Of the Senate to arrest Individuals
moved "that the editor of the HERALD James Gordon
Bennett be arrested by the Sergeant at Arms and
brought before the body for contempt" After
discussion, however, the resolution Withdrawn, it
being apparent majority Of the Senate that such
power existed, and that investigation would only
demonstrate the improperly Of their former
Wetrust the woe question will be brought up speedily
the House. and the irregularities which have hereto
fore prevailed be put end to- There is nothing
dangerous than the exercise of not conferred by
law and ii pretty evident that If Congress- in the
future is governed strictly by the constitution and the
laws under it, its practice viii be widely different from
the past.