Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1860-04-21
ePBECH OF HON. CHARLES SUMNER,
OF MASSACHUSETTS,


1t Is related ia English parliamentary history,
that on a certain occasion, whom the House Of
Commons was about to order tn commitment Of a
somewhat too famous witness to the custody ui
The Sergean.atArms, the Speaker in,erfered by
volunteering to say, as he put the question, THAI
the House ought to pause before they came to a
decision upon a point in which the liberty Of the
subject was 50 ml.oriI''y concerned" Tha,
eanhe question was now before US. We are to
piss on the liberty Of citizen.
Pardon me, i'll say that such a question cannot,
at any time, be trivia. But it has an uuaccustom.
ed magnitude en- this occasion because The case i,
novel ID ibis body so that what you now do, be
sides involving the liberty Of the gentleman before
you, will establish a precedent which, in itself,
will be a law for other cases hereafter.
Now, if i; is conceded that the Senate IS invest
cd with oil the large powers claimed by tho House
Of Parliament, then | cannot doubt its power in
the present case. although l might well question
the expediency of exercising it. But this is no.
toriously untrue. 1t is well known that Parliament
is without the constraint Of q written constitutions
ard it has been more than once dcelared-much
to the indignation of our revolutionary fathers
that it is "omnipoteut" to such extent that it can
do anything it pleases, except make a man Of a
woman, or a woman Of q man. Surely, the Sen
ute has no such large powers it is not 'Omnipo-
tent but it is within the cOnstraint of a written
constitution. Instead of authority in all possible
cases, ii has authority only in certain specific
cases.
If the Senate can summon witnesses to its bar
and compel them to testify, under pains and pen
alties, it must be by virtue Of powers delegated ii
the constitutional do not say by express grant
but at least by positive i%utendment. say positive
amendment for %nothiug is to be presumed agains
liberty.
There are certain cases in which the power i.
clear. First, and most conspicuously, in the tria
of impeachments secondly, in determining the
elections, returns and qualification of its mem
bers and thirdly, in Furnishing its members fol
disorderly behavior. All these proceedings are
judicial in character and purpose, and carry with
them, as q natural incident, tho power to compel
Witnesses to testify.
Beyond these three cases, which stand on The
express words Of the Constitution, there are tive
other cases, quasijudicial in character, which
though not supported by any express words of the
Constitution have grown out of necessity and reas
on, amounting to a positive iniondment Of the Con
stitution, and have been sanctioned by precedents
l refer first, to the case Of anlinquiry into an alleg
ed violation of the privileges of this body,a where
q copy of a treaty was f~urtively obtained and pub
lished and secondly, to an inquiry into the con,
duct of servants of the Senate, like that now pro
ceeiing, with regard to the Printer, on motion o.
the Senator from New York mr.. King,l Il
we're asked to indicate the principle on which
these two cases stood, l should say it was the JUS
and universal right of selfdsteHce inherent in eve
~ parliamentary body, as in every court, and also
in every individual but which is limited closely
by the simple necessities of the case.
Such are the Eve cases in which this extraordi
nary power has been heretofore exercised the
FIRST three standing on the text Of the Constitution
and the other two on the right Of selEdefence nee
essarily inherent ia the Senate all FIVE sanction.
toned by precedents Of this body all five judica
also. in purpose and intent and all five agreeing
in this final particular, that they have no legisla.
tive purpose or intent. Beyond these cases there
is no precedent for the exercise, by the Senate, Of
the power in question.
And it is now proposed to add a new case. most
clearly without any support in the Constitution
without any support in the right Of S6lfdetence,in in
herent in the Senate, and without any support in
the presidents of the Senate.
A Committee has been appointed to inquire into
the facts attending the late invasion and seizure Of
the armory and arsenal at Harper's Ferry by a
band of armed men, and report whether the same
was attended by any armed resistance to the au'
thorities aud public force Of the United States, and
the murder of any citizen Of Virginia or any
troops sent there to protect public proparty; wheth'
err such invasion was made under color of any or
ganization intended to subvert the government o.
Guy of the States of the Union ; the character
and extent of such organization 1oheher any CT
izens ofMe United States, not present, icere impii
called therein, o. accessory thereto, by contribution
Of money, ammunition or otheTleise; the charactc
and extent of the military equipments in the hand
or under the control Of said armed band wher
how, and when the same were obtained aud trans
ported to the place invaded also, to report wha
legislation, if any, is necessary by the government
for the future preservation Of the peace of th
country, and the safety of public property will
power to send for persons aud papers.
And this committee, after several weeks OF ses
zion, now invOkes the power of the Senate to com
pei the witness to testify. Tho chairman of th,
COMMITTEES. the Senator from Virginia, Mr.. Mason
who calls for the imprisonment of an American
citizen, has shown no authority for such an exer
else of power in the Constitution, or in the admit
ted right of selEdefence, or in the precedents 0
the Senate. lie cannot show any such authority
1t does not exist.
% Surely. where the Constitution, and reason, anC
precedent. all three are silent, we might we'll hest
tate to exercise q power so transcendent. Bot
rhall not stop here. ! go further, and point on
two specific defects in the resolution of the Sen
ate.
First-The inquiry which it institutes ia clearly
Judicial in character without, however. any judi
cial purpose, or looking to any judicial end. Tht
committee is essentially a Tribunal, with power o
denunciation, but without power of punishment