Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1860-04-21

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to ROMAN until discharged by due course Of law.
But doubt If the Senate Of that ucigbbor State
could erect itself into that Grand Inquest.
If the Senate Of the United States have power
to make the present inquiry, then, on any other oc-
casion Of alleged crime, whatever nature, whether
OF treason, or murder, or riot, it may rush to the
assistance Of the grand juiies Of the District, or,
still further, il may rush to the assistance Of the
grand juiies Of Virginia; in short it will be an in
quest Of commanding character, and with far
reaching, all'7ervadiug process, supplementary
and naicillary to the local inquest; or rather SO
transcendent in its powers, that by its side the 10.
cal inquest will be dwarled into insiguifcauce.
Surely this connot be proper or constitutional, But
perhaps | am especially sensitive on this point
for as a citizen Of Massachusetts,, l cannot forget
that her Till Of rights, originally the work of John
Adams, provides expressly that the legislative de-.
parlment shall never exercise judicial powers and
the judicial department shall never exercise legisla-
tive powers, to the end, as it is solemnly declared,
that it may be a government Of laws, and not of
men.
But assuming that the resolution is defective, SO
far as it constitutes an inquest into crime, it may
- ohlu lual tuG NlNibSS SuOuAu W UOnDclltu "
answer to the other parts. Surely, the Senate
will not resort to any such refinement in order to
i~mprison a citizen.
Secondly-there is a broader objection still
that whatever may be the power of the Senate in
Judicial cases, it cannot compel the testimony of a
witness in a p roceeding of which the declared
purpose is merely legislative. officers of the
Government communicate with Congress and its
committees simply by letter. They are not
summoned from distant posts, or even from their
Office here. And know not why a distant citi-
zen, who is charged with no offence, and who in
every right is the peer OF an Office holder, should
be treated with less consideration. If any infor-
nation from him be desired for any legislative
purpose, let him communicate it in the way most
convenient to himself, and most consistent with
those rights Of the citizen which I'LL are bound to
respect.
AT all events, If this power is to be exercised
let it not be under a simple resolution of the Sen
ate; but by virtue of a general law, passed by
both Houses, and affirmed by the President, SO
that the citizen shall be surrounded with certain
safeguards.
Mr.. President, | confidently submit that a pow.
err SO entirely without support, and also obnoxious
to criticism, a. the same time that it is SO vast, is
not to be earelcssly exercised. You cannot send
the witness to prison without establishing a new
precedent and commencing a new class Of cases
You will declare that the Senate, at any time
not merely in the performance of its admitted iu.
dicial duties, but also in The performance of It'll
mere legislative duties-may drag a citizen from
] tho ptOgt A1oIonE rsIo.a &c Al. ...zL l.-A-.. c..
and compel his testimony, involving the guilt OF
innocence of absent persons, or, it may be of the
witness himself. This is a fearful perogative, and
permit me to say, that in assuming it, you liker
yourselves to the Jesuits, at the period Of thNil
most hateful supremacy, when it was said thai
their power was a sword, whose handle was al
Rome, and whose point was in the most distant
places. You take in your hands o sword, whose
handle will be in this Chamber, to be clutohed by
a mere party of majority, and whose point will be
in every corner of the Republic.
If the present case were doubtful, which / dc
not admit, l feel that l cannot go wrong when ]
lean to the side of liberty. But, even admitting
that you have the power, IS this the occasion to
use It? Is it, upon the whole, expedient? Is
the oEject to be accomplished worth the sacrifice
It is we'll to have a giants strength but it is tyr
anous to use it like q giant.
For myself, sir, confess a feeling o: gratitude
to the witness, who, knowing nothing which be
desires to conceal, and chiefly anxious that the
liberties Of all shall not suffer through him, feeble
in body and broken in health, hardly able to en-
lure the fatigue of appearing at your bar, now
braves the prison which you menace, and tbrust
his arm as a bolt to arrest an unauthorized anC
arbitrary proeeedings.