Worcester daily spy., 1860-04-07

ION, when the House of Commons was about
to order the commitment Of somewhat too
famous witness to the custody of the sergeant
alarms, the Speaker interferel by volunteer
ing to say, as he put the question, "that the
House ought to pause before they came to a
decision upon point in which the liberty OF
the subject was so materially concerned
That same question is now before us. We are
to pass on the liberty of a citizen.
Pardon me if say that such question can
not, at any time, be trivial. But 1t has an un-
accustomed magnitude on this occasion, be-
cause the case is novel in this body; so that
what you now do, besides involving the liberty
of the gentleman before you, will establish a
precedent which, in itself, will be law for 9TH
er cases hereafter.
Now, ifit is conceded that the Senate is in
vested with all the large powers claimed by
the houses of Parliament, then l cannot doubt
its power in the present case, although | might
well question the expediency of exercising it.
But this is notoriously untrue 1t is well
known that Parliament is without the con.
straint of written constitution and it has
been more than once iecared-much to the in
dignation of our revolutionary tathers-that it
is "omnlpotent to such extent, that it can do
anything 1t peases, except make man of a
woman, or woman OF man. Surely the
Senate has no such large powers; it is not
"omnipotent;" but it is within the constraint
of a written constitution. Instead of authority
in all possible cases, it has authority only i'll
certain specific eases.
If the Senate can summon witnesses to its
bar and compel them to testify, under pains
and penalties, it must be by virtue of powers
delegated in the constitutional do not say by
express grant, but at least by positive intend.
ment. | say positive intendment for nothing
is to be presumed against liberty.
There are certain cases in which the power
is clear First and most conspcuouSly, in the
trial of impeachments secondly, in determin-
ing the elections, returns and qualifications of
its members; and thirdly, in Furnishing its
members for disorderly behavior. All these
proceedings are judicial in character and pur-
pose, and carry with them, as natural Incl
dent the power TO compel witnesses to tes-
tify,
Beyond these three cases, which stand on
the express words of the constitution there
are two other cases, gSasij judicial i'll character,
which, though not supported by any express
words of the constitution, have grown out of
necessity and reason, amounting to a positive
intendment Of the constitution, and have been
sanctioned by preoedents. l refer, first, to the
case Of aG inquiry into an alleged violation of
the privileges OF this body, as where a copy of
treaty vas turtively obtained and published;
and, secondly, to an inquiry into the conduct
OF servants of the Senate, like that now pro.
ceedlng with regard to the printer, on the
motion of the Senator from Neg York, Mr.
kng.l If | were asked to Indicate the prin-
ciple on which these two eases stood, | should
say it was that ust and universal right Of self
defence Inherent iR every parliamentary body as
in every court, and also III every individual
but which is limited closely by the simple ne.
cessities Of the case.
Such are the FIVE cases in which this extra
ordinary nGUpr has harntofnro nyar,,iSnd tho
first three standing ca the text ct the c0,,sti-
tuition, and the ether tive ou the right of self
defence necessarily inlereut in the Senate all
five sanctioned by the prccedcnts of this body
all five judicial ia character; all Eve judicial
also in purpose and inteNt; aud all FIVE agree
ing i'll the final particular, that they have no
Legislative purpose or intent Beyond these
cases there is no precedent for the exercise by
the Senate of the power iu question. And it
is now proposed to add a uew case, most clear
ly without any support in the right Of SELF
defeace inherent in the Senate, and without any
support in the precedents Of the Senate,
committee has Leeu appointed TO inquire
into the facts attending the late invasion and
seizure of the armory aud arsenal at Harpers
Ferry by band of armed men, and report
whether the same was attended by any aruted
resistance to the authorities aud public force of
the United States, and the murder of any cit
protect public property; whether such iuv&
sion was made under color of any organiEa-
ton intended TO subvert the government Of
any Of the states of the Union; the char
acter and extent of such organization; oohaker
any citizens Of Uc United States, not present,
sUere implicated therein or accessory thereto BY coa
tribatonS Of money, ammunition, or otberUiSe; the
character and extent of the military equip
ments i'll the hands or under the control of
Al.
same we're obtained and transported to the
place invaded; also, to report what legisla-
ton, if any, is necessary by the government
for the future preservation of the peace OF the
country, and the safety of public property
with power to send for persons and papers.
And this committee, after several weeks of
session, now invokes the power Of the Senate
to compel the witnesses to testify. The chair
man of the committee, the senator from Vir-
ginia, Mr.. Mason) who calls for the imprison-
ment of an American citizen, has shown no
authority for such an exercise of power in the
constitution, or in the admitted right of self
Defense or in the precedents of the Senate
He cannot show any such authority. 1t does
not exist.
Surely, where the constitution, and reason,
and precedent, all three are SILENT we might
well hesitate to exercise a power so transcend
ent. But l shall not stop here 60 further
and point out two specific defects in the reso-
luton of the Senate.
First. The inquiry which it institutes is
clearly judicial in character, without, how
rcever, having any judicial purpose, or looking
10 any judicial end. The committee is essen
tally tribunal, with power of denunciation,
but without power Of punishment; sitting with
closed doors, having the secresy of the inqui-
sition or the Star chamber, or, if you please,
the grand jury with power to investigate
facts involving the guilt of absent persons,
and to denounce fellow citizens as elons and
traitors. If such mower is lodged anywhere,
outside of the judicial tribunals, it must be in
the House of Representatives, as the grand
inquest of the nation with its power to i'm
peach all civil officers, from the president
down; but it cannot be in the Senate. Let
me cite an illustration. The constitution of
Maryland provides expressly that the house
of delegates may inquire, on the oath of wit
nesses into all complaints, grievances, and
ofienses, as the grand inquest Of the State !;
and may commit any person for any crime to
the public jail, there to remain until discharged
by due course of law. But / doubt if the
Senate Of that neighbor state could erect itself
into grand inquest
If the Senate OF the United States have pow
er to make the present inquiry, then on any
occasion of alleged crime, Of whatever nature,
whether of treason, or murder or riot, il may
rush TO the assistance of the grand jures of the
District, or, still further it may rush to the
assistance OF the grand juries of virginia i'm
short, 1t will be an Inquest of commanding
character, and with lar.reachinp all.neryodin1
process, supplementary and anciIlarv 10 the
local inquest; or rather, so transcendent in ts
powers, that by its side the local Inouest will
be dwarfed into insignifcance Surely This