, 1860-04-09

- "A DECISION WANTED.
It Is exceedingly fortunate, Ior the right fst-
tlement Of tic question Of law involved, that,
white the Republicans Of tho House have
oonsumacious witness under crrcst Tor re!us-
inc to answer tho questions Of committee,
the Democracy CT t:le Senate have man in
nrisoa 70, The game offence. It il now for tho
interest OF both parties that the legal merits
Of each case be carefully determined, not only
fos TIN release ot the gentlemen under duress,
hut for the sake Of esta ablishing precedent
which shall serve as rule in all subsequent
troubles Of the sort We confess that we |
know not where the right is. When Mr..
Hyatt 80 foolisll'y and causelessly thrust |
himself into difficulty By going into
the District Of Columbia, where there is
no law except that which Congress sanctions.
aud where tle Senate Committee had jurisdic- |
fion; if any where, aad BY telling the Commit.
til that he would answer il not considered
under obligation to do go, but that he would
no! answer If they asserted their authority to
compel him,-when, we cay, this farce Was
hsing suacltd, wo wore clear that the Com.
nitteo had the right which they exercised,
Aad re we're not ut a1l sorry to see the wit"
meas earn cheap martyrdom by being clapped
into Jill. But since the House Committee
hare b ea ,ntcrr eating Mr. Schell and Mt
tempting t. compel him TO produce papers
which fc says arc etri :tly private, and SINCE
the Ssuu:o caused the arrest Of Sanborn, o1
Massachusetts, the power Of Committees oi
either branch Of Congress- to put citizens un~
der dures.. to shut them mp in jail, Or to drag
them b. virtue Of Speakers warrant from
oze Sta.a TO anothcz, seems to be one that
mona bu: propsr;y constituted judicial tribunals
ought to te permitted TO exercise and they
only in compliance with the forms Of law.
We care milling as personal matter for
eth # case tha. hns arisen. We believe that
Hyatt knows nothing Of the John Brown
affair that 10 might not tell without harm to
himself or to any one else; and FIG believe
that S-hel1, no matter how severe the penalties
which may be imposed for his contumacy, will
be struck by Il converient fit Of 1orsetu'ness
as sooo rs question is asked him which LIE
Is afraid or ashamed to answer. So, whsteVer
may happen, neither committee will got nt the
facts which they desire. But it is important
for dei1ing the scope to which Congressional
Inquiry may extend, and for better guarding
the personal rights Of our citizens, that
nome rule should 10 established
which 60 future committees may violate.
What that ought to 10 wo are not prepared to
say. At first glance, it would seem that
committee Of inquiry without power to COM
pel the attendance Of witnesses, and the power
to punish con,umncy when those Witnesses
refuse 10 aEswor, would be useless, and that
crime would often 50 urpunished, and Justice
~ often be withheld. If That power were not
granted. On the other hand, it is clear that
committee. being always irresponsible for the
exercae Of lis functions, aud nearly always
under tho control Q: q partisan majority,
might, when any party exigency requirtd,
usurp tile Office Of the Star Chamber Court,
aud, chcu its members pleased, be the cause
OF VIM E and Injury, for which the citizen
would laro no Tedfess.
{ Tne discharge ct Mr. Sanborn from the
hands Of the United States Marshal, by virtue
Of writ II ha6cas corpus eped out Of one of
ths II sssacnusst's State courts, may put all
ths questions q, ifsue in the way Of safe and
equitable adjustment We do rot see that the
Dem 'craey huve aught to gain By an adher-
encs 10 tie position which Senator Mason has
as5ruej, l,ecauee, in that event. oce Of their
leaders, S:hr1l, would bc compelled to answer,
or coptsrt himself with sharing Mr.. Hyatt's
cell. Aid tne Republicans, if they insist upon
Mr. corode's Interpretation Of his authority,
must be wiling to see Hyatt keep Schel! con-
pRny until he is carried out in his cvffin. We
think it is fortunate that the two cases are CO.
incident Nsw, without reference to personal
orpr!s III questions which depend upon them,
Let Us urge tic necessity Of referring tho who;c
zuAtter IN each to SONS competent tribunal,
from whose decision no one will ask to appeal.
no " JUSTICE I. DEFE.TED.
The Telegraph ADVISED the country few
days since that Shepard, The 3 ston forker,
had been acquitted. Il turns out that the
eequ11tuI "os the sesu't o! direct aud positive
1nat'acton IRON 'hs judge, based upon a
Clerical error IN the Indictment OF the guilt
Of tho accused there Was not the shadow Of a
oouo1 Lie proof was clear and conclusive;
oat shepard s'sncd tue note Henry Taylor
co" Willie the indictment charged him with
Writing 1t "Aenry Taylor & Co." and on this
slmpls variance bis ocquittal was ordered by
ths Judse, and the Jury complied with the
order: IL is said 10 be customary in Boston fur
business firms 10 omit the '& in aiguing the
firm nanc, aEd The validity cf note or paper
would not he called in question BY any re-
apccta>le cou7l in Boston or elsewhere because
q sucn euisal'n. The placing OF 1t in the in
d1ctment wns clerical oversight in copying
but Which no moro allotted The merits Of the
case than tile OMISSION Of the character cou1c
Affect the validity 81 promissory no.o. The
signature OF tue ilrn Lad been forged to
MI VANF Tar