Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1860-03-13
CONGRESS-.
[REroRrED FOR rHE ALEXANDRIA GAZETTE.
Senate, Monday, March 10.

da, for the benefit Of the Mobile and Ohio
railroad. Referred.
/ Mr. King Of New York, presented the
I petition Of merchants for u steamship line
/ from New York city to Cuba, via Charleston
| S. c., and Key West. Referred.
/ Mr.. Toombs of Ga, introduced n bill to
! increase the salaries of the United States
district Judge in Georgia. Referred.
/ Mr.. King, of New York, from a special
committee on printing, reported joint reso-
luton suspending the amendment to the
Post Office Appropriation bill, providing for
the printing Of the Post Office blanks; which
was passed.
/ Mr.. King stated that the amendment al
luded TO had failed to obtain the object for
which it was passed.
Mr.. Bright gave notice Of bill appropri-
ating 100000 to the Capitol extension.
! The Senate then resumed the considera-
| ton OF the case OF Thaddeus Hyatt, a recu-
! SAINT witness brought to the bar Of the Senate,
to answer q contempt of the Senate IN not
responding to the summons of the Senate
committee appointed to investigate the Har-
I per's Ferry invasion Of Virginia.
Mr.. Mason, of Va, withdrew the resou-
ton offered by him ON Friday last, and o.
/ iered instead, resolution reciting that
/ whereas Thaddeus Hyatt, in custody, had
| in contempt Of the Senate refused to appear
/ before one!ot its committees, and answer such
proper questions, as may be put TO him;
I therefore that the said Hyatt be committed
TO the common Jail OF the District Of Column
bia, there to remain until he shows will
! ingneSs to purge his contempt and make
answer and the Senate shall otherwise order.
1 Mr.. Sumner, of Mass, said that once,
when in the English House OF Commons the
speaker had risen to put TO the House the
| question upon the commitment OF recusant
I witness-stopped the question to say to the
House, that he thought it should well con
| slider, before it thus destroyed the liberty q
a subject. 1t was we'll the Senate should
take similar counsel. He denied that the
Senate possessed any power to make an in
QUESTION and forcibiy to compel the atten-
dance of witnesses in order TO lay the foun-
daton of Legislative action There were
but FIVE cases in which the attendance Of
witnesses could be compelled by the Senate.
1 | trial of impeachment, determining cleo
ton cases. 3 trying cases OF violation Of It's
I privilege, trying the conduct oi ITS ger
wants, the trial OF its own members Be
yond these, if such power adhered at all, II
adhered to the other House, the grand in
quest of the nation, and not to the Senate,
which was to try the charge founded on such
| inouest. He warned the Senate not to set
| this precedent against the liberty Of the elti-
zen.
Mr.. Fessenden, of Me-, declared that the
Senate possessed the power, from the necea-
sity of the case by virtue 81 tie general par
liamentary law which was 4 portion OF the
common law
Mr.. Hale, of n. II, said that the Senator
from Maine had set forth correctly the ground
on which the Senate must act II II acted at
ALL and that was we must abandon the
idea that We were living under a written
constitution The Senate proposed to IN
prison a man for life, upon q point Of Ell
quette. lie was willing to testify; but not
under force. And the Senate had no power
to forse him. The Senator from Maine had
given the Senate all the powers necessary %
carry into effect the granted powers, and
made the Senate the Judge Of those powers.
What could be more complete IN tyranny
than that? Yet he had one clause 81 the
constitution that would break the tyrants
plea, necessity. That clause was AL pow
ers not herein granted are reserved 70 the
States respectively or to the people.
lie told the Senate that in this conflict
they must be defeated. 1t was one Of those
cases in which zone man shall chase thou.
sand and two, prevail against ten thousand.
The ballot, the great haDeas corpus OF Tree
man will reverse your decision and pass SEN
tenca OF condemnation not on him but on
YOU lie denounced it as an act Of deSpot-
ism not called for, and unwarranted by the
circumstances of the case.
Mr.. Simmons, Of K. l., said that he thought
the Senate would best conserve its dignity
by respecting the oonsconces Of the citizens
of the Republic The Senate could not
Judge the conscience Of an Individual
Mr.. Crittenden, Of Ky, said it was cues
ton Of private conscience against pubic
Law. Which should yield? If the Senate
had a right to set on foot this inquiry, It had
a right TO make it effectual, and no private
conscience could be admitted againstlt. lie
did not think that his state-rights friends
carried their doctrines that far.
Mr.. Hale. 1t is dogma Of the states
right trictcoustruction school. | appeal y
the Senator from Mississippi, il it i not -?
Mr.. Davis, OF Miss 1t is not sir.
Mr.. Crittenden continued his argument,
and was replied TO by Mr. Summons VINO oHeG-
ed an amendment to the pending resolution.
The amendment recites that whereas
Thaddeus Hyatt has by his answer puTged
himself Of contempt, and expressed vii
lingness to answer such proper questions =
may be put to him BY the committee; there
fore that the said Hyatt be discharged from
custody.
Mr.. Pearce, of Md, said that the power
of Congress in respect to the imprisonment
of contumacious witnesses had been recog-
Missed by the statue law. This Law made
such refusal Of witnesses summoned by Con-
gress to testify, penal, aud punishable upon
Indictment and conviction ~ fine and I'm
prisonmeut.
Mr.. Doolittle, of Wis, said that he had 40
doubt of the power and duty q the Senate
to pass such a resolution rs that proposed by
Mr.. Mason. II had been reported II
speech of Gov. Wise that he had said ne
knew secrets in reference to this Harper
Ferry affair, that rubies could not win from
him. 1t might be important Tor the Senate
to know these things. If in this case the
Senate did not exert its power, II could 20
so in no future case, lie thought that tins
conspiracy organized in Canada against tho
peace of the United States should be siited
to tbs hottom.
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