New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-02-24

delayed, Dut tDat your pe'isobef mun' aPPos a." w
son and testify there that this reply was received
by your petitioner the LIST day of February instant,
W no, having in the intervening time reconsidered ms
declaration, was prepared to decline altogether the re-
quired attendance, and immediately wrote the follow
ing letter 10 that effect; .o
"FEBRUARY !, 1860.
" To ne Hen. J. M Ha,or, Sc; 80,
g. Tie undersigned has received your letter oil the
9th in anewer to bis petition Of the 2sf OF January
last beps leave to say that snce the hale o,
that ,eitop grave doubts have arisen in his mind and
have been increased by the opinions of others, more
lean ed D the law than himself IA to the power OF Inc
honorable Senate TO summon and examine witnesses
in such after az u now rencipg before your com
mittee He must the ~ fore decline altogether obeyng
your supmonp pnless upon compulson and will throw
himself upon the Courts rather than the Legislature OF
bis country for protection in those rights of citzen
hch existed before your honors BILE body was esan
Esbed and which he respect uv denies yonr night 70
,ubyeit or diminish He would further objs that the
form Of your investeaioD being secret and requiring
the lres nee from remote places for an indefinite Pc
ROO Of persons known 20 you chiefly by vague report
or by the false or exaggerated rumors OF hcenuous
pIets recalls to bis memory the odions forms Of pre-
ended ipstice in vogue here while these States were
ColoneS and the siill hateful powers and mys-
ttries Of the Star Chamber Courts OF Charles L. both
Of which ancestors dtavo@ed, and the good tehSe
Of Ia gland has overthrow.
ere dit to your assurance that witnesses shall DO pro-
tected 70 far your power may reach, ne u to ia
miliar with recent outrage on the rerson OF osn
ator end the privileges OF your honorable Oody' coh
mit,ed in Nav 1856 to feel any confidence that the
Senate will extend to an injured witness more ANGIE
instice Than 10 member of your own BODY, ana the
sacred deputy Of a sovereign State
"very respectfully FoqBE B. G SANE ;fT 5RS.n
Seeing, however, that your Committee dsreearded
similar obectit Ms to their Authority made by wineSs
before them, your petitioner did not send the above
letter but chose to await the reference othe matter to
yonr honorable body trusting to you to refuse your
sanction to the unconstitutional and oppressive action
of xonr Com mittse But now learning that an order
for his arrest has been passed without debate by the
Senate he desires 10 present his remembrance against
s enforcement and 10 be allowed to show cause why
Il oueht 10 be recalled. He would therefore object to
the action of your Committee, and Of the Senate, on
these grounds:
I. That the Senate, when its Committee was APP
pointed, wss not legelly branch Of the AAAVlth
CopprtIs for the purposes OF legloaVon inc otuei
branch necessary constitute such Congress not yet
baving.bten Organized; in corsequtnce of which only
Executive business could properly come before your
honorable body which the appointment OF this Com
mittee u as not , a..
H. That the Senate has no power under the Consti-
tuition TO examine judciay, or for judicial purposes;
nor pow or to examine all under compulsion except
where the privileges of the Senate are concerned to
which this iDvs sbgation in no manner refers.
III. That the secIesy and mystery OF the examine
tcn before yoar Committee contrary to the spit
il not 10 the letter of our laws, and may eaay be
abnsed for purposes of injustice or oppression. .
~. That TO summon witnesses from remote parts OF
the country for indefinite times III period OF great
public evaporation, is an inconvenience and hardship
in 10 way necessary to the pablc safety compen-
fated BY the eee received, since il may Interrupt for
long time the regular occupations of industrious elti-
7ens, even, as in the Gaze OF your petitioner run
a.. luein aolf
power of summoos, now honestly used, may be here
after reIvered to the most unjust purposes OF private
or public animosity. >,
V. That. notwithstanding the protection offered by
your Committee under which were their investigation
legal and necessary, he would checrfuly incur the
risks of insult and assassination threatened by ret-
dents visitors in Washington to all persons holding
the opinions which your petitioner is kno wn TO enter
tain. Notwithstanding this protection your petitioner
cannot think himself bound TO appear in city where
citizens arrested and assaulted for Tree speech
(which your petitioner il in all places wont TO use;
where members of the Federal Legislature, In either
bar threatened and attack ed for words spoken
in debate and where the solemn celebrations OF the
National Cour ellis are interrupted by blows and the
unlawful use OF deadly weapons--events too well
known 10 your honor able body, and which testify 10
the world either the unwillingness or the inability OF
the Federal Government to protect its own members
and the citizens residing under its peculiar jurisdicon
VI That the statute of 1857, compelling witnesses
on CopgressioIal investigation 10 testify to their own
disgrace or ncupatioD is contrary to the principles OF
the con law destroys one OF the chief saie'
GUARDS Of An accused citizen while the other hand,
the immunity promised by raid statute, II IN any re-
spect valid, is an unconstitutional interference with
the powers Of the State and the Federal Jodicl4res;
for both which the aforesaid statute uneon-
stitutional and oppressive.
Your petitioner would respectfully ask your careful
attention to these ak points; all of which he is IL
formed have been presented in your honorable body,
or in the House of Representatives by members of the
hon from, time IN mi he
have been under discussion; and which ought I o.
therefore to be ,lghted the carping objections Of
facous individual. He believes them 10 be the we'll
considered opinions of large number Of hiI country
men. Yet if they were peculiar to himself, he would
urge them with the same ea,nestness since the protec-
ton Of individual freedom is the highest objest Of
free Government.
Furh rwore be would beg leave to cay that to him,
much considering the present ate Of plbc affairs and
the tone Of public sentiment, there appear many and
dangerous indications of great change and perveron
of the form of oui Government since he the States
encroaching on the powers Of the Federal Government,
in one direction, and the Federal Government
croaebDg on the States in another; while the Execu-
tive claims power not granted by the Constitution the
judiciary nvades The province of the Legislature and
the Legislature has assumed Judicial authonty--a
mlxlnfe oI powers chie'uIy euaIueu ae"is' W ou
Constitution, and always hur'ful to fTeadom and Jus
tee. Beside which, he notices in the National Leeis-
lature Alarming TOKENS of still greater change, when
sworn officers Of the Government declare their purpose
to deercy the came, in contingency not unlikely to
occur, and talk opeHly Of standing armies and martial
law as proper TO upeIs the peaceful supremacy of
the civil power; when a member Of your honorable
body hae, in debate spoken with contempt Of trial by
Jury the Oldest and dearest right Of countrymen
nh anotbar uerber hos nronbeced and seemed To