New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-13

Who!e OF IT, The real answer CT Mr. hyall u tna' nc
ia ready and always was to answer voluntarily bus no
upon compuleon But you say you will not hear him vel
unfairly, but apply force to make him answer or ei'e
you VIII send him to the common jail he SAID there
was no precedent in the whole country for the imPr
oDmtnt of man 10y such a body as the Senate lor
longer term than the end of the sesson The Senator
from Maine Ike rsany oi5srs, isbors under the de,
zion that we inherit sll the powers Of the British
House Of Lords, at least IA many OF tnem rs aro
necessary. With al respect, bo asked II there was
deppotifm on earth which would define ils position
noie strictly. We have all the powers necei-
sary. and we are to iuoge of the necessity
II Ious Napoeo on had more than that be thought ne
would be wiling TO give il up. The House OF LORDS
had power to iGe, Isprson ana put 10 deain' loIay
we only iudeo il necessary 10 imprsoa man for LIE.
Our sucee Of tho Senate next year themselves De-
ing the udges may think il necessary TO put to death
This Senate not long ago adadge5 Il was necessary 10
punish man for libel, and actually iaprisoned MIN.
The SepgtoT from Maine says have certain powers
granted. Who is TO Judge pbe Senate, unless the
Supreme Court Sends them bred Scott oecision Inc
SeI ator says have certain powers granted, and We
TO judge of what is necessary to carry them out
Despotism would Ae the legitimate consequence oil
such doctrine He referred to tDe Constitution where
it e,ys "the powers not delegated to The United Stases
" By the Constitution, and not prohibited by it to the
" States are reserved" This he cla ned was concu-
sye that the Senate lad not the power in this case
lie said this individual stood here to vndicate the
birihYjgbt of an American citizen. The Seneie might
inprisOn him and make bis bolts fast, but the ballot
box would reverse their decision and pronounce sem
ence Of condemnation on them. They could not SAND
against the irrepressble logic that breathes IN every
freemsn's breast against this arbitrary exeTolFs oil
despotic power THIS individual ia entitled 10 all the
provisions Of the Constitution, among which IS one;
that the rights of the people in their person5 'nai
not be violated" Yes, the Senate has, without any
warrant taken a man from Massachusetts, not accused
of any crime and without form of trial. propose TO I'M
prison him. lie referred to the fact that they were
often obliged TO send from one State to another or
NJ
who had committed some crime, but they had
no power to send after and claim witnesses.
They were obliged to make the best bargain they
could to induce them TO come, but had no right 10 COM
pei them. This shows there s no such power here.
In reply to a question from Mr.. Dooitte, he said
il did not exit IT. the care OF Impeachment any more
than in tie case Of theft. In conclusion, he said: am
aware am wasting my breath; suppose you will
send this individual TO prison, but wish to wash my
bands of il and shoud fail in my duty IL did not
depounce ii as on act of despotism not called for by
the Constitution in the exigencies OF this case.
Mr.. CRITTENDEN 49, Am, KY claimed that the
Senate bad the authority 10 institute an inquiry and to
prosecute il by the ordinary process OF obsnrg tne
attendance of witnesses When the witness reinses TO
steId that IL contempt in the real Interpretation OF
the law The Senate decides to institute inquiry
and 10 call witnesses to obtain information, and cti-
zen of our common country refuses obedience to the
law on the GROUND that his conscience Will not permit
him 10 answer Can any gentleman justify that
science undertakes to set up the ground ofopposnonto
the laws of his country, and because that country,
through It's proper tribunal asserts its Just power we
hear of nothing bot eympathy for this offender who
refuses obedience on 10 better plea than that,
in his oDlicn, we have no such authority.
That is not the liberty of the American citizen. Obed
cree to the law is higher liberty than this wild sort
of liberty when every man takes on himself TO de-
eide according to Bis conscience, OF what ought the
citizen Of this country TO be most prond lie should
say sit is the law of my country, and nothing but
the law is to be obeyed therefore, bow to the law
Though my conscience and all my feelings are
" aQsinst it, still it is my duty as citizen" lie
thought there was no cause for the alarm OF the SEN
ator for New Hampshire and he thought this indivd
nal had particular claim to sympathy, except was
that sympathy for man who believed, against the
Judgment of the whole country, that his conscience
was right.
MIR. HALE asked what law had been violated.
Mr. CRITTENDEN thought the Senator from Maine
had made this perfectly PLAN. Certain powers were
given by the Constitution TO promote the puohc vel
iaIe but Tie mode OF using these powers Is iet TO
Congress These modes and regulations Will be found
in the Joint rules etc. The Constitution gives Con-
eress power pass all necessary laws TO carry out the
powers granted. lie did not think the cooperation Of
both branches necessary III CAGE IKE TINS Inc son
ate was not to ask tie other branch 10 concede by law
he power of making witness answer. THIS was a
power of its own. Each body has summoned WI
nesses This has been the practice; and OF course al
be rest follows. If the Senate has night 10 lnstl
ute inquiries, it has right to pursue them. Ii wit
uees refuses to answer III Court, he % caied on 70
excuse himself; and il ever heard OF that wit
nefs should undertake 90 back TO the original cause
of action and cay, "Ihs man has no right 10 sue ~
this case; he has no foundation for suit al an
In this case the witness has turned upon ia, ana IN
stead of answering for the apparent neglect oil the
summons lie had received he says, You nad no
Fright to make this inquiry, and yo1 had no rignt 70
Summon me-" and now IL is expected that we Woulu
make q soIt oi implied apology and direct him 10 De
discharged. 1 suppose it is possible man might De
70 bewildered by his conscience az 10 dsIegaie the
consututed authorities ana disobey the law OUT
this can be justified, any ohense that can De
committed might be lust fed the same ground.
IfIbe Senate has right to make this inquiry, then 1t
has right TO make the inquiry ehectual, ana must
have the means Of doing it in the slme way that the
movers of Congress enlarged by granting TO them
all the powers necessary 70 cary Ln.o that The
powers of Congress in this respect were not conihe
TO the District OF Columbia but TO all the States ana
that there was in this Infringement o. Stat9 rights;
Tbey were all bound by common law. and all should
submit to that law.
(Air SIMMONS REP, r. u replied, and submitted
ms a substitute for MIR. Masons resolutions, that Mr.
Hyatt be discharged from custody, aud placed on the
same footing with other witnesses VINO nave aireduy
pueared before that Committee and gwen testimony,
he having declared his Willingness to appear before
them voluntarily ~ ,
Mr. PEARCE Dem. Ind. sad that Mr.. IIyatts
offer TO appear voluntarily was coupled with an I'M
pcasible condition that the Senate shall recognize
his rights as a czen-that is they shall confess that
they had 10 authority to arrest him Now this power,
although not expressly conferred in the Constitution,
has been recognized by the statute law
Mr. DOOLI1TLE claimed that the Senate had the
mower under the Constitution Even the Senator from
Massachusetts, Lad admitted there were five cases
where they had the power. There was an instance oil
an attempt to uoveIt every department OF the Coy
ernment 1t was oct OF treason gotten up IN canada
with a provisional constitution. bic had had doubts
whether il was necessary for the purpose Of legislation
10 cali witnesses to take their testimony but after
thought and attention he was satisfied there were
cases where il necessary, AZ IN the
case of jraud in the Revenue laws, &c.
~ n 81 ecaasa1N In certan cases to call witnesses, y