Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1860-02-02

ContumaciouS Cr1mfnaiS' n huotVy Naso
We see i, stated in the newspapers that Mr..
Thaadeus HYATT, the President oil the National
Kansas Aid Committee. agrees to obey but in part
tho summons Of the Senate Investigating 'om-
mit,ee upon the Harper's Ferry affair. lie VIII
attend upon the Committee. but refuses Ia give
nny evidence denying the right oil Congress or
any Legislative body to exercise powers partly )a
a;cal ",hat are neither incident to the govern
men, nor conferred by any express provision" Of the
Constitution" In this position he protesscs to be
sustained by the best legal advice in Massacbu.
,.,ts nm New York. Mr. James Redpath, author
of the life Of old Brown, likewise refuses to give
evidence, or even to honor the summons Of the
Committee. Whilst sincerely DESTROYS that these
cupri,s and conspirators against the peace of the
country may be brought to Justice and to this
end, that the Investigations Of the Committee may
clei, facts upon which the courts can sustain an
notion. We have been at a loss IL find any warrant
in the Constitution for the powers claimed by tho
Senate Committee.
It's ve-, certain that Congress possesses no Ju-
icial powers, though the power is conferred upon
the Senate to try iopeachments when sitting for
that purpose" but its action is limited to high
public fupctionaries; guilty Of real or alleged NAL
feasance 10 ofice. Power is also conferred by the
Constitution upon Congress. to constitute trlbu-
mails inferior to the Snprcme Court" which ex-
prcssly declares that 1.-The judicial power Of the
United States, shall be vested in Supreme
Court, and in such inferior Courts as the Con-
Cress NAV from time to time ordain and estab
lish," but it was certainly not contemplated by
the trainers ii the Constitution that Congress
should have power to resolve either Of its own
branches into Court Of inquiry or Of final adju-
dication.
As if to prevent any misapprehension upon
this subject The Trainers Of The Constitution, in
the next succeeding section TO the one we have
quoted, define the particular jccts over which
the United States Judiciary have power. Section
Il e first, Of article third, declares The judicial
power shall, extend to all cases in law aud equity,
arising under this Constitution, the laws u tho
United States, aud treaties made, under their au-
ihariy to all cases affecting ambassadors, other
pabi,c Ministers aal consul, to all cases OF ad-
mirally and maratme jurisdiction to controyer-
sics - winch the lnitcd STATES shall be party
TO controversies between two or more States -
between STATE and citizens fdhotaer Shitc, DE"
|: is also provided in certain cases. where "a
State shall he parry 1.-The Supreme Court
shall have orr .inai jurisdiction = npthwths,and-
ing, IA trial by jury is guaranteed 10 every person
Iut upon trial fr an alleged crime and such
trial shall be held in thr state where the said
crime ,ial have been committed"
II it be argued hat in this ease, between tho
State Of \,r.,oia and me citizens Of another State
the Snnate does not propose Ia pat parties upon
their trial. 1t is very obvious that the Senate Com
mittee Is sitting as n court OF inquiry preliminary
thereto. 1t is certainly the ohie', Of the commit
tee to ascertain how far parties implicated in the
Brown foray are compromised by the law, aud to
have them dealt with accordingly. If this he not
their object. then. we cannn, mprehcnd what is.
Ia any reasonable view Of the case it seems to
US that the Senate has usurfrd powers not grant
ed to it, and has no authority to enforce its de-
mands upon the parties cited to appear before it's
cumm'tce.
IL would doubtless have been better hid differ
ent proceedings been instituted. aud the parties -
Of whose guilt We have no questio"-bccn brought
in some way before the United States Courts. As
the stands we fear TIM, very little will
be accomplished, and that many Of the aecompli-
oi old Brown will eude justice.