New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-07
XXXVIrH CONGRESS.
SENATE. .WAsHrNoroN. Mareb 6 1884
FIRST SESSION.

from the President of the Constitutional Convention
Mr.. MASON Dem, Va stated that the Sergeant
atArms had arrested Tbaddeus Hyatt, and moved that
he be now brought before the bar of the Senate and
asked, FIRST what excuse be has to offer for refusing
to obey the summons of the Committee of the Senate;
and, second, whether he is ready TO answer and
that he be required to answer such questions may
be propounded by the COMMITTEE Ia writing and under
oath.
Mr.. Hyatt was brought in.
Mr.. HALE Rep, n. H. moved to amend the first
interrogation by substituting the word for ex-
onse. Mr.. Hale said he believed the Senate had no
night to send for this citizen, and believed he had q
valid reason for not coming.
Mr.. SALISBURY Dem, Dell said the questions
were in the usual form propounded III the Courts OF
law.
Mr.. HALE said that was the mistake to act as though
this was Court of plenaIy powers.
Mr. Hale's amendment was lost by Yeas ~, Nays ~.
Mr.. HALE moved in addition, that the Sergeant-at-
Arms allow him full opportunity to consult with
counsel.
MIR. MASON thought this was unnecessary. The
privilege would be allowed him.
Mr.. HALE withdrew his amendment.
The resolution was then adopted by Yeas AZ Nays 6.
The Nays were Messrs, Bingham, Durkee, Hale,
Sumner Wade, and Wilkinson.
On motion Of Mr.. MASON il was ordered that Mr..
Hyatt be remsnded into the custody Of the Sergeant
alarms, and be given until o'clock Friday next 10
answer the questions propounded.
Mr.. WILSON rep, Mass.) introduced resolution
instructing the Committee the Militia to consider
the expediency of transferring the control OF the In
dams from the Interior ~ the War Department
Various reports and bills of general interest were
introduced.
Tie Military Academy bill was taken up, and mo-
ton, its reference to the Committee on Military Affairs
was recoDsidered.
On motion of Mr.. BROWN Dem, Miss, the I'M
finished business of yesterday postponed and his
resolution relative to the Territories called up.
After the reading of the resolutions, MIR. BROWN
commenced as follows: / hold, fret, that slave is
property under the Constitution Of the United States
Secondly, that the owner has the right to take him
into the territory Of tho United States and
there hold him property, az the owner Of any other
species of property has to take his property to the ter
roiy. Thirdly if under the Conttt ton the owner has
right to take hs slave property to the territory then
he is entitled to or else the right to 20 there
would be null. insist that the power OF the Terrific
rial Legislature should afford him protection and this
foiliDg / insist it is the duty of Congress 10 give
this protection. But here comes the, rub; Is
SSn S,oece5 Sy aTe insist
that, if slaves are property under the Constitu
On then they entitled to the same protection as
any other kind of property The obligations imposed
by the Constitution are imposed upon Congress, and
Congress transfers these obligations to OF its
lures but cannot thus transfer discard the oblga
tons imposed by the Constitution If he was night,
therefore, in assuming that slaves are property then
he was right in the assumption that 1t shoud be pro-
teeed. He told the resolutions coudno be passed.
and that they could not command public approval
that they will not get the support OF Conservative
Democrats There was cay when he had respect
for the word conservative. but now Conservative had
gotten 10 be sort of political t0llgate keeper who
looks North and South, and very little whence
people come, so they paid the toll He thanked his
God he was not such Conservative, and thanked his
Maker that he was endowed with honest convictions
and sufficient courage TO express them IN the lace OF all
opposition lie had heard II sugge ted that eompro-
mise might be effected. If the South would only vote
for pro ection to Northern industry, then the North
would protect the slave property OF the South. This
was suggested in letter of Commodore Stockton of
jersey which he sent to the desk TO be read lie
could not agree to this Either they had right to the
protection of slave property else they had not. Ii
they had not the right the North should give them pro-
tecfiOn, and make no such demand or qualification.
he thought it was not quite modest fol- Pennsyl-
vania and New Jersey to ask that slave property
should be taxed for their benefit. the pro-
perty of the North was in danger from mobs
and ncendiaries he would willingly give 1t all the
protection the Government could afford. His property
was thus in danger. 1t had been driven out Of nearly
all the Territories except Mexico. But when he
came here and claimed protection, he was told he had
no right to ask it. He referred to the Argument that
remedy could be found in the common law, advo-
Gated by the Senator from Indiana (Mr. fltehl lie
said he had the greatest respect Tor his Trend from
Indiana and had great respect for him as physician,
but not 60 much as eXpounder OF the common law.
Doctors were very apt to make mistakes when they
undertook to eXpound the law. lie dld not thlhk
the common law gave him any protection Tor MS
slave property in the Territories. For instance,
if he had a slave in Kansas, and he should
be cecoyed away TO Illinois, what should he do
He supposed be should be told, if he could find the
identical property, he could bring writ OF repeyln
But the slave might be decoyed away the next day,
and so on II the slave could not be found them per-
haps be might bring an action against the man VINO
had him in his possession, and get Judgment for dam
ages. But what good would it do him If the man was
iEsolventl No. The common law gave no protection
to slave properly Nebraska has lately passed an ac!
absolutely eXI cling slave property from the territory
which was only saved from becoming law by the
Governors strenuous exerdon. Kansas has passed
such law over the Governors veto.
Mr.. Brown then argued the question of suitableness
of Slavery 10 Kansas. He claimed thai the climate,
coil and productions of Kansas fitted it for Slavery
Onefh of the Slave States were in the same latitude
He said his friend from Indiana would allow him pro-
lection if he could get verdict from the court In an
action at common law. Why even the Senator from
New-YoIk OR. Seward would hardly refuse that
This Government has not only denied Slavery proec-
ton in the Territories but everywhere else This, the
greatest cd interest of the country had never re-
ceiyed any protection whatever. Thousands Oh slaves
were carried 10 Canada by the Underground Railroad
Suppose they should take sheep and horses from the
Free States the Government would be appealed TO to
cease receiving the stolen goods OF the United States
But the property of the South was thus stolen 10 the
amount of millions. Yet no notice was taken OF IT,
If he had bis way the should not 20 down before
he would file notice with the British Minister that
unless Canada yielded up the stolen negroes, just as
She would be compelled 10 yield up the stolen horses
and sheen, this Government wOnld use all legal
means to force her to do co. and If that remedy was
NOT sufficient then this Government would declare war;
But his complaint was UNDECIDED, while the other
yyould be listened to- He told he was violating
the party doctrine of noninerventioD. That doctrine
was agreed to apply ing to particular case, ana nc
himself had never agreed 10 this doctrine
Mr. Brown then read extracts from former speeches
10 show that he had al ways held the same opinion on
this question. The Senator from Illinois Mr. Doug
as had brought in new version OF TINS 90 otrine'
Mr. Dous las had asserted that at the time OF the pas
aa,a ~ ne Kansas. Nebraska bill the Democracy were