The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-10

alignment three -four hours dsputng the authority Of
that court 10 send this process The statement O.
any matter OF fact going to excuse the witness is all tina
want.
Mr.. DAVIS. (dem.) Of Nashville concur in nearly
there is difficulty in carrying out his suggestion IL
leaves the witness In the custody OF the Sergeant at Arms
while, he Gays that he Is willing TO answer thh IL
right that he should be discharged.
Mr. Masonic tie Senator viii read the answer to the
second question, he will find that the witness does not
propose to answer.
Mr. TguMnuu-Isee no great hardshipi II. think wit
ness who outs that will take hour two to
read has right 10 complain il he is put in custody while
Mr. KING, (rep) of N. T., thought there was something
ct principle involved the question whether the tness
read and that would be the easiest and shortest mode Of
enabling the Senate to understand the whole II ii
referred to committee must come back to the Senate
ard tie question win then be precisely the The
Senate must h.ar the paper In order TO pronounce Its
jucentDt upon IT,
Mr. FyssrNprx ep) Of Me ,entsred bis protest to the
eoctI'Le the Senator from Illinois had laid down. This
brought before the Senate TO for contempt
snd The idea 10 advanced that II Is greater contempt for
Lin 10 undertake TO defend himself The witness has
10 So~ Hmm
court vas cnnemptto plead to the justification, and
he hao yetto learn that any court go considered it, Why
sbord the document, be referred 10 the commiee9 The
ee ret The judge. They reported the fact To tho
Srsc, that this had not cbeycd their summons and
the seIae ordered him to be brought not before the
word o the answer has been and laid upon our
tables, ia Tot known that ell OF us have read It,
Mr.. MAscN-I never cav u.
Mr. FsssEApKs-I lave seen Il and read IT, but from tho
nature OF the case vas obliged to read II hastily. We
ard ibr.r liberty is not to be triied with.
Mr. MASON hcled the proposition 10 refer the document
10 The 'sscc would be withdrawn and let be read
Mr. TRrsBriL withdrew the motion, but Mr.. BENJAMIN,
Gem OF La renewed il.
Dir. F.sITR. (rep OF Conn, inquired IL was not the
paper was ntrodnced and be wa. asked TO vote upon
II, 10 demsId thai should be read for Information
The vitE FRxsIDkAT replied that Senator had Alright
10 demand tho reading OF certain kinds Of documents but
ID tie present he would submit the question 70 the
Senate II the reading was demanded.
Mr.. FoslER-I ak that II be read.
The yicr fRSsipNT-1be question Shall the paper be
Er Fvsng- On that question I ask the ayes and
nsse
TIE yeas and rays were ordered.
NJ HAT-l was going to suggest, may It please your
Las been 70 much said about this being court tina.
The vicr PRsrpnr-Under the rule Of the Senate the
Que siicn nust be put without debate.
The reading was ordered by the following vote
p ,.,s-Mss. Anifssny giseT Busha% Bra.g, Tsga
ewD B.nin Isrsn jcSpscn Of f:nnes.es nsdy. King
Ten Toomb' Wade
Nsrs.-Sessa Bepjamip. Clay Davis Fitch, Fitzpatrick,
T,upspa, neuphn, IveisOn Lane, Mallory. sauisbury,
The SECRETARY then read the remainder
The answer Of MIR. HyAtts counsel commences as fol
Our client brought before your honorable Senate for
en- alleged contempt In refusng TO appear witness
iorc the committee Of the Senate, appointed by resolu-
contumacous witness In the usual sense Of those words
Our Client declares that he has NO Information In regard
be desires 70 conceal He has declined to testify
solely because be denies the authority Of the Senate
TO- to compel ,a bs appearance, because be regard.
tho precedent be estab khed, may become the
ereine Of thul tyranny. seeing clearly what appears
unconstitutional exercise Of authority erefuses to be-
witness, not much to protect himself q to
fend the rights and liberties Of he whole people Of The
United States which client teels assaled his
person.
Then follow numerous citations from cases in Para.
ment Congress, and the Courts 10 show that the Senate
muittce have right TO drug or three thou
sand miles from his family 10 prosecute investigation
Of eeisatcn The folio spitnai,ou embraces tfe
points Of chief nteresThe nqusiop delegated to the
committee, being an inquiry a. to who committed crimes
Of re Judiciary The object Of the inquisition being un
CONSTITUTIONAL the Senate could have no power 70 compel
the ste pdance Of Witnesses before the committee The
investigation being made with view TO Legislation can
not give til Senate authority 10 make judicial acquisition
Us TO The authors Of specific crmsf, wonld net other
wire have pcestsfed such authority Even had the in
quaicn heon cor stitutonal, STILL being for legislative
)rrses the Senate could not the dance OF
wirttsts. All tho powers Of the Senate arc derived
fem The constitution and net gained by long presrip
tion. kc thcse Of tho houses Of Parliament in Great
Britain. The power Of committing Witnesses for con-
tempt IN cases offhis Sind not given directly by tho
constitution, by Necessary implication because egsla
ton can be eGecd by IL without any such power This
in which tho has judicial or uuasi ia
dcal power in which authority compel the at.
rfarce Of witnt5ca necessary incident Of the power
Ited not be disputed Since the statute of 1857 has made
IL refusal Of winese 10 appear before committee an
r6;ctsbe cebce tho Senate cannot try any such witness
!or cont mpt because to try him for crime without
jury Is violation Of the constitution. We deny, then the
powi tie Senate Commits. 10 act rqusors in gard
crimes We derry their right TO drag our client from his
leme IN New fo.k 10 !ssiy before th.m II the Senate
what other fur cons q the judiciary the executive may
they not stsum,: Tie liberties Of the people are gone
Quis;ca tribunal and compel any Witnesses they please
10 arLear bt!oIe it, The power OF punishment FOR
e,sea By courts or legislative bodice Inc consuou.
ard the legislation Of the United StAes and OF the
raj States have been constantly aiming to INIT and de.
cones ihe Judge in his own case both Of law ana fact
involves, therefore, violation Of Of the FIRST prn
srmsss nseasy We believe hat The House and
SCI ate haveecom bseD csled 10 act In Of alleged
contempt in which the power has rot been seriously, and
IT, which, from iusl Of its arbitrary character,
hey have nct aimed 10 make the punshmenthght rather
than In The case for ipsancc OF John Anderson
the rsprmands OF The Speaker Of the House appears small
run.sknens compared with the gravity Of the charges
nsarst HIN. In conclusion, MIR. President would say
that our Client in teDyIg the authority Of the Senate TO
ssnse q duly We bsvs srea, confidence tha he Senate
been guilty Of 60 contempt and that they cannot sen
npcc him except by the exercise OF an arbitrary
power utterly subversive Of the constitution The
by pocss,pg their assertion Of privileges 30 that they
he not 10 invade The Tehs and liberties Of the
people The party who have the honor TO answer he.
c,e Iris hcIorabc Senate sceks TO forget himself in The
Repatriation Q: carsc involving private rights and
public liberty The splendid structure Of The common
law, The vest body Of principals maxims ana rules
which usraie the scicnce of Jurisprudence are NOT he
work Ct hecIhs or schoasts. they comprise ne prac-
teal t'eccvers and eDuucatons or judges and uros
actual assertions before them OF individual rehle md
rot unfrequsnt ~ ne humeleas citzens or subjects,
the souicc and extent Of their oWn tursd,cio1 and
POWERS Tho respect and confidence due 70 he
August assembly before whom be stands forbid the weak
Less Of apology he y citizen of country common TO
tee Senator'S themselves. In the attitude he has taken he
stIvpg 2 cauec common 70 them Al. In allowing
certain great quesons Of universal interest and concern
perton, be feels that be hna only perfnrpned di so