New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-13
XXX.VITH CONGRESS.
SENATE .WAsH1nGroK Marrh 10. 1850.
FIRST SESSION,


the coast of Long Islani and Eew-Jersey. Re-
ferred.
Mr.. KING rep, N. " presented the petition Of
the merchants of NewYoik, fayoring the establish
mcnt " "a steam mail line between Charleston aud
Havana, via Key West. M. King also introduced
Joint resolution, suspending the operation Of much
OF the recent Post Office Appropriation bill AZ relates
to the printing of Post Office blanks nnti the further
aciion OF Congress- He esd !. had received the unsui
nous consent of the Committee. was read three
times aud passed.
Mr.. BRIGHT Dem, Ind gave notice of bill
appropriatBg half million Goilars for the completion
OF the capitol extension.
Mr.. MASON Dem, VA moved that Mr.. Hyatt be
brought ia. Agreed to,
The resolutions offered Friday were read as fol.
lowe:
W1erea. Taaddeus Hya,, be. failed enthusiastically to
the questions propounde h by order Of & Senate and h9
purged himself OF the Contempt with which he stands
BE 4 Resortd the ,aid Thsddeua Hyatt be committed
by the to the eommon AL o, ne f hi
Will to answer Tie questions poppnnded 70 MN o. ne
questions may be propounded to him by SAID nnee
and and detention of thu said Thaddeu'
Rored That whenever the OFFICER having The sad Thadda.
and willing TO answer the proper and ess ina. may DC
popounded TO him by the said Committee shan be the duty
Of the Senste whose duty shah be to take
the said Hyatt Immediately before the Committee before which
in sustody subject the iurher order OF the Senate.
Mr. SUMNER rep, Macs III mentioned in
English parliamentary history, that a certain
sion when the House of Commons was about TO order
the commitment Of witness to the custody of the
Sergeantst-Arms the Speaker, before putting the
question: volunteered to say to the House that they
should pause before they undertook TO pass upon a
question SO material TO the liberty Of citizen. That
very question is before you, sir fon are To de-
eide on the liberty of citizen and shall put the ques
ton to the Chairman OF the COMMITTEE; IL Is an un.
pIecedented fact. When you commit the gentleman at
the bar 10 the Common Jail and If you establish in
this body such precedent, it will be sw ia other
cases. If it conceded that TO this body belonged
All The privileges of the House of Parliament, should
not say anything But it is Doteriously untrue that
we have such. The House of Parliament was with
out written constTaint constitution. Their
power was omnipoteDt that 1t was facetously
ssd they could DO every thing, but change man to
woman or q woman to "a No such large powers
are claimed by the Senate. All its powers specific
and it cannot in all possible cases. In summonDg
q witness 10 the bar, and calling on him TO testify I'M
der rains and penalties, if you have the power you
must find it in the Constitution net perhaps III the ex
press words, but in the intent and meaning There
are three where tho Senate has ths power Inc
first is in the trial of impeachmens; the second is in
the examination Of an election and in the qualifications
of It's members; the third in Judging Of tire conduct
of It's members and Furnishing them by expnl.
siop. Tnese three cases are judicial IN character
and also, let me add, judicial in purpose.
Beyond these cases which stand upon the express
words of the Constitution, there are two other cases
which do Ot stand In the express letter. but so clearly
within the intent OF the Constitution. First in case
of inquiry into alleged inracton Of its prsiieges
and second, case OF inquiry into the conduct OF
the servants Of the Senate, in the case OF its Prn
ter These stand that just and universal right OF
! sefdefense, inherent ID all parliamentary D0desi
ave- in every Individual. Such are the live cases IN
which this extraordinary power has been exercised
by the Senate the first three standing on the letter
| of the Constitution and the last two the great
right of seif-defense. All five sanctioned by
precedent, and all five are Judicial is their
| character, and also IN purpose ana intent tent
| Ii il now proposed TO add another, and lind The
mower which is now sought to enforce this has no
sanction in the letter of the Constitution, III the
right OF sefdefense, or IA any precedelt OF ts ooey
and the Senate may well pause before they take step
which may be fatal 70 the liberty OF citizen. Under
the resolution forming the Committee the witness has
been brought here aud the Chairman now calls on the
Senate 80 imprison an American citizen Without any
sanction of the Constitution precedent! don't stop
here bat point out in this resolution two capital de-
fscts First il is assumption OF Judicial power by
this body without any Judicial purpose or intent This
Committee Is in itself tribunal OF ttanscendent
mowers but without power OF punishment 1t sits In
secret ike the InqusoD, with power 10 den2unce be
fore the world fellow as ieons and traitors
If aDy such power exists urder the Constitution,
say boldly il belongs 10 the other branch OF Govern
ment who having power TO impeaeh may institute an
inquiry The Constitution of Maryland provides tina!
her delegates may inquire INTO complaints grievances
and offences as a grand inquest, and may commit any
pertOn for crime but doubt II the Senate OF that State
woud undertake 10 exercise so transcendent power
You TO inquire into an alleged crime, no matte:
when committed what It's nature, whether treason,
murder or riot. ! may be peculiarly sensitive, but
cannot forget as a citizen Of Massachusetts,, her own
bill of rights prepared by John Adams, which express.
ly announces that Judicial powers must be severed
from legislative, and the legislative powers kept sepa-
rate from the judicial that II may be government vi
laws and not of men. In the second place, have
broader ground Of obeetontha. 1t provides Tor the
examination Of witnesses, and now invokes the com
puIsory process, not in the performance OF the
judicial duties Of the Senate, but simply III
the performance Of its legislative duty.
Has the Senate any power over distant citizen winch
it has not over officer OF the Government here
And If il IL the habit OF treating these ocers WIN
consideration and respect do not the reason why
a citizen guilty Of offence should be treated ddier-
emily Think he should be allowed TO communicate
what he may know in such way as shall be most IN
harmony with his feelings and IN which the rights OF
ALI citizens may be protected. AT all events II the
Senate disposed " exercise any such power should
not be by virtue of simple resolution, but IN Purs-
ance of a general law which shall have passed Doth
Houses and received the approval Oh the PRESIDENT
submit ta the Senate will not hastily undertake TO eX-
ercise power which is not sanctioned by the Consl-
tuition or by reason and which Il obnoxious 10 just
criticism, and ia itself, so vast III us consequences
| IL you send this gentleman TO prltOn y0u esttosh
nreceGent for all cares GREATER and declare that the
Senate in the exercise OF legislative, not udiclai du-
ties may drag any citizen IRON the most distant part
of the Republic, and compel him 10 testify involving
fLe Qut Of absent persons and 1t may be- oil himself
Yon viii ken youfteiyes TO the Jesuits in the moment
Of their most hateful supremacy, when was SAID they
| wore n sword whose handle was at Rome bnt whose
point was in the most distant part of the GLOBE You
viii take in your hand sword hereafter to be clutched
Inv any paran majority whose handle will be IN this
chamber but whose point will be III the most distant
part Of the Republic, Whatever DO my course, feel
cannot 90 wrong when lean to the side o. Liberty.
| But suppose You feel you have TINS power,
II NAV be well 20 have the STRENGTH OF giant but 1t is
tyranny 10 use It ike giant For myself, confess