New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-02-23
Mr.. +. b. SANBORN'S PETITION TO TIL
SENATE.


SENATE.
To me President Of ete Senate Of The United States.
SIR: have the honor 10 submit TO you for the con-
sideration of the Senate, the following remonsrance
and petition:
To The HopOyo Sesats Of The United Sate' in Session
Washington:
The petition of F. B. Sanborn of Concord in the State
of Massachusetts, respectfully showeth that he was
summonedby Select Committee Of your honorable
body to appear before them the 9th day of Jan
uaJy last 10 testify in relation to the late
at HarpeTs Ferry, to which he, on the 2lst
day OF January made answer by letter, declining to
appear ard asking 20 be examined in Massachusetts;
that TO this leier the Honorable Chairman of your
Committee replied that the time of appearing might be
delay ed but that your petitioner must appear in Wash
Dgton and testify there that this reply received
by you petitioner on the LIST day of February instant
whO having in the intervening time recoDsidered his
decars'ioD was prepared to decline altogether the re-
CURED attendance, and Immediately wrote the follow
ing letter 10 that effect:
"FEBRUARY l, 1860.
" To the Hon. j. w. Mason SC.
4" Tie undersigned has received your letter OF the
9th in to bis petition Of the 2ist or January
last ard begs leave TO say that since the date Of
that petition, grave donbs have arisen in mind, and
have been increased by the opinions of others, more
Learn ed il the Law than himself 10 the power of the
honorable Senate TO summon and examine witnesses
jp such q natter as il now pending before your COM
mitee. II must therefore decline altogether Obeying
your summons, unless upon eompulslon, and Will throw
himself upon the Courts rather than the Legislature Of
bis couAtry for protection in those rights of citizen
which existed before your honorable body was esa u
lished and wbch he respectfully denies your right TO
subveit diminish. He would further Obi Get that the
form of yOur investigation, being secret and requiring
the pres, from remote places, for indefinite Pc
rcd of persons known TO you chiefly by vague report
or by The false or exaggerated ruDors OF hcentions
l Of
ftnded iustce in vopue here while these States
Colonies and the s more hateful powers and mys-
teIies Of the Star Chamber Courts of Charles L. both
of hcb our ancestors disavowed and the good
Of England has OveTthrOwD.
Ard further, that while be gives fall faith and
credit TO your that witnesses shall be pro-
tecPd, 90 far your power may reach, he ia too IA
nnjl'ar with q recent outrage the person of SEN
ator and the privileges of your honorable body com'
mited in May 1861 TO feel any confidence that tue
Senate will extend to injured witness ample
justice than TO q member of your own body and the
sacred deputy of a sovereign State.
#. b. SAME JBN.'
Seeng, however, that your Committee dsregarded
similar objections TO their Authority, made by witness
before them, your petitioner did not send the above
letter but chose to await the reference ohe matter to
Your honorable body Trusting TO you TO refuse yOur
sanction to the unconstitutional and oppressive action
of your Committee But now learning that an order
for his arrest has been passed without debate by the
Senate be desires to present his remOnstrance against
ITS eDforceme nt and be allowed TO show cause why
it ought to be recalled He would therefore object to
the action Of your Committee and Of the Senate, on
these grounds:
l. That the Senate when its Committee ap
pointed was not legally branch of the XXXVlth
Congress for the purposes of legislation, the other
branch necessary constute such Congress not yet
having been organized; in consequence of which only
Executive business c0nd properly come before your
honorable body, which the appointment OF this Com
mtee " as not.
III. That the Senate has no power under the Consti-
tuition 20 examine udically, for judicial purposes
nor power TO examine at AL under compuson, except
where the privileges of the Senate are cOncerned to
which this investigation in no manner refers.
III. That the secresy and my stery Of the examina
ton before your Committee contrary TO the spirit
if not TO the letter of our VS., and may easily be
abused for purposes Of injustice or oppression.
~ That to summon witnesses from remote parts Of
the country, for indefinite times, in period Of great
public evaporation, is Inconvenience and hardship
in way necessary TO the pablo safety, compen-
saed by the fees received, since it may Interrupt for
long time the regular occupations of industrious cti
zcns even, IN the case Of your petitioner
their private business altogether and that the same
power of summons, now honestly used, may be here
after perverted to the most unjust purposes of private
or Ubc luminosity.
V. That notwithstanding the protection offered by
your Committee under which, were their invest CATION
legal and necessary, he would cheerfuly incur the
risks Of insult and assassination threatened by resi-
dents or visitors in Washington to all persons hOldug
the opinions which your petitioner is kno to enter
tan. Notwithstanding this protection, yonr petitioner
cannot & ink himself bound 10 appear in a city where
citizens are arrested and assaulted for free speech
(which Your petitioner il in all places wont 10 use)
where members of the Federal Legislature, in either
branch are threatened and attack ed for words spoken
in debate and where the solemn celebrations of the
National Councils are interrupted by blows and the
unlawful use Of deadly weapons-events TOO well
known TO your honorable body and which testify 70
he world either the uDwilingDeas or the inability of
be Federal Government 10 protect Ils own members
nd the citizens residing under its peculiar jurisdcton
vi That the statute of 1857 compelling witnesses |
N CopprefsOpa investigation ~ testify to Their own
lsprace or ncupatioD is contrary to the principles o.
he common law and destroys one OF the chief safe |
usros Of an accused citizen while, the other hand,
be immunity promised by faid stanie, If IN any re
pect valid il an unconstitutional interference with |
no powers of the State and the Federal Judciarlee;
or both which the aforesaid statute IL uncon-
utuiODal and oppressive.
Your petitioner wO1d respectfully ask your carefui
dtenuon TO these ak points; all Of which he Is in
oImed have been presented in your honorable body
u IL the House Of Representatives by members Of the
ame, when, from time 10 time, the questions involved
ave been under discussion; and which ought not
bereiore 10 be fgbted the carping objections Of
aciiOus individual. lie believes them to be the we'll
onsdered opinions Of large number Of hi country
zen. Yet, if they peculiar 10 himself, he would
~. Al