Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1860-03-16
THE HYATT CASE.

THE HYATT CASE.
The Z. s. Senate have got an elephant on
their hands in the case Of Thaddeus Hyatt.
Mr.. HYATT had been ordered to appear as a
witness before Senator Mason's inquistorial
Committee on the Harper Ferry affair, and
had said that he did not admit the right Of
the Committee to demand his presence for the
purpose aforesaid he was willing to appear
for courtesy's sake, and tell them all he knew.
That was not enough. So the Committee re-
ported bin to the Senate as contumacious,
and the Senate sent the T. s. Marshall to
COMPEL his attendance. Mr.. Hyatt kept out
Of the way of the Marshall when he was at
home, but said he would be in Washington
on a set day and place himself at the disposal
Of the Marshall as he did. When brought
before the Senate on Friday last, he was
asked why he refused to obey the summons
of the Senate's Committee, and if he was
now ready to answer the questions TO be pro
pounded to him. To the first question he
put in a written reply-a formidable roll Of
Misunderstanding forth the grounds on
which he denied the authority of the SenaJe's
Committee, and of the Senate also, in the
premises. A long argument ensued-as to
whether it should be read-and after it was
read, as to what should be done with Mr.
Hyatt. He had given them a long argument
against the constitutional authority of the
Senate to haul him p and interrogate him
in that sort of way-making itself TO
be Court instead of a Legislative bOdy,-an
argument which evidently set some Of the
Senators to thinkingiwhether it was not posi-
bic that they were getting themselves into an
awkward scrape,-and they wanted time to
think the matter over a little.
But in the mean time what should be done
with Mr. Hyatt Itwould not quite do 10
inoaroeyate him, as a contumacious witness.
because he said he was willing Though for
courtesy's sake only to answer their ques-
tons; and it would not do to order him to
be discharged as non-contumacious, for then
the Senate would Look as if it had backed
down. What should be done with the ele-
plant was the question for the Senate to de-
eide. The best they could do was to leave
him in charge Of the Sergeant-at-Arms and
take till Monday for themselves to muse on
the subject.
The chief points in the answer Of Mr.. Hy-
att are the following
He has declined to testify solely becau.s he
denies the authority Of the Senate TO compel his
appearance, because he regards the resolution
usurpation Of power which, if the precedent be es
tablished, may become the engine Of frightfUl
tyranny.
He made numerous citations from cases in Parlia-
ment, Congress, and the Courts TO show that the
Senate committee have no right to drag man two
three thousand miles from his family to prose-
cute an investigation in which his testimony is
not really necessary for any purpose Of legisla-
ton.
The inquisition delegated to the committee, being
an inquiry as to who committed crimes, was jul
dicial one, and a usurpation Of the functions Of
the judiciary. The object of the inquisition being
unconstitutional, the Senate could have no power
to compel the attendance Of witnesses before the
commit
All the powers OF the Senate arc derived from the
Constitution, and not gained by long prescription,
like those of the Houses Of Parliament in Great
Britain. The power of committing witnesses for
contempt In OF this kind, Is given directly
by the Constitution or by necessary implication,
because legislation can be effected by il without
any such power. This is not a case in which the
Senate has judicial or quasi judicial power, in
which case authority to compel the attendance of
8 H.,
not be disputed. Since the. statute of 1857 has
made the refusal of a witness 20 appear before
an indictable offence, the Senate cannot
try any such witness for contempt because to try
him for a crime without jury is a violation Of
the Constitution.
II the Senate can thus usurp some Of the func-
tons of the judiciary what other functions Of the
judiciary may they y not assume? The liber-
lies Of the people are gone if the Senate by its
)wn power create secret inquisitorial tribu-
'unal and compel any witnesses they choose TO
Ippear before it. The power of punishment for
is always arbitrary and dangerous ,wheth-
r exercised by courts or legislative bodies. The
constitutions and the legislation of the United !
tates, and of the several States, have been con-
family aiming to limit and define it. 1t is dan |
erous because the party injured becomes the /
Judge in his own case both Of law and fac. 1t |
involves, therefore. violation Of one of the first
rlnciples of Justice, and is only to be sustained
y the EXTREMIST necessity.
The following are the concluding portions Of
Or. Hyatts answer
The undersigned having thus given his reasons
or not having appeared before the select commit
ee Of the honorable Senate, would respectfully
nswer the second interrogatory, Are you now
eady TO appear before said committee and answer
ueh proper question, as shall be put to you by
aid committee as follows The undersigned
as been always ready to voluntarily appear, at
ny time and at any place, and before any COM
nlttee OF the honorable Senate, and is ready,
pon his rights a man and citizea being re-
pected in accordance with the peoples bin of
lights in the constitution Of his country. He re-
ards himself as loyal citizen, true to the con-
titution, because true to the people. To submit
be coercive processes Of the Senates honorable
ommitttee, and thus doing to acknowledge the
over against whose usurpation Washington, JEFF
erson, Madison. and the trainers of the constitu-
ion warned and sought to shield their country
non, would be an act the part of the undersigned
or which he could find no justification before God
II men. He cannot do it. His conscience will
lot permit it.
On Monday, Mr.. Hyatt's case was again
brought up in the Senate, and after some
lebate, the Senate voted, by very large
majority, to have Mr.. Hyatt imprisoned till
le should signify his readiness to comply
With its demands. Probably a writ of
idbed' Corpus will bring him before judge
If the United States Court, where the power
# the Senate and the right of the citizen
will undergo a judicial examination.
Coon HAY.-One tun of good sweet, we'll
ured hay, is worth three tuns of musty stuff.
Many of our farmers lose a number Of young
attic every winter, simply from feeding
hem with musty hay and they do not APP
year to be aware of the fact At the present
moment, we have no doubt. there are thou