Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1860-07-07
Obe Antt 9laperp Buole.
SPEECH OF SENATOR SUMNER,


deus Hyatt, in tie U. S. Senate, June Is.
Mr. President welcome with pleasure the
proposition for the discharge of Mr., Hyatt from
his long incarceration in the filthy Jail where he
has been detained by the order of the Senate
But am unwilling that this act of justice should
be done TO much injured citizen, without for
one moment exposing the injustice which he has
received at your hands.
The case, it seems to me, can be made as plain
as diagram.
We must not forget fundamental difference be-
tween the powers of the House of Representa-
tyes and the powers of the Senate. 1t is from the
former that the Senator from Virginia has drawn
his 2recedents, and here is his mistake.
To the House Of Representatives given in.
quisitoriaI powers expressly by the Constitution,
while no such powers are given to the Senate.
This is expressed in the words The House of
Representative shall have the sole power of i'm
peachment.' Here, then, obviously, is something
delegated to the House, and not delegated to the
Senate-namely, those inquiries which in their
nature preliminary to peachment-w hch
may or may not end in fmpeac hment ; and since,
by the Constitution, every civil officer of the
General Government may be impeached the inquis
itOriat powers of the House may be directed
against every civil officer from the President
down to the lowest the list,
This is an extensive power, but it is confined
solely to the House. Strictly speaking, the Sen
ate has no general inqlisitoriaI powers. 1t has
judicial poacerS in three cases under the Constitu-
tion =
l, To try impeachments.
2. To Judge the elections, returns and duaifca-
tions of its members
3. To punish its members for dsorderly beha-
vior, and with the concurrence of two-thirds, ex
pei member.
In the execution Of these powers, the Senate has
the attributes of court, and, according to the ei-
tablished precedents, it may summon Witnesses
and compel their testimony although it may well
be doubted if law be not necessary, even to the
execution of this power.
. Besides these three cases, expressly named in
the Constitution, there two others, where it
has already undertaken to exercise yudicdl po,oerS
not by virtue of express words; but in self de-
fence,
l. With regard to the conduct ofit5 servants as
Of it's printer.
9. When its privileges have been violated, as in
the case of William Duane, by libel, or in the
ty while still under the seal OF secrecy.
1t will be observed that these two classeb Of cas-
es are not sustained by the text of the Constitution
but if sustained at ALL it must be by that princi-
pie of universal Jurisprudence, and also Of natua
law, which gives to everybody, whether natural
or artificial, the right to protect its own existence
in other words, the great right Of self defence
And submit that no principle lees solid could
sustain this exercise of power. 1t is not enough
to say that such power would be conUeHtcn., high
ly convenient, or important. must be absolute
ly essential to the self preservation of the body and
even then, in the absence of any law, it may be
open to the gtavet doubts.
'Doubtless;' Gays Blackstone, all arbitrary meas
ures, we'll executed, are the most conrenient (Com-
montures; vol. a, p. 35O.l But mere conuenie'ace
is not proper reason, under a fee government
for the assum ption of powers not granted and
this is especially the where the powers are ar
bitrary and despotic, and touch the liberty of the
citizen.
Now, Il the present inquiry were in the House
of Representatives, and were directed against the
President or the Secretary of War, on the ground
of negligence or malfeasance at an important mo-
ment, it would be clearly within the jurisdiction
of that body. which has the sole power Of impeach
ment but it would not come within the jurisdc.
tion Of the Senate until it became the duty Of the
latter body to try the Impeachment Instituted by
the House.
sii But the present inquiry 10 neither preliminary
to an impeachment nor on the trial of On I'm peach
ment. 1t hat no such element to sustain it, 1t is
precisely the same as If an inquiry should be in
stituted into the murder of DR.. Burdell in New
York-or into the burning of slaves in Alabama
--or into the banks of New York-or into the
conduct of the Supreme Court of Wisconsin, in al;
legged distractions Of the Fugitive Slave Bill-with
regard to all which the Senate has no judicial
powers. And yet; it has judicial powers in all
these cases. precisely to the same extent that it
has in the case of ohm Brown and Harper's
Ferry.
know it is said that this power is necessary
in aid Of legislation. deny the necessity. Con-
Uenient, at times, it may be, but necessary never
a We do not drag the members of the Cabinet or
the President to testify before committee, In aid
V legislation but say, without hesitation, they
can claim no immunity which does not belong
equally to the humblest citizen. Mr.. Hyatt and
Mr.. Sanborn have rights as ample as if they were
office holders, Such power as this, which, with
out the sanction Of law, and merely at the will ofl
a partzan majority may be employed to ransack
the most distant States, and to drag citizens before
the Senate all the way from Wisconsin or from
South Carolna--may be convenient and to GER
tain persons may seem to be necessary. An alleg-
cd necessity has, throughout all time, been the
apology for wrong
.ud SO spabs the fend, aud with necessity,
90 Thetyraprs plea, excused his devilish deeds
ba Such, according to Milton, was the practice
among the fallen angels.
Let me be understood as admitting the power of
the Senate, whore 1t lie essential to its own proec