New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-06-16


~ named In the Constitution, there are two others
where il has already undertaken 10 exercise judicial
powers, but in self-defeDse. First, with REGARD
10 the conduc, Of its servants as Of its Printer
Secondly, where its privileges have been violated
az in the case Of William Duane, by hbei or IN .no
case Of Nugent of stealing, and divulging trya'y
which stu was under the seal of secrecy. ~ WIN DO
observed that these two classes OF cases arc oe ss
tained by the text of the Constitution. Ii they are
sustained at ALL il must be by that principle o. pnyer
sal jurisprudence and also OF natural Jaw, wneh gives
10 every body whether naturally or arlhcially, the
riobf tc nroiect ;ts own exsencen other words the
great right Of sedeieRse And submit that no prin-
eple lees cold could sustain this exercise OF power 1t
is not enough to say t at such power would be con-
absolutely essential to the seproecton of the body
and even then, in the absence of any law may be
open to the greatest doubt Doubtless, says Black
stone ali arbitrary measures, well executed, the
(" most convenient" But mere convenience is not a
proper reason, under a free Government for the
sumption OF powers not granted and this is especially
the case where the powers are arbitrary, and des-
poc, and touch the liberty of the citizen. Now il the
present inquiry in the House of Representatives
and directed against the President Secretary War;
on the ground of negligence maieasance, at an I'M
portan moment, IL would be clearly within the juris-
dieon of that body which has the sole power Of inn
parchment. But il would not come within the jurfs-
dicton of the Senate until it becomes the duty Of this
latter body to Try the impeachment institute by the
House. But the present inquiry is neither prehni
nary 10 impeachment, nor on the trial OF an I'M
peachment. 1t has no such element TO sustain It, IL
Is precisely the same if an inquiry should be ns-
sufed into the murder of Dr. Burdell, in New-fork,
or into the burning of slaves in Alabama, or into the
banks of New-York or Into the conduct of the Su-
creme Court of Wisconsin, in alleged obstruction of
the Fugitive Slave BILL with regard to all which the
Senate has judicial power and yet 1t has judicial
powers in all these cases precisely to the same eX
tent that il has in the of John Brown at Harpers
Ferry know it is said that this power Is necessary
in aid of legislation" deny the necessity. Con-
yenien at times it may be- but neeessary-necer: We
do not drag the members of the Cabinet, the Pres
dent to testify before Committee in aid Of iegsla
ton" But say, without hesitation, they can claim
no immunity which does not belong equally to the
bumblest citizen. Mr.. Hyatt and Mr.. Sanborn have
rights as ample as if they ofhcehodcrs. Such
power az this which, without the sanction Of law and
merely at the will of partisan majority, may be en-
ployedto ransack the most distant States and drag c
zens before the Senate all the way from Wisconsin or
South Carolina, may be convenient and to certain per-
has, throughout all time, been the apology for wrong
So spoke the fend, and with necessity the
tyrant pleads an excuse for nis deviish deeds.
among the fallen angels Let me be understood
as admitting the power of the Senate, where it
liz essential to its own protection, or the pro-
lection Of it's privileges, but not where 1t s required
merely in aid of legislation The difference is world
wide between what is received and what is required
merely for aid and here part company with the Sena
tors with whom am proud on other matters TO act
They hold that this great power may be exercised not
merely for the projection OF the Senate but also for
It's " aid, in framing bill, or In maturing any piece
of legislation. To aid a Committee Of this body
merely in legislative purpose, citizen guilty OF
no crime charged with offence, presumed 10 be in
nocent, honored and beloved in his neighbour
hood, may ,be seized, handcufed, kidnapped and
dragged away from his home, hurried aerose
State lines, brought here as a criminal, and then,
thrust into Jail. The mere statement OF the case
shows the dangerous absurdity of such claim.
" Nephew" said Algernon Sidney in prison, on the
night before his execution, 81 value not my own life
:" chip, but what concerns is, that the law, which
takes away my life, may hang every one of you
whenever IT is thought convenient" 1t was dan
gerous Z" law that aroused the indignation OF the
English patriot; but in the present case there Is not
even aw-nothing but an order made by fractional
part of the Congress- There are Senators here who
pretend TO find in the Constitution the right TO carry
slaves into the National Territories That such Sem
ators should also find in the same Constitution the
right 10 make slave of Mr.. Hyatt and of MIR. San
born or of anybody else merely TO laid legislation,
is not astounding. But am at oss to discover how
Senators who love freedom find any such right in
yhe Constitution say nothing of the precedents
of the British Parliament for they more or ess In
applicable. We live under written Constitution,
with certain specified powers, and all these are re-
strained by the tenth amendment, declaring that " the
powers not delegated to the United States nor pro-
hibted TO the States, are reserved to the states
respectively or TO the people. But even the
British ore cedens have found critic at home in the
late Chief Justice of England Lord Denman and IN the
words of the elegant and authoritative historian whose
life has been passed in one or the other OF the two
Houses of Parliament. i refer to Lord Mahon, now
Earl Stanhope who, in his History Of England, vol
4 nave 20 thus remarks: +" may observe in pass
ling, that throughout the reign of George H. the
"pryieges of the House of Commons ourished IN the
rankest luxuranee. SO long men in authority are
enabled TO 90 beyond the law on the plea OF their
dignity and power, the only limit to their eneroach-
~ ments will be that Of the public endurance Nothing
can be truer than this remark; but Lord Brougham
has expressed himself in words yet stronger, and II
possible still more applicable TO the present case All
rights" he says are utterly dsregarded by the
their own shortsghted poliey and thoughtless in,
consistency; nor would there be any safety for the
people under their guidance if unhappDy their power
of doing mischief bore any propOr to their dig
regard of what is polite and just" With these re-
marks, quit the question: anxious only that 1t may
not be drawn into precedent hereafter.
The resolution for Mr. Hyatts discharge was agreed
Mr. HAMLIN REP, Me- presented remonstrance
from New-York in regard to the Pilot laws.
Mr. (GREEN DEM, Mo- introduced resolution
for printing 600 copies of the reports on the
Harpers Ferry invasion, which was referred TO the
Committee on Printing.
Mr. BAYARD Dem, Del moved to take up the
hill 10 give the SergeantsatArms of the Senate and
Hose power to appoint deputies in the different States
Mr.. HALE rep. n. H. opposed 1t.
Mr. BAYARD called for the Yeas and Nays on the
motion TO take il up. o.
The motion was disagreed toy eas, ~; nays, 70.
Mr. FITCH Dem, Ind moved 10 take up the
House Joint resolution relative TO the public tprntng
and make it the special order for tomorrow at IL
o'clock. Agreed 10. .,
The Army bin was received from the House, with
sundry amendments.
The Tariff bill was taken up.
Mr. HUNTER Dem, Va argued that no change
in the Tariff was necessary. Thelpresent farm would
the Government and for the extnguishment OF the
,nnhc deh, The revenue under the present Jarlt