New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-19

es display Of the . a sSs the
privileges Of the senate was the disclosure OF secret
Treaty. But unless this done by act or connyance
disclosure Affect the senatorial privileges The custom
OF secrecy In such matters one established by no law
the senateany Violation o. this CUSTOM
an ohense against law but merely against the conyem
Is @ s at ts Prs%sns has power to
arrest and punish for such disclosures OF executive
Duslnessl And II not he why shonld the Senate nave
such power except over its own members and officers
Now the disclosure in question made by Senator
OF an Scer Of the senate no donbt he ear be expelled
body else, what they do about IT, 1t is crime eK
tempt, for which, indeed, Messrs White and Ramsdeil
are now arrested. Yet for this imaginary ofense the
Senate pretends always has pretended, to in
nict punishment measured by no law and wholly re-
pugnant to the Constitution Contempt of the Senate s
what President could hold Office who should arrest and
impson citizen at his own pleasure for the disclosing
The case in question however is at once taken from
among those few in which the Senate can exercise judi
spondents that they did not obtain the Treaty from any
officer or member OF the Senate This being So the whole
not be maintained that the publication Of the Treaty
itself s act which that body can infct punishment
UNE for their share In performing public dntyfor such
the PRONUNCIATION Of the Treaty wesean reflect nothing
time and again. unable to keep Its own secrets and now
it Is trying punish outsiders for not keeping them. II
is plain that spite and curiosity have quite as much to do
with this matter on the part Of many Senators as any
higher motive can have
judicial powers by the Senate is far more important than
the present instance Of Its application and may as wei
be examined historically. Sucn assumptions nave been
made for the last 10 years at least but they have always
been resisted BY able Senators and they have no shadow
not inherit the precedents OF the British Parliament as
except for two or three Clearly defined purposes nor
It were would the arbitrary and oppressive common law
5ess S sa4s. agS II
In the Senate the right Of that body to mprson I6ad
ator MasOns Committee. After pointing out that the
Senate judicial powers In cases OF impeachment Sen
atorial elections, and the conduct OF s MEMBERS hr'
Beside, hr,. expressly named in DIFFERENTIATION es
to f conduct T. S s s... Of %R n b... SS.H P'
cas-. Of so:s be sb .s4 & t o "s % oss arc
not Ssn BY the Consultation bat .s,tai..d az az
aH. S i HS s 'e
d DC q d: ss! and even ' The Absence
Now who win pretend that the law Of selfdefense de,
mands that the Senate shall find out who furnished HE
by at least 30 outside OF the Senate before that
body And on the other nn hand VINO @ees not
the alleged privileges Of the Senate may be pushed In
tine tine Committee had the
Arms to cause the arrest In OF witness
S Sap h to set Of Boston
bum-bailifs, who had frauduently gained admission
kidnap man whom they had no more right to arrest
than they had to hang The indignation aroused by THIS
zen by Judge shaw put stop such proceedings then
but nobody knows how soon they may be revived under
the arrogant claims OF the Senate. ,,,
In the earlier and in respects, more remarkable
case OF Duane that editor was summoned before tho
lshed month before In his newspaper me ASord ana
being practically denied the aid OF counsel when he
should appear he refused to attend and was arrested
Senate CHARLES Pnckney of South Carolina, able and
sp Serrb nsnt the whole and took sub
stantisy the same view then mat Mr. sumner Old 20
sss . I'll: s;T Won, 2,
s.Pal l,, '. .. T S o. ; ,I SSay
% .a.sys9 sssy ps..s q ySnr eomun
. td Oss snns' be- R s @ Ss politics.
pleasant sight with their rods l1ao.
hsyh.d hss, Ia By preceding. rAa
that 80 ~ mat and sRS S Ssrs op
this i despoim the despo
xt6o9gn the Arguments Of Pinckney did not prevail
against the party spirit OF the senate majority yet no
senate The monsrosy Of the proceeding was TOO pal
pabe for imitation and so we trust WI DO the soSury
OF the present persecution VI JOURNALISTS
THE PRErENsE OF SECRECY AN ABsURDrrY.
From ClneiRnah Gos>its
II was absurd for the Senate to keep up the
preense that the Treaty TaS Which IL eap a1r do
tries could not be done IN case OF any treaty OK gen
Waship gon's administration, and Its members repre-
sented real constituencies The chance Is worse now
who lack the character and responsibility that comes
from substantial constituencies AS MI sumner mas
high sense OF honor in the Senate There may be tea
ties whose negotiation secrecy Is necessary out the
affairs which have been generally agltated Tor
years IL not OF them and the form Of secret debera-
ton upon this Treaty is not becoming to the oharac
ter Of the Senate respectful to the people There Is
no rational apology for secret deliberations In TINS mat
ha int Tho
keen secret their own action upon it. But this is impos
sibe Doubtless the Senate desires 10 near the seht
70 this when il preends keep the Treaty and its de-
alterations secret when the Jay Treaty wnon was
Senate removed the seal Of secrecy from its deibera
RS the Sh1s
In this however, he was forestalled by somebody's
the spr OF our Government than for the Senate to de-
herate under seal Of secrecy In this ahar when mas
Oeea ts than for that body to hide it's head pre-
tend secrecy when everything known from one end OF
the land to the other
AN INDIGNANT SENATE GROWS RIDICULOUS.
from IA> Nee- York Star.
The crusade of the Senate against The
TRBusE correspondents for their enterprise in securing
copy Of the Treaty before the seal of secrecy was re-
noyed by that body little than farcica Messrs
Ransdel and White did nothing more tnan tney were
eet RE and IL they get it in advance OF other cor
fspondents so much the better for the journal which
tbey represent THE TRIBUNE is entitled to credit or
having anticipated all its cotemporares in the pubea
ton of the text OF the treaty The public were entitled
t have il at the earliest the newspapers could
GET a. The Senate commits error In endeavorng 10
finnish the agents who procured the document IL any
me ia 10 blame IL the proprieOrs OF The TRIBUNE VINO
nnblished H. The fact Is there ia great cry ana NIUE
wool and that grave Senatorial body only makes ITSELF
ridiculous by the course II has chosen 10 pursue
THE SENATE AS AN ADVERTISING AGENCY
Iror. The Ws.,tn9on Ere,ag StaT. 80 .,
The papers are all occupied with The
Tpianyp Treaty publication bother. 1t Is
safe 10 say that Pettingill & Co., or any
other advertising agency could not secure ss tns
tor half million OF dollars The TRIBUNE ought 70 DC
verv much Obliged them. that's all. As for the ethics
rarfly he