The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1857-02-12

Government. j look upon Il rs entering
upon a war with an individosl where defeat
Is certain, and disgrace highly probable.-I
tell you, sir, that we are tfeading on aaered
ground. We had better shake OF the shoe
sf prejudice and passion from our feet. Re
member, that when we undertake to trample
on these sacred constitutional privileges Of
tae citizens, we aTe-more than Moses be.
fore the burning Of the bush-standing on
holy ground; ohd thank the Senator from
my heart for the able, manly, and consttu-
tional vindcation of this great right that he
has Just made 10 the Senate, and which,
whatever may be his fame as lawyer, will
add enduring laursls to II as long az consti-
tulional liberty has friend len in this coun-
try.
Sir, this is no idle defamation. Il is no
little attempt to crush puny individual. /
tell you, sit, that individual is strong with
the shield Of The constitution, and you can
not reach him without piercing that, and
trampling down every protection which the
wisdom OF our forefathers has erected for the
reservation of the rights OF the citizen
With these. remarks ! ON content with
usking for the yeas and nays on the amend
ment.
Mr.. SEWARD calierl cor the yeas and
nays; and they were ordered.
Nr. pUGH. desire TO say few words
in explanation Of the vote thall give. If
had so low an estimate Of my own charac-
ter as 10 inagine that any constituent would
attribute my vote in opposition to this bill to
any fenr of any investigation which can be
INDUCED here or elsewhere, lshould Ger.
tainiy think the character itself was not
worth defending.
shall vote against this bill because
consider it flagrunt violation Of the rights
of American citizens. ] say that with due
respect to others. have stated the reasons
for my opinion. I stand by these reasons,
and will stand by them in oil places and in
all times. desire to see the Congress OF
the United States, the other House and this
House, thoroughly purged Of all unworthy
members, Of all corrupt combinations. |
/ feel the perfect conviction that no investi.
CATION in which either House may indulge
will result anywise disastrously to me, or TO
those " iih whom am associated. But, sir,
| | will not for the sake of ever so great a pub
| lie benefit, invade the rights of American
citzens-aye, sir, and the rights OF British
subjects, for they were the rights Of British
subjects established by our fathers, who
founded The common law, and which have
been found essential to public liberty in this
country from which we derive our govern
ment, our language and our law.
This bill violates the domestic relations.
| This bill, hy its own terms, compels the
wife, at the mere inv s'igation of a Con.
gressonal committee, to violate the settled
rule OF the common law, that she shall moi
disclose matters communicated to her in the
secrecy OF the marital relation. There is
nothing in it to stop the hand of Congress.
sionll committee. The bill violates the
professional confidence Of the Attorney
"Perlinent to the ISSUE" says the BILL
| Who decides the question Of pertinency!-
The committee. 1t is said that the court
before which the indictment is pending will
decide what is pertinent, and what is not. -
| beg gentlemen to remember the decision
of the committee is finol--that it cannot be
reviewed by any collateral proceeding in
court, or out of it. 1t is at the mercy of five
gentlemen, who, in pursuance of what they
consider Il personal objection, may force q
witness ether to undergo the penalties o
u! fine and imprisonment, or to violate every
rule of evidence that has been upheld in the
courts of civilized countries.
! l did hope that the Senate would have
adopted some Of the amendments which have
been proposed. An amendment was offered
first to insert into this bill that indispensable
word in all indictments for perjury, to wit;
"m lteriaI to The issue" That has been re-
jected. A proposition that the inquiry Of the
committee should, at all events, be limited
to the constitutional powers of Congress
bas been rejected. A proposition that the
witness as he stands before your committee
! shall have the right OF witness at commor
law, has been rejected. And lastly, pro
position to strike out the section which vio
latcs the law rs ii has been settled and hand
I ed down to us for more than two hundred
years. has been rejected.
/ Sir, if ! cannot purge Congress of cor
ruptiJn without violating the essentia rights
OF an American citizen, let corruption reign
let the people rise and come here in the,
majesty, as Oliver Cromwell did, and drive
us OUT, and pat better men in our Places
think, with other Senators, we have acted
under the impulse Of excitement. A case
has nriSen in which it is desirable for us tc
overcome an obstacle, and desirable for the
country to overcome it. But, sir, as long
as that obstacle stands in the impersonation
of an American citizen, claiming his right
at common law, he shall have my voice ant
my vote, if he has not the voice and vote o.
another living man.
Sir, have suffered in this way myself
! s,, he;a L..
seen the bitter day when have been called
upon by newspapers to violate professional
confidence for the sake of delivering myself
from personal imputation. Having with
stood the temptation in that case-havng
lived through it. and having felt to mysel
the assurance that did my duty in those
crcumstances-I shall feel no hesitation il
voting against any bill which proposes tc
put any witness to the rack or the torture
! in the middle of the nineteenth century.
The following is the new law just passet
Congress concerning testimony:
A BILL more tfectudAy 10 enforce the attend
ance Of ,citnesses on The summons of eihe
House of Congress, and 10 compel them L
discover testimony.
BE il enacted, DC, That any person
summoned as witness, by the authority 0
either House OF Congress, to give testimony
or to produce papers upon any matter before
either House, or any Committee of eitbe
House OF Congress, who shall wilfully max,
default, or who, appearing, shall refuse t,
answer any questions pertinent to the mat
ter of inquiry in consideration before tn,
House or Committee by which he ehall b,
exsmined, shah, in addition 10 the pain,
and penalties noW eristing; be liable to in
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