The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-12-28
NUMBER 1870.

Seno1e VI the Omted States IS not only final
and conclusive-but l believe more than
that, that the exercise of the power in any
case exhausts itself; and that the Senate.
having once pronounced its Judgment upon
the case, made either in an adversary or ey
Parte proceeding, all controversy is at an
end, and no power on earth-not even the
Senate ltself-can review the judgment
1t has been suggested that the proceeding
which IS contemplated, after this bill shall
become law, is like proceeding in a stl-
perior court to reverse the action of an in
ferior tribunal. Ii is not such a case, or
question. Neither usage, nor positive law,
has provided for review. In the other
case there is the provision of positive law,
by which the judgement of a lower court
may be reversed by the judgement of another
court; but even in such a case, there is a
point beyond which you cannot go. Go to
your own Supreme Cour.. | can come up
from an inferior court with record full of
errors, and the judgment which the Supreme
Court pronounces, that there is no error in
that record, is final, unless you have re-
hearing-but such re-hearing must be asked
for within time limited, and is had only
by virtue OF positive rule. There is a period
of time beyond which, however corrupt
that decision may be, you cannot obtain a
re-hearing. Here there is no rule fixed The
legal position which | take is simply that
when the Senate has exercised its AUTHORITY.
given by she Constitution of the United States
it exhibits itself and its power-and it con-
fers upon the party in whose favor the pow
er is exercised, and judgments spronounced
rights, privileges and immunities which the
Senate itself cannot take away.
Tho nuaction &c aeEad if tba Cono.o -
not the power to deprive these gentlemen of
their seats? Yes, sir. The Senate has the
brute force, by its Sergeant alarms, or itself
resolved into mob, to turn Senator Doug
las or any other man outof The Senate Cham
Der, but it has not the right to do it.
While think of it, at this point, permit
me to answer one inquiry made the other
day by my friend from Warrick (Parrett).
I am informed, for did not hear it, that he
asked the question, how it was, how it hap
pened, that the gentleman from Floyd
Davis and myself expressed so much will
lingness to take Messrs. Bright and Fitch
out of the Senate of the United States, if
we had the power, while we at the same
time admitted they were then beyond con-
troll. l will tell him. Conceding, as we
do, sir-I speak now alone for the gentle
man from Floyd and myself-conceding, as
we do, the right of these gentlemen to their
seats in the U. S. Senate, we yet say that if
we had the consttutionat potcer and right we
would instantly deprive each of them of
his scat. Why Because neither of them
represents the political feelings we enter
tain. They are not, nor is either of them,
the representative of our political faith
That of itself would be enough but we
have other and better reasons than that
Sir, within the last few months an issue has
arisen-a question has been started, which,
in its magnitude, ,overshadows all other ques-
tions, wich in my judgment, have been agi-
tated by political parties since the close of
the revolutionary war. What is that ques-
ton 1t is not the mere question whether
Kansas should have come Tito the Union
under the Lecompton Constitution. No sir
That, although the origin of the question
that, although the foundation of the issue
is lost in the greatness of the issue to
which | allude. That issue is just simply
this: Whether all power-the power of
thought and of action-all political thought
and action-shall be surrendered into the
hands of the President and those that he
may gather around MIN as the dictators of a
party, or whether free men on free soil
shall think and act free for themselves in all
political matters as well as in other matters
(Applause). And | say, sir that no more
important issue has been presented to the
people of this country since the revolution
ary war. Nor is this past or dead issue
1t is the old struggle in another form. Alb
Ahsolutism on the one side, and free men,
free thought, and free speech on the other
now say, as those gentlemen have per-
mitted themselves to be bound hand and
foot, and laid down willing and subservient
tools and slaves at the feet of the President,
(Applause) they are willing to do his
Bidding whenever and wherever he orders
them to act, and because they are SO, pro
claim them here to be unfit to be the repre-
sentatives of the people (Applause). Be
cause they are so, had the power would
deprive them of the seats which they now
occupy and disgrace.
But I said at the beginning that felt
disposed in this matter to do right and to
let consequences do for themselves and |
say here, sir, much as I lament that these
gentlemen do occupy seats in the Senate of
these Unites States, representing this State
much as l regret it, willingly as l would
deprive them of that position, the majesty and
sanctity of the law are around them, and
never while live will | consent, here or
elsewhere, by any act of mine knowingly
to weaken the power Of that law or tarnish
its purity and time honored majesty. There
fore, am willing to leave these men where
they are, confident that right and justice
will ultimately be done, and that upon every
individual, as we'll as upon every party that
does wrong, there will fall a righteous retri-
button.
We may see something of the truth of
this even now. Who began in this State
this revolutionary proceeding? Who first
set at defiance the law of the land with re-
gard to the election of United States Sena-
tors2 you have heard it to-day from the
gentleman from Marion-one of our present
Senators, man of indomitable perseverance
and energy-a man who has by these quail
ties attained the position he now occupies
Yet, sir, with all his energy-with all his
labor-with all his earnestness-with all
his high official position and power-who
now in all the limits of this State, $50 poor
as to do Jesse D. Bright reverence" Not
one! We are willing to accord to him his
| legal rights, but nothing more; and there is
not a man upon this floor but hopes that
when his term of service shall expire Jesse
D. Bright will be ignomiously spurned from
all further participation in political affairs.
| (Applause.)
/ tlona o.. 70 ooD