Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1858-05-18

which might be called extraneous palt) was T.
do the little which lay in my power, to brint
the minds OF the people to consideration o
this subject, and OF the danger to their liberties
which the exercise by the Legislature of thi:
vagIant, undenned' discretionary power wa:
liable to work, In the hope that in the exercise
OF their sovereign authority, they would reform
the Court or the Constitution or both.
The task OF presenting these opinions in ref
erence to the powers of the different depart
men's OF governmert, upon the subject of the in
vesugatlop OF criminal offences, j shall post
pone until the opinions of the Judges of The Su.
preme Court, as prepared by themselves shall
be published, when it is my purpose to review
| them and fiatter myself tha. shall be able
TO 1how satisfactorily, that the power clearly
vested by the Constitution in the judicial de
! partment. and that the Legislature does not
possess the power ofinvestg eating any and every
alledged criminal act of their predecessors frorn
the corrupt disposition of millions of acres of the
pubic domain, down to the swindliug of mig
ger barber out of a pet bear-a pow er which ac-
knowledges no limits, except Its own unLridled
licentious discretion.
! i have now presented to you a candid and
truthful statement of what did before the COM
mittee, and of what refused to do, and of my
reasons therefor ] have gone further and un-
bosorned all my motives. If have been guilty.
of any contempt of the Assembly it results from
some of these acts or refusals TIE Assembly
have said that l am guilty. ! say i am not
submit the decision OF this issue to vou with but
a very brief argument.
! The offence of contempt, like all other often
ces, depends entirely upon the intent with which
the acts are committed, that are relied on to
cons itute the offence. In nv case the acts re-
/ he'd on is my refusal to be sworn and TESTIFY
| 1t is true, l alledge that nv only motive in
! refusing was to obtain the action of the Legis-
la,uTe IN relation to my objections to Messrs.
/ Tcnney and knowlton, whom believed to have
been corrupt, then it true that there was no
refusal, IN .he sense most plainly inferable from
/ the certificate of the Chairman of the Commit
tee, and that there was no offensive intent, and
OF course 10 offence-no contempt. If on the
contrary, the motive for my refusal was an up
willingness to state the facts within nv knosl-
edge, from an apprehension of the consequences
TO myself or any other person, or If was nflu-
enced by any other unlustitiable motive, then,
! (conceding the power of the Legislature in the
premises, which is not in dispute.) there
was an offensive intent and of cou-sc aa offence,
and i was guilty of a contempt, aad merited the
punishment which received,
To Judge truly of the motives of persons ac-
cused of crime, always the most delicate an d
difficult duty of jurors. There are however, a
few simple rules, which experience has shown
VIII essentially aid the human mind in forming
correct conclusions. Some Of these are, that
every man is presumed TO be innocent until he
is proved to be guilty that men will generally
act from the same motives that usually influence
stances that when there rs reasonable doubt of
! the guilt of the accused be is TO be presumed,
| innocent. In my case, the occasion did not de-
mand exposition Of my motives before the
/ Committee, and none was made This
| served for my appearance before the Assembly,
when | supposed ample opportunity would be
afforded me for an exposition of them, and ef the
facts upon which they were based. Such an
/ opportunity having been denied, my motives
were locked up in my own breast know only
to myself and can be learned by you only from
MY own declarations, and such Interpretation as
you choose to put upon my conduct ] only
ask you in yeur charity 20 believe that am not
an idiot. and to Judge me by the rules / have
stated. having doubt that you will then be-
lieve my motives to have been such as l claim
they were.
j; would be the height of folly in Inc volu n
tarily to place my personal liberty in the keep
ing of a pariizan majority of my political op-
ponents, who would take but to much pleasure
in sublecting me to all the degradation in their
power, unless it for the purpose of asserting
and attempting to maintain my political rights
| ! have lived, now, about twenty-five wears in
WIsconsin--for about one-third of this period
have held seat IN one the other branches OF
the Territorial and State Legislature, repeated
ly presided over the house of which | was a
member, and was under the necessity, from my
position of learning much of the rights and du-
ties of the Legislature and of the relative rights
and duties of the citizen. 1t was my fortune to
witness the organization of the Territorial Gov
eminent, in 1886. and to take an active part in
the establishment of our present State Govern
ment. ! feel an attachment for Wisconsin, her
Constitution, laws aud institutions, which is
second TO that of no man in the State. II is the
birth place and contains the graves of my child
rem and have the vanity to believe that l
have some character at stake, and too much sense
to sacrifice II in foolish controversy with the
Legislature, where j had nothing to gain, but
the unenviable potoriety OF having been sent TO
Jail, martyr TO the qualification OF stub
born, perverse will. No, no; rave high
spect for the legislative Office, and have always
felt and often said that in our Republican gov
ernInent man could receive no higher political
distinction than to be selected by his im,nedi-
ale neighbors to participate In forming those
laws by which all must be governed.
But when the Legislature usurps powers
which it does not possess, or undertakes arbitra-
rily and tyYannically to trample upon the rights
of the cilizen and todeprive him # those sacred
right, contained in the same great charter from
which they derive their own powers, respect is
converted into contempt, and esteem into deri-
sion. AS an evidence of loya 10 the Leg
islative authority when IegltImately exercised,
refer to the fact that as ! as inform ed
that the Assembly acted upon my appeal
significd my Willingness to be sworn and testi-
fy, and was sworn and did testify. 1t is true
| that the decision of the Assembly did not
cord with my views of juslice aud right. 1t is
true that the Assembly had not before them and
would not allow 20 present any evidences ef
the corrupt motives conduct which ] had
charged But this business of nine, il
they chose to act in the dark, # they preferred
darkness rather than light, they were response
BILE for it. not l. and | hope You viii Judge of
their motives, with at least much ot charity
as they judge mine
The question as to what my motives were, for
refusing to be sworn for tba. is the whole ques
ton in this cart whether they we're such IS
have stated, or whether my statement is mere
pretence to cover up some improper and un-
worthy motive, is Dow before you for rour deci-
sion To that decision j am content 10 subraIt,
and ] shall cheerfully acquiesce in the verdict OF
my fellsw citizens, with fun consciousness
that have done no intentional wrong and TINT
my most serious error was IL trusting to the
Justice Of a Black Republican Legislature, to re-
spect rights guaranteed to the hnmi lest citizen
of the State.
The story Of my wrongs would be incomplete