Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-04-03

location at Michigan City Justified
by the Republican Legislature. and
the Contract of Talbot & Co. Justi-
fled by the Same Body.
Mr. HEFFREN made the following minority re-
port from tie Committee on the Northern State
Prison:
Mn SPEAKER The undersigned, a minority of
the joint committee of the Senate and House of
Representatives, appointed to investigate the
fraud, if any, in the location of the Northern
State Prison. and in the contract for the construc-
ton of the same, beg leave to submit their views
of the evidence in the case.
LEGISLATIVE INVESTIGATIONS GENERALLY PARTAKE
OF A PARTY CHARACTER.
1t is to be regretted that generally, in cases of
legislative investigations, disposition to manu-
facture party capital outruns and controls desire
for the calculation of the truth. Before this
juggerIiaut of party, the fair fame and hitherto
unblemshed character of our best citizens are
often recklessy and rudely assailed and black
ened, if thereby the success of party can be in
sure1 And even where the evidence, fairly and
fully considered, fails to achieve Che party end
sought after, it is made TO submit to manipula-
tons and garblings of the most reprehensible
character. All rsfes Of law, and all rules OF eyi
dence. thrown-as safe guard around the citizen,
that base party purposes may be subserved.
The undersigned regret that the action of the
majority of the Joint committee has not been such
as to wholly acqut them of this censure.
THE RULES OF Law md OF EVIDENCE TOTALLY
DIsREeARDED.
The meanest and lowest criminal that at the
bar of his country, is tried for offenseS of the
most dabolical nature, is by the laws of that
country, entitled to be heard by himself or attor
ney; to have witnesses summoned and examined
in his defense, and to confront the witnesses for
the prosecution, and cross examine them. And
these provisions of the law are wise and proper.
If the defense was not allowed to confront and
cross examine the witnesses, and summon his own
witnesses, then would every citizen be at the
mercy of the bad and depraved, who would scru-
pie not to stain their souls with perjury. A
statement made by witness in particular man
ner might carry 4 criminal Interpretation, which,
explained on cross examination, might appear
quite innocent indeed. One man might not scru-
pie, in the absence of the defendant, to make a
false statement, which, in his presence, be would
shrink from making. But it is useless to argue
this point. Every citizen in the Republic knows
that these safe guards of the law are emnently
wise, salutary and just.
THE DEFENSE DENIED EVERY RIGHT.
The undersigned exceedingly regret that due
instance of this investigation all these safe guards
nay, all these rights, guaranteed by the Consti-
tuition and the laws to the yiiest criminal in the
land, were stricken down and trampled under
foot. The defense was denied the right of being
present at the investigation. and confronting and
cross-examining the witnesses. They were denied
the right of appearing by themselves or attorney
They were even denied the right of having
witnesses summoned and examined in their
Thac xa1t ,ata,
Star Chamber, and with high hand excluded
evidence and struck down the sacred rights of the
citizen. From beginning until the end it was
conductedas an CT pdrte concern. The character
of the citizen was stabbed in the dark, and no op
portunity afforded him to defend himself. In the
secret conclaves ola committee room the fairname
of men was blackened, and they were denied the
right of wping out the stain. Can such a pro
ceeding be justified before enlightened people
in this the nineteenth century? What is such evil
dence WORTH
TEE COMMITTEE REFUSE TO SUMMON WITNESSES FOR
THE DEFENSE, &C.
The defense asked that Mr. j. H. McKm. ar
chtect, of Madison, Judge Samuel Hanna, of
Fort Wayne, Col Brown and Father Kilroy, of
Lafayette, Samuel Casey and C.. X. Sanger, of
Joliet, Illinois, G. b. Blair, Lyman Blair, j. p.
Higgins and j. p. Stckney, of Michigan City, j.
r.. Scoville and James Sexton, of Chicago, and
others should be summoned and examined before
the committee, yet this reasonable request was
denied them. The defense asked the right of APP
pearing and confronting and cross-examining the
witnesses, yet this right was denied them. The
defense demanded the right of appearing by cOun-
SELL but even this was refused. Are mems char
acters nothing that they are to be thus rudely
sailed and no opportunity afforded for vindcation
and defense2 Is the untarnished name of the
citizen not dear to him, that it is thus be offered
up to the fell purpose OF manufacturing political
capital? Is party to override all considerations
of justice, of right and of honor? Wherein CON
sists the boosted freedom of our Institutions, If
the rights of the citizen are to be thus recklessly
invaded and violated? IL would be strange, in
deed, if in an investigation conducted in this man
ner, where disappointed men were the chief wit
nesses, where all the wise restraints of law were
thrown aside, where even the defense denied
the right of cross examining, where every induce
ment was offered to perjury, some evidence could
not be procured to blacken the character of any
public official. But what is such parte evil
dence worth? Error, said great statesman and
wise man, may well be allowed to roam at large
where truth is left free to combat it, but in this
case truth was crippled and pinioned, while defa-
nation, and SANDER and perjury were allowed free
scope, nay, sheltered and protected from exposi-
ton in the secret Star Chamber of the committee
room. And il is upon such er parfe evidence that
fair characters, to be dragged before the
try criminals, without trial, without opportuni
ty to confront and cross-examine the witnesses,
without being allowed a hearing in their own de
tense, without even being permitted to have their
witnesses examined Where is the man who can
stand up iore free people jealous of their rights
and defend such partial one sided and out
rageous proceeding? The proverbial love of the
American heart for fair play and justice has be
fore row curded into bitter hatred for injus-
tce, oppression and wrong; and the men who
by trampline upon right, sought to avenge their
party Feelings by striking down political oppo-
nent, and manufacturing political capital at the
expense of every principle OF honor and justice,
have, before now, by the stern verdict and rebuke
of the people. learned that the American heart
loathes oppression come in whatever garb it may.
And when they see partisan committee violating
every principle of law, denying the defense the
rights guaranteed by the Constitution, and by
their secret proceedings, sheIterng and protecting
if not holding out an inducement to the cora
mission of perjury, that whitening rebuke in
tended for their victims, NAV fall upon theil
own heads. The people may not fail also to be
lieve that those who love darkness better than
the clear light of day, do so because "their deed:
are evil" Truth never breads light. Evil alone
sl<ulks into dark recesses If the elucidation Of
the truth was all the majority of this committee
desired, why did they dodge from the light of day
and deny the defense the right of confronting
and cross examining the prosecuting witnesses.
Why refuse them the right of defending them
selves by counsel? Why deny them even tn,
right of having their witnesses examined? Was
perjury to be protected from the whitening expo
stiOn Of cross examination? Was the testi
mony of swift witnesses" too weak to stanc
before the crushing evidence of other witnessed
Why, in the name of justice and right, of honor
and truth, was every principle of law violated
and trampled upon, and the accused denied the
poor boon of vindicating their characters from
asperson and Islander, if an honest desire fol
truth was all the committee desired? We're tn,
committee afraid that if such opportunity wer,
afforded that they would successfully vindicat,
themselves before the public, and bury their &C
cusers in the guilt of perjury? Whether innocen
or guilty, these men entitled to fair tria
and an impartial hearing. Who will so far dar,
to violate truth as to pretend to say that the,
have had such trial?
THE COMMITTEE DIsToRr, GARBLE, AND MANUFAc
TURE EVIDENCE.
There is power, latent power in truth, tina
ever rises, no matter how I" crushed to earth " anC
asserts the divinity that rests within it. " Tn