Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1862-02-03

ent With his public trust and duty, as the record
states, be was expelled. Another Senator sub
sequently supposed to have been engaged in the
Burr conspiracy, was brought TO trial before the
Senate for that offense; but the constitutional
vote requisite for expulsion not obtained.
he subsequently resigned.
''But, sir. since the 4th ofJuly last nearly one
third of this body have been expelled. These
vacant seats are constant and an impressive
memorial of the extent and desperate character
of that treason which has not only desolated this
Senate, but our whole country. We are now
called upon to take another step. Those Sena-
tors we're expelled because they had already vol
unfairly vacated their seats. In the very Ian
guage Of the Constitution, defining the crime of
treason, they were already adherng TO the enc
mes of the country, giving them aid and COM
fort. Now, sir, we are asked TO expel from the
body Senator who presents himself here in the
Senate, claims TO occupy his seat, TO discharge
the duties of Senator, and Processes 10 be loyal
to the Constitution and the Government. This,
in my Judgment, is a great stride beyond what we
have already done.
"The Senator from Kentucky Mr.. Davis has
found another reason why the Senator from Indi-
ana should be expelled. He is satisfied, and |
apprend some other Senators, from what have
listened to during this debate, may feel them
selves satisfied, nay called upon, TO vote for this
expulsion; not on the ground that the Senator
has been guilty of treason, but on the ground
that he entertans and avows political doctrines
which are not paatable to the majority of the
Senate and the country. This is the language Of
the Senator from Kentucky:
| "fThe gentleman takes the position, announces
it in his speech at the last session, repeats it yes
teriay. that he is opposed to every measure and
20 the whole policy of coercion by which submis-
sion to the laws is to be won and conquered. If
that is not a default of duty that ought TO remove
4 q r. ~. -
| lost my reason
"Now, sir, scarcely need say-certainly not
/ to those who know me-that / have as little
sympathy with the political views and sentiments
OF that Senator any other gentleman upon this
| floor, and have always had For many year
/ have watched his course here, and it has rarely
met NV appreciation. Above all, j have no SYM
| patty with the doctrine which he has avowed, Of
non coercion. But, sir, in my judgment, that is
not the question here.
"As understand the duty of Sena-
tors here, they acting as judicial tribunal,
determining upon the rights of fellow Senator,
and that they governed by no such influences
or principles, sublimated as they may be, those
suggested by the Senator from Kentucky. He
told us that IN determining this question, the Sen
ate was to be controlled by common law, no
statute law, no parliamentary usage, but in its
own discretion, it was TO decide whether or not
the Senator trial unfit for parliamentary
duty; and if, in the exercise of this discretion
the Law oftyrants-it should judge him unfit. then
it the duty of this Senate to remove him from
their presence.
"Sr, il is well for Senators on this side of the
chamber that that doctrine had not been promul-
gated at an earlier day. Had this been the doc
trine OF former days, my friend from Massachu-
setts Mr.. Sumner would never have been per-
mitted to hurl his polished, FURNISHED, burning
Shafts against savery-against the barbarism
OF slavery The clarion voice Of the veteran
Senator from New Hampshire Mr.. Hae] would
| long since have ceased TO resOund in this hail.
There are other Senators who have long been
suspected of being too much imbued with a
certain unhealthy doctrine TO have held their seats
with any certain tenure here, if Senators were
/ allowed to expel member because, in the iudg-
Inent OF the Senate, he was unit for parliament
airy duty.
''Sir. we are living and acting in exciting times
/ They are times which should furnish us with great
caution in the mode in which we act on questions
/ of SO mOElentous Importance that now pend
/ ing. The great question now on trial in this
| Union is. whether it shall live, or whether. be
cause the fingers of treason are clutching at its
throat, it shall to exist. And at times like
these, which stir every patriots heart, there is
danger, imminent danger, that we may be led TO
do an act in case like this and fix precedent,
which shall be pernicious in its influences hereaf
/ ter.
"The history of past times, Mr.. President, fur
niShes US with a most instructive Caution that We
shall proceed carefully in expelling a Senator on
the ground of his infdelity, or want of sympathy
with the Government, in time like this. Sir,
there is no more melancholy feature in the histo-
~ of English jurisprudence than the facility with
which, by forced and arbitrary constructions, the
best men of the times, innocent and patriotic
men, men of whom neither the times their
country were worthy, were condemned for trea-
son. The Sydneys, tine Russells the Hampdens
and other worthless like them, furnish u.s. it seems
| to me, an admonition that we should be cautious.
al cOncede
that if any Senator can bring himself to believe,
ard cOnscientiously say, that the letter of in
PRODUCTION to jeff Davis, was written with trea-
sonabe design, for the purpose of enabling JEFF
ferson Davis and his reasonable companions and
associates the better to engage in war with this
Government, then he was guilty of treason, of
reasonable design, which is enough to convict
| him, either here or before legal tribunal.
But, sir, with the judgment Of charity, am
unable to bring my mind TO any such conclusion.
believe that ut the time this letter was written
no such thought entered the mind of the Senator
who wrote it. | believe that il was one of those
lasty. ordinary letters of introduction which we
| all of us feel burden to US here, which we are
called upon daily and hourly to write. and that
he simply intended to introduce the man, and
state in word the object of his visit. In the
/ light of all the circumstances, looking at the
time when the letter was written, cannot bring
myself TO the conclusion that there in the
mind of the writer of that letter at that time any
reasonable purpose. / think the letter and the
circumstances repe that inference.
"Sir, suppose that Sumter had never fallen;
suppose that this terrible war had never broken
out; suppose that were unable to look at this
! letter in the light of subsequent events, would
any MANY imagine that there was treason in the
letter? 1t seems to me not. Is it fair? Is it
justr Is it proper mode of administering Grim
inal law, to judge of an act, to interpret an
act, TO give legal effect to act by what subse-
quently occurs, and with which the party charged
with the act had no connection? Ii seems to me
that if this Senate shall vote to expel the Sens-
tor from Indiana, without coming TO the conclu-
sion that there was a reasonable design in writ
Ing that letter, it would be guilty OF act of
the grossest injustice. unworthy of the Senate,
towards the Senator from Indiana, and of injus
tce to itself"
We make single extract from the speech of
Senator Ten EYcK. 1t contains quiet rebuke
OF SUMNER who, in the BRIGHT case has Initiated
very closely the dictatorial style he has so often
denounced when exhibited by Souther: Sena-
tors:
"Why, sir, well do | remember that in this
/ Senate, and upon this floor, Senator from Tex
/ as declared here, over and over again. that this
Union dissolved; that there was in exist
ence a Southern Confederacy, and that jefferson
Davis was at its head that he owed his ale
glance to it; and that he stayed here Just as
/ long the Senate called his name; and that
when they refused to call his name, he would
take his departure for the Confederation and
yet aside from effort on the part of the
Senator from Connecticut, Mr.. Foster
which was not followed up, no steps
we're taken in this body TO rebuke that