Delaware State journal and statesman., 1862-02-07

iugs judicial nor is the evidence insufficient for
the case in hand Under the Constitution, each
house, with the concurrence of tWo-tbrds may
expe member; but this large discretionary
mower is given simply for the protection Of the
body in the exercise Of an honest and honorable
self-defence. The Senate itself is on trial just
as much as the Senator; and permit me to say
that the Senate will condemn itself II it allow
any person to continue among its members who
has forfeited that special confidence in his loyalty
which is essential 10 his usefulness as Senator
II is vain to say that the evidence is insufficient
Technically and jldicialy this may be the
case but according TO all legislative precedents,
and all the rules Of common life, it is obviously
sufficient, for it is beyond oil practical doubt
NV friend from New York did not hesitate at
this session to vote for the expulsion of Breck-
inridge of Polk, and Of johnson, without one
scrap Of evidence that he would recognize Us
Judge on the bench. How can he now require
evidence which he did not require then
put aside, also, the argument Of the Senator
from Pennsylvania, (Ar. Cowan), so carefully
and elaborately stated, TO the effect that, on the
LAT of March, when the disoyal letter was
written, there was no war actually existing be-
tween the rebel States and the United States.
Even If this assumption were correct even it
the United States were still hesitatng what
course to adopt, nothing is clearer than this
the rebel States were in rebellion, organized,
armed, and offensive, with the avowed purpose
Of oyeTthrowing the National Government within
their borders; and such rebellion was beyond
all question q levying war under the Consiitu'
tion of the United States, 80 that all adherence
to il, giving aid and comfort, was treason itself
But even if you are not disposed 10 admit that
there was an actual levying of war on the part
Of the rebels-though Of this there can be nc
doubt-there was surely preparation and Q
purpose so to do and any contribution to such
preparation aud purpose was disloyalty, II moi
treason. Clearly Jefferson Davis, at that time
was a traitor What, then, can be thought of 9
J Senator who offered arms TO the traitor
put aside, also, the suggestion Of the Senator
from New Jersey, (Nr. Ten Eyck,) founded OF
| the language Of the President in his inaugura
{ address Of the 9TH March. 1t is true that th'
President spoke of the rebels in generous, fra
= ternal words-such words as becnme the Chic
= Magistrate Of great people, who had not ye
& reuOunced the idea of cOnquering by kindness
0 and who had not forgotten that Leviathan va
/ tanned by u cord. But whatever may have bee
the language Of the President, II is none the les
= clear that the rebellion, at that very moment
e was completely organised, by succession q
overt acts, which fixed the reasonable postio
t, of its authors, and especially Of its chief,
,r whom the letter offering arms WAS addressed
Ig put aside the argument Of the Senator frol
" California, (Mr. Latham, especially that part
Is il founded on the tolerance shown by the Sena
ID TO treason when uttered here by the retiring II
of bells. Nobody questions that treason was u
be tered on this floor, OF that reasonable counse
= went forth from this chamber. But the Sena
in was then controlled by the associates Of the 81
OF natOr of Indiana, and it was not in our power
at check or chasiise the traitors II is within u
he recollection Of many that those utterances we
a heard on this side Of the chamber, not only wi
1873 an indignant patriotism, but with bite
40 ranking regret that the Senate was then SO e
is tirely in the hands of the traitors that we We
obliged to bear in silence. Surely, such ute
or ances, black with treason, constituting the We
AT voice Of the rebellion, cannot be an apology
AT the disioyal letter OF the Senator from Indian
Vi nor can onr silence, when we were powerless
re- act, be any argument for silence now that pow
.s- and responsibility are ours.
tor Let me add, also that others may use the I
IN. gument in this case, that the Senator has
ID. cared himself against the coercion Of the rel