The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1862-03-04
FffHsI, 4EE EqXfEH sxfE2slSs Ss
ORcMk REpARk. OF OREGON.

The motion to recommit to the Committed
on Judiciary their report in the case Of Ben
jamin Stark, Of Oregon, appointed Senator
Of that State 10y the Governor thereof, being
under discussion, Mr.. Howard said:
Mr. President: am anxious that perfect
Justice shall be done to the applicant to the
seat from the State Of Oregon; and TO that
end am equally anxious that all the mate.
rial facts of the case may be fairly and hon
estly brought before the Senate for the con
sideration, in order 10 enable them to come to
a just and righteous decision in respect to the
loyalty of the applicant. Therefore, both
for the purpose of procuring the testimony,
and for the purpose of laying before tho Sem
ate their mature opinions upon the question OF
Constitutional law which has been raised here,
| shall support the motion to refer the mat
ter back to the Committee on the judiciary.
II this is refused by tho Senate shall feel
constrained, under the evidence which has
been laid before us, to vote for the exclusion
Of this gentleman; and | shall give my reas-
ons. | hold in my hand the report of the
Committee on the Judiciary, and in that re.
port L find that Mr.. Stark is charged very
distinctly and clearly with entertaining senti
ments emphaticaly disloyal and untrue to the
Government of which he now seeks to be-
come n member; and l refer Senators to the
affidavit Of Mr.. Hull, which seems to have
been taken in the State of Oregon ou the 18th
of November, 1861. In that affidavit the f.
fant says:
THAT in the month of February, 1861"
And that was the very mouth, if nv men,
ory serves me, in which the revolutionary
Congress assembled together at Montgomery,
and on the 18th day Of that month Mr.. Da.
Wis delivered his message to the rebel Con-
gress-
That in the month of February, 1861 he heard
said Benjamin Stark make use Of the following Ian
guage in substance at the post office in the city of
Portland: If there is to be any war between the
North and South all my property is for sale at fifty
cents on the dollar, an1 will 90 and help the South
fight The palmetto flag is my flag. The South
ern Confederacy is the only legal Government in
existence; that the United States Government is bro
ken up; that jeff. Davis is fighting in good cause,
and 1T will be impossible to defeat him." Vi"
That is one distinct charge, made on oath
by witness, who, so far as l know, stands
entirely unimpeuched and uncontladcted be-
fore this Senate. But Mr.. Hull proceeds:
"That afterwards"-
How long afterwards no does not say, but
Afterwards
Upon another occasion, affiant heard said Benia-
min Stark make use of the following language
The United States forces may fight the South from
one end of their Government TO the other ut it will
amount to nothing; they will close up behind them
and they cannot be conquered. The South is fipht.
ing in good cause, for Government and order and
they cannot be conquered and further the said
Hull saith not
Now, sir, hero arc distinct specifications
charging against Mr.. Stark that, in the month
Of February, and afterwards. he gave express
sion TO these disloyal and reasonable senti-
ments, clearly specified q on the faco of the
paper which were before the committee and
soenny sworn 10. 1t seens-aud if am
under misapprehenson in regard to this fact,
| desire to be corrected by some member Of
the judiciary Committee-from written com
muncatiOn made to the committee bv Mr.
Stark, on the l7'h of January last, that lie
had examined these papers. lle therefore
had become advised, specifically aud clearly,
Of the nature, extent, and significance Of all
the charges which had been brought against
him, and which were then pending before the
committees; for, after putting in n demurrer
TO the jul isdiction of the committee and of
the Senate TO raise preliminary objection
against his being sworn in, he Gays:
at is due to myself, however, that should state
that have examined all the papers referred to by
the committee and that l find them, without sim
gle exception, to emanate from my btterest political
opponents"
No matter for that. Tho question before
us is not whether these witnesses were or were
not the political opponents, bitter or other
wise, but whether The facts which they sug.
gest are true or false. He pr, cceds:
"while l cannot undertake to recall all that I
may have said in private conversations during the
past twelve months Cf earnest and often heated dis.
cussions Of public affairs, / do most soemnly de-
clare that in forum competent to try and determine
the issue, am able TO prove the allegations against
my loyalty to be utterly unfounded; that in many
important particulars, the declarations of my assal-
ants IRE false that in others my language has been
perverted and wrested from its true INTENT and that
In every respect the papers referred to calcula
ted and were designed to sustain theory founded
upon opinion alike unjust to any true sentiments
and discreditable to the candor ofmy accusers."
The first question that arises on reading
this paper is, whether Mr. Stark admits or de
nies tho matters of fact plainly and clearly
charged under oath by these witnesses. Sir,
he does not deny them; be does not say that
they are false; he does not deny having mado |
these expressions; !c does not complain that
the witnesses are not to be credited, that they
arc people without credit at home but ,impy |
declares that in the proper forum he can
prove, DC. That was not the question which |
he ought to have answered. 1t is not the |
question so far as he is concerned, what he
can or cam prove before the Senate or be.
fore the committee; but what was the fact +?
If he had been a loyal man, if he had never
entertained such sentiments rs are attributed .
to him 10 these aflidavits, it was the easiest
thing in the world for him 10 have said so,
and he would naturally have said so, as it
seems to me. | say that the evasion which
he has committed in the paper sent to the
committee that he had been engaged in heat.
ed controversies Of political kind for the last
year is totally inadmissbIe upon the question
Of loyalty TO the Government. ask you,
sir, ask all Senators here, what possible heat
of political or party discussion, what mere
party complications can possibly exist, what
party provocations can he flung in the teeth of
citizen Of the United States that shall cause
him to forget his loyalty to the Government
hiob Io ;s ko,,,I - a.