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

States, or that he has refused to vote the neces-
sary means for the suppression Of the rebellion
but use no such argument. Much as should
lament such n course, and justly obnoxious as !
should regard ii, yet cannot consider 1t as IN
argument for the expulsion of the Senator
Freedom of debate is one Of tue triumphs Of
modern civilization, and il shall never be i'm
paired by any vote or any word Of mine. To
this freedom have held fast when almost alone
in this body and what have steadfastly vim
dicated for myself against all odds, shall never
deny to another Therefore, if l am the judge,
there is no Senator who will not always be per-
fectly free TO speak and vote as he shall think
best on every question which shall legitimately
arise but beyond this immunity he must not
go. lie shall not talk treason he shall not par
ley with rebellion he shall not address to it
words of sympathy and good will especially,
he shall not recognize it's chief 10 his pretended
character Of President, nor shall he send to him
improved firearms TO be employed in the work
Of treason.
Putting aside all these considerations, the
case against the Senator from Indiana is clear.
An apologies, all excuses utterly fail. 1t is
vain to soy that the bearer Of the letter was his
life. long friend, as il is vain to say, also, that
the Senator did not dream that there would be
war; The first apology is as feeble as the
second is audacious If the Senator did not
dream that there would be war, then why send
arms to the chief of the rebellion To Jeter-
son Davis as patriot Senator, there was no 0o-
casion or motive far sending arms. II was only
to Jefferson Davis ns chief Of the rebellion that
arms could be sent and to him, in that char
acter, they were sent. But even if the rebel
lion were not at that time manifest in overt acts
as il clearly was-still the sending Of arms
was positive proVocatiOn and contribution 10
it's outbreak, especially when the arms were
sent by Senator. And now, at the risk OF re-
petition, say again. it is not necessary that the
war should have been commenced on the part OF
the United States. 1t is enough that on the
part of Jefferson Davis, at the date of the letter
there was an actual lovying Of war, OF, at least
purpose to levy war; and in either OF thest
two cases--the last as we'll as the first-the gull
Of the Senator offering arms was cOmplete-cal
it treason or call it simply disloyalty, if you
( will.
t 1t is in vain you seek to surround him on thi
occasion with the technical defence OF judicia
8 tribunal. This will not do. They are out o
o place. God grant that, in the administration o
Justice, cititzen arraigned for his life may al
ways be presumed innocent till he Is prove
/ guilty, But, while zealously asserting this pre-
q sumption In a criminal trial, utterly deny
o In the present case. The two proceedings ar
radically unlike. In the one we think most Q
a the individual; in the other we think most Q
II the Senate. The dag officer of feet or th
e commander OF gafrlsoni When suspected onl
= of correspondence with the enemy, is withou
l. delay deprived of his command; nor can an
Is technical presumptions Of innocence be invoke
e in his defence. For the sake Of the fleet, fc
= this sake of the garrison, which must not be be
10 trayed, il was your duty to see that he is de
lie prived Of his command; nor can suspectc
re Senator, with all his confidential trusts-legis
b atiVe, diplomatic, and executiVe-expeot an
r, tolerance that would be denied to a suspectt
n- dag officer or to suspected commander Of
re garrison, If not strong, pure, and upright
r himself, be must not expect to find ctr .
~ purity, and uprighiness in any pFeanmptiony
or Innocence or in technical rule OF law. For Il
sake Of the Senate he must be deprived Of
to place. Afterwards, should he be arraigusd
or law, he will be allowed 10 employ all the deVic
and weapons familiar to Judicial proceedings.
r. 1 lBut there is another illusion into which I
Q. senator has fallen; and ii seems TO me that 4
el Senator from New York, and perhaps 9th