Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-13

Rowell, Satterwhite, West-l3.
The Secretary was ordered to instruct the Ser
geant alarms to take Senator Kane into custody
and execute the order of the Senate.
SENATOR JoHNsoN's REMARKS SATURDAY
EVENING, APRIL 10, 1880, ON RESOLUTION
RELEASING KANE FROM COUNTY JAIL AND
sUsPENDING HIM.
Mr.. johnson Mr. President, l do not arise to
question of privilege. have not read the article
in The newspaper OF which the Senator made men
ton. arise, however, to offer resolution in ref
erence to this matter, and respectfully ask the
indulgence of the Senate while preface The resolu-
ton with a few remarks. Last evening" sir, voted
in iayor of Furnishing Senator Kane, believing that
he deserved punishment; believing that be deserved
punishment Of the highest kind. Last evening, sir
voted to expel him, believing he deserved to be
expelled. Last evening, voted to imprison him in
the County Jail, believing that he ought so to be
imprisoned. l then voted without sympathy;
then discussed the mptter without sympathy, then
asked no sympathy for him, but for justice then
asked to protect the dignity and the honor Of this
Senate, and its individual members. But, sir, IN
my judgment, the honor of this Senate has been
sufficiently protected, and the dignity OF this
Senate has been sufficiently maintained. For the
first time in the history of California Senator
has been imprisoned in the County Jail by order OF
the Senate But, sir, the Senator was in contempt
OF the Senate and it could punish him by higher
kinds OF punishment il could chow its power by
simple Imprisonment. Our power has been shown
by the Senate in reaching forth its arms OF iron and
Selling one of its own memberS-one OF Its equals
and pacing him in the County Jail. Sir, think we
have done that which justice, that which law, de-
mands. Tonight | am ready to answer the call OF
sympathy and without consultation, save with my
colleague and right here let me say that during
the session OF this Senate have always consulted
my colleague before acting upon measures
desire to present resolution for the release
from Imprisonment Of Senator Thomas Kane.
do it, sir not by reason of any article IN tie news
them because |
changed my views TO the gravity or extent OF the
oense the necessity for severity OF the punish
ment deserved by Senator Kane, but because now
recognize the pardonlng power L now recognize
claim for mercy and sympathy which last night |
felt it my duty to resist and repel from my bosom
Toni yht find that we stand in the position
as that occupied by the Governor of the State when
felon has been confined in the States prison. and
an application is made to him to pardon that felon.
We should exercise the pardOning power for
charity's sake and for our own sake. l am informed
by those who claim to know, that Senator Kane has
not manifested any anger at the Senate at the posi-
ton i. was forced to assume That he has, SO far
from entailing any lawsuit or pr ceedingS upon u.s.
so far from filling the air or the papers with
proaches or maledictions, quietly, and | may add
manfuly, submitted to what has followed his actions
and man should who recognizes the fact that he
is accepting the punishment Of his crime, and is
willing to bear that punishment, realizing that it
not inflicted in malice or in haste. Sir, under
circumstances such as these believe would be
acting honest men ard wise legislators to extend
the pardoning hand and, metaphorically speaking
strike the ShackieS that bind the body OF Thomas
Kane in the County Jail of Sacramento. Therefore,
sir, have prepared resolution looking to that
end think after examining the matter, that it is
right and shall vote for It, have carefully and
.candidly considered the sentence and the charge,
and ask Senators now, to do that which in their
and my opinion could not do last night-listeT
to the cry for sympathy and the appeal for mercy;
to give weight to the tears and of his sick
wi G and the appeals of his children. ask you now
to extend mercy TO the euprit. ask you now TO ex-
tend to the one sentenced to punishment and to
Just punishment-that mercy which could not be
given last night. | ask you now to unite with in
throwing open the prison doors, and permitting Thos.
Kane once more to walk as a free man in the land.
believe that he has been punished sufficiently for
his sins believe that this has taught him lesson,
which will ever be engrafted on his heart believe
that the people OF this State have been taught a
lesson. l believe that the body OF men who fill the
lobbies and interest themselves in legislation have
been taught a lesson. believe we have maintained
our honor and dignity, and now | ask you that we
prove our manhood by extending sympathy and
pardon and mercy to the offender. Resolution in.
troduced read.
Mr. Burt-Has Senator Kane decided to divulge
the name of the who tried to bride HIM?
Mr.. Johnson-Mr. President, | desire to say that
have had no communication, directly or indirectly,
with Senator Kane. have not seen him or spoken
to him. nor to any representing him, nor have
written to him or to any one for him. nor received
any word from him, or any one representing him, at
all know not his views
offered an amendment, and Messrs Dickinson, Tray
lor Sears and Zuck had spoken.I
Mr.. Johnson was well aware, sir, when intro
duced this resolution that my action might be crit
cised. | accept that responsibility and propose to
abide by the resolution. have nothing to retraet
of what said last night thought then that Sen
ator Kane was guilty. thought then that Senator
Kane ought to be punished. L have not changed my
views since last night upon that subject. argued
as strongly then as | do now that he should be pun
ished that he should be punished in the severest
! manner known to law. This Senate by majority
vote decided otherwise. 1t stated and cited last
night that the only method of handling the matter
was to adopt resolution imprisoning Senator Kane.
Still did not at that time agree with that punish
ment, not thinking it enough, but voted for
| it rather than have punishment inflicted upon
the Senator. | am not sorry for my action, my
or my word. have nothing to apologize for. | am
exceedingly sorry that language OF that kind has
been used this evening The question before US to-
night, it seems to me, is not whether Senator Kane
was not guilty of the crime-whether he was
guilty not guilty of contempt of the Senate.
We have settled that NATTER we have decided those
propositions each and ALL adversely to Senator Kane
We have said by our votes that he was guilty of
contempt of this Senate. We have said by our
votes that he should be punished We have in
ficted upon him some punishment. The question
now before us, Hook at it, is. Has that punish
ment gone far enough? Have we sufficiently pun
ished Senator Kane to Yindicate ourselves, and to
teach him that he has made mistake2 l am well
aware sir, that every parent has moral and legal
right to punish his children, but never knew of a
parent that refused to stop Furnishing his child
when he thought the punishment had gone far
enough. 1t is good, Mr.. President, to have giants
strength but 1t is wrong to that strength like
giant This Senate has that giant strength This
Senate has used that strength in yindicatiug itself,
and in Furnishing one OF IT'S members The ques-
ton for to decide is, Have used sufficient
of that strens th to others against Infringing
our privileges or committing a contempt OF au-
thority? Ii in the punishment that we have meted
out to Senator Kane We have sufficiently
with he Law nv hat
ishment have erected a warning
post sufficient to give understanding to all
in the future that they must not in any manner
offend against privileges or offer any insult to
the representatives of the State have we not done
enough? This is not reopeni7g OF the case it is
technically, nor, in the language of the Sem
a or from Alameda is it an application for new
trial IL is simply an application to this Senate for
pardon to criminal. 1t is claimed by the oppo-
nents OF this resolution that Senator Kane
purge himself from his contempt by divulging the
name OF the party. have naugbt to say in refer
that that it is true, and that he should
dvulge the name OF the party seeking to bride him.
But granting all that, it yet remains that Senator
| Kane has sinned and has suffered punishment, as
| he should, and bears that deserved punishment
man should Dug we not, then, to be wi ing to
| make the first advances towards closing this
happy and unpleasant gap in his life and his
| ton with this Senate? Blessed is he who forgives
Wren asked; blessed Is he who accepts advances
made in charity and peace but thrice blessed is he
| who, believing himself III the right extends the
hand of charity and friendship to him who has done
| wrong. | believe this Senate has done right l
| believe that this Senate ought to have inflicted
I severer punishment upon Senator Kane. But hay
ing inflicted the punishment that majority OF the
Senate deemed proper, and he having, | think, been
sufficiently punished, all we need at this time to do
| is, think, to say to Senator Kane will forget
this Senator Kane. We will let you go from the
| prison house. The resolut on introduced by the
| gentleman from the Tenth, Mr.. Dick son, and af-
| forwards withdrawn, and then again offered ny my
colleague will perhaps meet the views of majority
of this Senate. / have no desire to influence any
/ Senator's vote upon that proposition. AS stated
at the outset, introduced this resolution without
consulting any Senator save my colleague | intro
duced it without having read any of the newspaper
comments upon our action OF last night. | intro
duced it without insulting with S nator Thomas
Kane, directly or indirectly. introduced it beev-
ing just as strongly as stated last night, that
Senator Kane was guilty and should be punished.
| But | thought it was wise for US to show that
could forgive well punish. l introduced the
resolution for that purpose. trust that the reso-
luton will be adopted [ trust that will end the
matter. l am exceedingly sorry that some Senators
have called question and time not, however, during
my remarks, and have intimated that we ought not
to discuss this matter again, for regard it a very
important epoch in the history OF State. l APP