National Republican., 1882-04-22


aEcs2 Is there anything in Mr. Kilbnun's con-
ducl2 Not SO. Ihsve dwelt upon his conduct. l
have dwell upon the start of this case 70 show the
attitude in which he comes before you-fshtng
n great battle for the liberty Of the citizen. lie
has done nothing uubecominE an honorable citi-
zen. lam glad TO stand here for him.
HB HAS REvoLurioNizRD THIS DEsPorIo
claim Of power that the House Of Representatives
has exercised so long. What was that claim OF
power2 am not going to dwell upon II again, as
/ once did at this bar. But / shrink appaledfrom
II when think oft. II was the claim Of power
that, without oath, without accusation, without
affdavit without Indictment. without present.
ment, without information, that branch Of Com
gress-not both branches, but a branch OF Con-
gress-could resolve itself into a court, where,
without trial, II could convict and sentence TO in
definite imprisonment any citizen Of the United
States who refused to answer any question they
proposed to him-auy question, no matter how
private, how secret. The House claimed 10 be the
judge of itself OF the proprioty Of the question
NOT YOU; you HAD no CHOICE.
The House proposed the question: aud proposed
to Judge of its propricty, aud no matter where II
reached, whatever might be the domestic relation,
II was not for you to say. No. Hyou did, under
this claim Of power, which is now broken and
shattered land the Rilbourn case will be pointed
out ia after years the point of time VIII en- II wns
broken), under that claim Of power they had the
right, without further trial than your refusal under
the Constitution, under It's express words, under
its mantle, they had the right to arrest you and
imprison you for an indefinite length Oftimc. The
House, perhaps might, out Of some sort of oonces-
sion, liberality, courtesy, what not, decree OF
| determine that their victim might go out Of jail
when they went ont fofce; but in the case OF the
Senate there would be no such concession, because
there is no term of existence to the Senate. And,
g,,F fat La, my n
| fault-and do not think II is
THE HOUSE OF REPRESENTATIVES WENT
or and LEFT Pat Wood In Jail for some weeks after
| ward when, 1 believe some Sergeant at. Arms
who was more respectful TO the Constitution than
| the House was itself, turned him out at last Do
| you ell me that that man ought not to have re-
| covered? The statute of limitations barred him.
He went away cowed and broken i'm spirit, as
dozens-I might say hundreds-of others have
been. They at last, however, struck the wrong
| man. But in other instances that could name
| by the scores they were thrust down In the
| crypt, OF those rooms that kept for imprison-
mont purposes, and remained there at the
will and phGsure of Congress And this was not
confined alone either to the House of Representa-
tves for the Senate has done it. This has not oc-
Cured since have been there-not that 1 could
have prevented 1t perhaps, but I certainly would
have tried at least. Gentlemen of the jury, It was
high time that the rule should be defined and de-
termined; that the Constitution should be Teas-
serted; that its great principles should be revived
as they have been i'm the Kilbourn case; and
further that the limits Of the power OF Congress
should be determined. Those powers should not
be allowed to overflow everything; to overflow
your hearthstOnes, to overflow your private
drawers, to overflow not merely your papers, hut
you mind and It's secrets
POWERS WHICH, IN THEIR
full assertion, as six years ago. could penetrate the
reccsses of your soul, and drag hence your secrets
your secret thoughts, or putyou in prison us long
as they pleased. 1t is high time this power should
he broken, and am glad to be able to recall tc
mind the fact that stood in this court, mostly
relying upon the writings and teachings Of thai
| great apostle of human liberty and constitutional
government, Thomas Jefferson for the correction
of this great evil. Authorities of courts, also: bu
his writings on the question were flood of light
demonstrating that this arbitrary pOwe
should not exist. Gentlemen of the jury, Let u
take another step in this case. The defense that 1
presented here of question of assessment ofdum
ages / hardly know how to treat. l will 81 eal
respectfully, of course, Of the counsel for the de
lense for feel that way; but IL was such trtinI
such belittling of the great fundamental right
of man; rights for the maintenance Of which mel
have walked unialteringy TO The scnffold 70
which nations have drawn the sword that wa
sorry to bear 1t. They told you that you ought nc
TO give much damage to this man, whose Who'll
fortune was broken, the current Of whose life wa
t changed, -
WHOSE LIFE WAS JEoPARDIzED
for two or three years but you ought not TO Civ
, him much damage because he was tAreate
kindly and as gentleman by Colonel Thompson
Is not Mr.. Rilbourn gentleman2 If Hallet Xii
bourn is not a gentleman have yet TO hear III
, fuct mentioned, and 7 have known him for
, quarter of century. We were young men To
, gether in Indiana. Why should he not be treate
as q gentleman2 In fact, in looking at my note
of Mr.. Smiths argument ] observe that he wa
dissatisfied on two points. First, he was dis
satisfied with the decision of the Supreme Cou
} of the United States and secondly, he wd
, dissatisfied because Kilbourn seemed TO have som
kindly treatment from Colonel Thompson. NJ
Hallet Kiboun was not burglar. He was not
forger; he was not n thief; he was not murderer
, he had killed nobody. Why should not he b
treated kindly? But 1t seems that that was CON
1 pensation in their minds, Gentlemen of the jur!
:, did YOU ever reflect on what Imprisonment Il
a DO you think that Il Carpeted floor would mako
s jail anything but n Jail if you were there? The
u ask you to put yourselves in Thompson's place.
:, have no complaint to make of John q. Thompso
+, know him well, and know that no truer, bett'
=, man lives than he Is. They ask you to put you
IS selves in his place.
o PUT YOURSELVES IN HALLET KILBOURNS PLACE
likewise, and then answer me whether a carp
|
d jail. Put yourselves in his place, and then answ
it me whether II picture on the walls would NAL
= those walls any less the walls Of prison. p
!. yourselves in his place, and then answer II
n whether although you can soace yourselves wit
y, glass of wine with your friends, whether 1t Is II
d the Jail still; whether these walls are not y
d prison walls, and whether, however goc
" the fare may be, whether IL is u
# still prison fare. Somebody has said tn
Of captives tears have waeTed their bread throul
rs ali the ages and that is true. The prison Is
l. prison-it matters not how you adorn It,
lie prison, gentlemen, liberty assumes its dearc
form. 1t is not for You to measure here In yo
Jury box how Hallet Kilbourn felt for those fort
n? five days Liberty Is said to be brightest in dul
W geons, for then its habitalion Is the human hea
er When 1t has 10 other habiation then 1t gro
re brighter That means simply to convey Il
I'd thought that man dwells on 1t then; he kno'
m what it means them he knows its value;
m counts that, and counts nothing less than that
L. counts
,? THEN THE PRICELESS HERITAGE OF LIBERTY
ii when he is deprived of II. The slave knew
Id value Of liberty better than you do. The man II
&c is deprived of blessing feels that blessr
pr brighter grow rs they fly away. So the enjo
le ment Of freedom, the right of constitution
principles, when you are deprived OF them, |
come then of their greatest value. Oh, how lii
lie (my friends will pardon me for saying SOY, h'
h. beneath the lowest point to which my contem
81 can descend Is defense based NJ on the fact Il
ng a man was allowed TO beard himself in
Is, and that he had the right to purchase some de
to caces at 81 so II day beyond the PRISON fare Il
,n, was allowed him. 1 cannot appreciate such
,ht fcnsc was born with mind that is incapa
th. of comprehending the force Of such an argumt
go The Jail rises up before me, The prison is The
nj, The deprivation OF liberty is there. Its darksol
ad weird shadows that gather in the evening WI
eat man wantsto go to his home, are all there TO