“He had not expressed any approval of the system; on the
contrary, he distinctly stated that _nothing but absolute
necessity for the safety of the State would justify it_.”[125]
I might occupy your time till evening in adducing the strong language
of reprobation which was employed at that time. I will conclude with an
extract from a speech of that remarkable Irish orator, Mr. Sheil, as
follows:--
“That which is deemed utterly scandalous in private life
ought not to be tolerated in any department of the State; and
from the Statute-Book, which it dishonors, this ignominious
prerogative ought to be effaced forever.”[126]
That brings me to the point, Sir, that there was an old statute of
Queen Anne which authorized the opening of letters at the Post-Office
under the order of a Secretary of State;[127] but, notwithstanding that
old statute, the system was reprobated. And now it is proposed, in the
maintenance of the privileges of the Senate, not in the administration
of justice before any court, but in the enforcement of the privileges
of the Senate, to penetrate the secrets of the Telegraph. I will not
undertake to say that you cannot do it. I content myself now with
calling attention to the magnitude of the question, and adducing it
as a new reason why you should hesitate in this whole business. You
see to what it conducts. You see in what direction you are travelling.
You see how, if you persevere, you will shock the conscience and the
sensibilities of the American people.
I do not believe that the American people will willingly see the
Telegraph rifled, any more than they will see the Post-Office rifled,
in order to maintain medieval, antediluvian privileges of the
Senate,--especially when those privileges cannot be deduced from any
text of the Constitution, but are simply inferred from the ancient,
primeval Law and Usage of Parliament. Not only the orators, but the
wits of the time, denounced the attempt in England to open letters.
Punch caricatured the Secretary who attempted it as “Paul Pry at
the Post-Office.”[128] But is not the Senate in the Report of our
Committee “Paul Pry at the Telegraph-Office?”
I make these remarks with a view of opening to the Senate the
importance of the question before them, that they may once more
hesitate and withdraw to the safe ground of the Constitution and the
Law; for there is nothing in the Constitution or in the Law that can
sanction the continued imprisonment of these witnesses. Even suppose
your proceedings have been from the beginning in all respects just and
proper, even suppose that you can vindicate them, in regard to which I
beg leave to express a sincere doubt, you cannot vindicate the attempt
to continue these witnesses in custody when you go away. Then they are
as free as you. If they are detained in prison, it is only because you
yourselves are imprisoned here in the discharge of your responsible
duties. When your imprisonment comes to an end, theirs comes to an end
also. You cannot go home and leave them captives. The Law will step in
and take them from your clutch. Better, then, in advance, by a proper
and generous resolution, to order their discharge, so that the Law will
not be compelled to do what you fail to do.
The resolution was agreed to,--Yeas 23, Nays 13.