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6. These principles" said the great Jefferson, "form the bright constellation which has gone before us, and guided our steps through the age of revolution and reformation. The wisdom of og sages, and the blood of our heroes have been devoted to their attainment. They should be the creed of our political faith, the text of civil instruction, the touchstone by which to try the services of those we trust. AND SHOULD WE WANDER FROM THEM, IN MOMENTS OF ERROR AND ALARM, LET US HASTEN TO RETRACE OUR STEPS, AND TO REGAIN THE ROAD WHICH ALONE LEADS TO PEACE, LIBERTY, AND SAFETY." ;
But the Committee decline to pursue this discussion any further, the evidence is given in full-the public may take it and weigh it for themselves. Afterwhile they will pass their verdict upon itwhen those now in power will be brought back to a just realization THAT THE PEOPLE ARE THE GOVERNMENT, AND THAT THEY WILL NEVER YIELD UP THEIR PRECIOUS LIBERTIES--NEVER,
JASON B. BROWN,
CASE OF DR, THEODORE HORTON,
Dr. Theodore Horton being first duly sworn, testified as follows: Question by Mr. HOWARD
State when, where, and in what manner you were arrested, together with your name, age, occupation, your place of residence, and for what period you have lived at your present place of residence, and where and how long you were held in custody.
Answer--My name is Theodore Horton. I am thirty-nine years · of age; a practicing physician; reside at Bluffton, Wells county, State of Indiana; have resided there for the last fifteen years. I was arrested by W. H. Fitch on or about the 9th day of October, 1862, upon an order from D. G. Rose. On that night, at about eleven o'clock, and some time after I had retired to bed, I was aroused by a loud knock at my door; I bade the person to step in, and upon his doing so, I inquired what he wanted; he informed me that he wanted the assistance of a surgeon, as a friend had broke his leg, about three miles from town, on the road to Murray. I inquired the name of the person who had broke his leg, and was informed that it was Johnson. I then said that I knew of no person of that name living in that vicinity, when I was informed that he was a stranger, and that he was on his way to Bluffton riding in a covered carriage, and in the darkness of the night they had unfortunately upset, thrown him out and broken his leg. The messenger, who proved to be W. H. Fitch, informed me that he had his carriage at my door, and if I saw proper I could ride with him. I tried to excuse myself, but Fitch insisted, and I finally consented to ride with him on condition that he would bring me : back after I had performed his service. This he gave me the fullest assurance he would do. I then got into his carriage, and took the back seat. Mr. Fitch got in beside, and a person whom I afterward learned was Frank Burrass, got in, and seating himself
upon the front seat, took up the reins and drove off. We had gone about two miles from town, when Mr. Fitch remarked, as he was sitting upon my left side, that his arm was very sore beating against the side of the carriage; that he would be glad to exchange seats with me. I at once complied with his request, and changed seats with him. As soon as he had become seated, he said: “It is no use keeping this thing from you any longer. I am an officer, . and have been sent by Provost Marshal Rose to arrest you, and bring you at once before him at his office in Indianapolis.” I told him that I regretted that he had made the arrest in the manner he had, but would be better satisfied if he would turn back and let me inform my family where I was going, that they might not feel so uneasy about my absence, and also that I might have an opportunity to make some necessary changes in my apparel. Mr. Fitch informed me that it was out of the question, as he had to be at Huntington at 5 o'clock, A. M., to meet the train, and that he would not miss it for a hundred dollars. I then inquired for his authority. He informed me that he had it, but the darkness of the night being made impenetrable by clouds and rain, I could not read it until we arrived at some place where we could have the convenience of a light, which did not occur until we reached Huntington. Here Mr. Fitch put into my hands an order, issued by Marshal Rose, directing Messrs. Fitch and Bisbing to arrest me and bring me before him, at his office at Indianapolis. No crime was alleged or charge made, and Mr. Fitch informed me that he was entirely ignorant as to what the offense was upon which the arrest was made. At Huntington we got in company with Bisbing, who had accompanied Mr. Fitch to assist in making the arrest, but, in consequence of indisposition, was compelled to remain at that place.
In about three hours the train for Peru arrived, and I was put on board, and brought to Indianapolis. I was taken to the Federal Building and delivered to Marshal Rose, who conducted me to an apartment in the building and locked me in by myself. I remained here about three days, before I was aware of what the nature of the charge was for which I had been arrested and thrown into prison. Then, at my request, Marshal Rose brought forward an affidavit made by one John Phipps, an entirely irresponsible person, alleging that upon a certain occasion I had made use of language calculated to discourage enlistments.
I at once desired an examination, knowing the charge to be
most flagitiously false, and believing that they were founded in personal malice, made alone for the purpose of gratifying the basest passions of human nature, and perfecting a political conspiracy and intrigue, through the flagrant usurpation of power by government officials. But all efforts to obtain an investigation were unsuccessful, and after being kept in confinement for five weeks, was released by Marshal Rose, who informed me I was “a free man," and was “at liberty to go where I pleased." It is my impression that the affidavit of Phipps was made on the sixth day of October last, and I was arrested on the ninth of the same month.
Question by Mr. HANNA
State whether you ever made a request for examination or trial as to the causes of your imprisonment?
Answer— Yes, sir; I requested Mr. Rose to inform me; and I thought Mr. Rose had a discretionary power in the matter. My attorneys told me they could do nothing, as there were no precedents in law-no law governing the case.
Question by Mr. HANNA
State what Mr. Rose's response was to your question in that matter?
Answer-He said he had no discretionary power, but that he had telegraphed to Washington City, to the authorities there, for instruction, and was awaiting a response, expecting it from day to day, until the period of my release, for some weeks. For the first week or two, we were questioning him from day to day.
Question by Mr. HANNA
State whether at any time during your duress, Mr. Rose ever informed you by what authority you had been arrested, and by what authority he acted in the premises? - Answer-He never did. Question by Mr. HANNA
State whether you ever had any conversation with Governor Morton on the subject of your arrest during your confinement?
Answer-Not during my confinement.
C. A. A.-3
Answer—I do not recollect its date, but I do recollect the substance of it.
Question by Mr. HANNA-
Answer-It asserted that in the speech that I made that this was an Abolition war, and that Abe Lincoln's proclamation of September 22, capped the climax of the Abolition policy; that in appealing to the audience I asked them whether they would enlist to fight to free the negroes, and that I responded myself to the question, “no, no! you will not.” This was about the substance of it, but there were other points I do not remember.
Question by Mr. HANNA: Do you know Phipps, the affiant you have alluded to, when you see him?
Answer-Yes sir, I do.
Are you acquainted with his general character in the neighborhood where he lives for truth and veracity?
Do I understand you to say you were arrested on the night of the ninth of October ?
Answer-Yes, sir; I was.