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pursuance of the aforesaid special instructions; and the slave trade, it is instructive to read the letter rank of the officer who makes the search must not be less of J. P. Benjamin, Secretary of State of the than that of lieutenant in the navy, unless the command, “ Confederate” Government, to L. Q. C. Lamar, either by reason of death or other cause, is at the time held “Confederate" Commissioner at St. Petersburg, by an officer of inferior rank. Fourthly. The reciprocal right of search and detention which was intercepted and transmitted from shall be exercised only within the distance of two hundred St. Petersburg, March 3, 1863, by Bayard Taymiles from the coast of Africa, and to the southward of the lor, Chargé d'Affaires : thirty-second parallel of north latitude, and within thirty

CONFEDERATE STATES OF AMERICA, leagues from the coast of the Island of Cuba.

DEPARTMENT OF STATE, RICHMOND, January 15, 1863. 1862, June 26—Io Senate, the bill to carry source of unquestioned authenticity, that after tho recogni

Sir: It has been suggested to this Government, from a into effect this treaty, by providing for the offi- tion of our independence by the European Powers, an excials, &c., passed-yeas 34, nays 4, (Messrs. pectation is generally entertained by them, that in our

treaties of amity and commerce a clause will be introduced Carlile, Kennedy, Powell, Saulsbury.)

making stipulations against the African slave trade. It is July 7–The bill passed the House without a even thought that neutral Powers may be inclined to insist division.

upon the insertion of such a clause as a sine qua non. 1863, February 17-The treaty was modified You are well aware how firmly fixed in our constitution

is the policy of this Confederacy against the opening of that by the addition of an article authorizing the trade; but we are informed that false and insidious suggesexercise of the reciprocal right of visit and tions have been made by the agents of the United States at detention within thirty leagues of the island of European courts of an intention to chango our constitution Madagascar, within thirty leagues of the island ation of slaves from Africa. If

, thereforo, you should find of Puerto Rico, and within thirty leagues of the in your intercourse with the Cabinet to which you aro ucisland of San Domingo.

credited that any such impressions are entertained, you will

use every proper effort to remove them; and if an attempt THE “CONFEDERATE RECORD.

is made to introduco into any treaty which you may be

charged with negotiating stipulations on tho subject just Soon after the adoption of their Constitution mentioned, you will assume in behalf of your Government in 1861, the rebel Congress passed a bill in re- the position which, under the direction of the President, I

now proceed to develop. lation to the slave trade, which JEFFERSON DA

The constitution of the Confederate States is an agreement vis returned, with his objections, as follows: made between independent States. By its torms all the EXECUTIVE DEPARTMENT,

powers of government aro soparated into classes as follows,


February 28, 1861. GENTLEYEN OF CONGRESS: With sincere deference to the

1. Such powers as the States delegate to the General Gov. judginnt of Congress, I have carefully considered the bill in relation to the slave trade, and to punish persons offend. cising, although they do not delegate them to the General

2. Such powers as the States agree to refrain from exering therein, but have not been able to approve it, and,

Government. therefore, do return it with a statement of my objections. The Constitution—section seren, article one-provides the General Government, thonght proper to exercise, by di

3. Such powers as the States, without delegating them to that the importation of African negroes from any foreign rect agreement between themselves contained in the concountry other than slaveholding States of the United States

stitution. is hereby forbidden, and Congress is required to pass such lys as shall effectually prevent the same. The rulo heroin delegated to the Confederate States by the constitution, nor

4. All remaining powers of sovereignty which, not being giren is emphatic, and distinctly directs the legislation prohibited by it to the States, are reserved to the States, which shall effectually prevent the importation of African degrees. The will before mo denounces as high misdemeanor respectively, or to the people thereof.

On the formation of the constitution, the States thought the importation of African negroes, or other persons of color, either to be sold as slaves or to be held to service or ject of slavery, by tho direct exercise of their own power,

proper to prevent all possible future discussions on the sublaber, affixing heavy, degrading penalties on the act if done and delegated no authority to the Confederate Government, with xoch intent. To that extent it accords with the requirements of the Constitution, but in the sixth section of savo immaterial exceptions, presently to be noticed. the bill provision is made for the transfer of persons who

Especially in relation to the importation of African nemay have been illegally imported into the Confederate groes was it deemed important by the States that no power States to the custody of foreign States or societies, upon The States, by the Constitution, (which is a treaty between

to permit it should exist in the Confederate Government. condition of deportation and future freedom, and, if the themselves of the most solemn character that States can preposition thus to surrender them shall not be accepted, make,) unanimously stipulated “that the importation of it is then made the duty of the President to cause said negoes to be sold at public outcry to the highest bidder in negroes of the African race, from any foreign country other any one of the States whero such sale shall not be incon- States of America, is hereby forbidden; and Congress is re

than the slaveholding States or Territories of the United sistent with the laws thereof. This provision seems to me quired to pass such laws as shall effectually prevent the to be in opposition to the policy declared in the Constitu

same." (Art. 1, sec. 9, par. 1.) to-the prohibition of the importation of African negroes It will thus be seen that no power is delegated to the und in derogation of its mandate to legislate for the effec- Confederate Government over this subject, but that it is in. tuation of that object. Wherefore the bill is returned to cluded in the third class above referred to, of power oxersin for your further consideration, and, together with the cised directly by the States. objections, most respectfully submitted.

It is true that the duty is imposed on Congress to pass JEFFERSON DAVIS.

laws to render effectual tho prohibition above quoted. But This peto was sustained by the following vote this very in position of a duty on Congress is the strongest -the question being, “Shall the bill pass not- proof of the absence of power in the President and Senito

alone, who are vested with authority to make treatics. In withstanding the President's objections ?”

a word, as the only provision on the subject directs the two Yzus-Messrs. Curry and Chilton, of Alabama; Morton branches of the legislativo department, in connection with ad Owens, of Florida; Toombs, II. Cobb, T. R. R. Cobb, / the President, to pass laws on this subject, it is out of the Butow, Nislet, and Kenan, of Georgia; Rhett, Barnwell, power of the President, aided by one branch of the legislaKeitt

, and Miles, of South Carolina; Ochiltree, ot' Texas-15. tivo department, to control tho samo subject by treaties; NA75-Messrs. Smith, Ilale, Shorter, and Fearn of Alaba- for there is not only an absence of express delegation of ER; Wright and Stephens, of Georgia; DeClouet, Conrad, authority to the treaty-making power, which alone would Keaner, Sparrow, and Marshall, of Louisiana;' Ilarris, suffice to prevent the exercise of such tuthority, but there Ruske, Wilson, Clayton, Barry, and Ilarrison, of Mississippi; is the implied prohibition resulting from the fact that all Chengt, Witlers, and Boyce, of South Carolina; Reagan, duty on the subject is imposed on a different branch of the Waul, Gregs, and Oldham, of Texas—24.


I need scarcely enlargo upon the familiar principle, that INTERCEPTED " CONFEDERATE DESPATCH UPON authority expressly delegated to Congress cannot be re

sumed in our Government by the treaty-making power. THE AFRICAN SLAVE TRADE.

The authority to levy and collect taxes, to coin money, to As showing the temper of the “Confederate” declare war, &c., &c., are ready examples, and you can be Government upon the revival of the African I recognized a princivle.

at no loss for argument or illustration in support of so well

The view abore expressed is further enforced by the
Case in the Constitution which follows immediately that from the Headquarters of the Army at Wash-

July 1, General Banks, in pursuance of orders the sume section provides that"Congress shall also have ington, arrested the four first-named members, power to prohibit the introduction of shives from any State for these reasons: not a menaber of, or territory not belonging to, this Confederacy." Licre there is no direct exercise of power by the

The incidents of the past week afforded fall justification States which formed our Constitution, but an express dele- for this order. The headquarters, under the charge of the gution to Congress. It is thus seen that while the States board, when abandoned by the officers, resembled in some were willing to trust Congress with the power to prohibit respects, a concealed arsenal. After public recognition and the introduction of African slaves from the United States, protest against the suspension of their functions," they they were not willing to trust it with the power of prohib- continued their sessions daily. Upon a fori ed and unwar. iting their introduction from any other quarter, but deter- rantableconstruction of my proclamation of the 2. th ultimo, mined to insure the execution of their will by'a direct in they declared that the police law was suspended, and the terposition of their own power.

police officers and men put off duty for tho present, intend. Moreover, any attempt on the part of the treaty-making ing to leave the city without any police protection whatpower of this Government to prohibit the African slave

ever. They refused to recognize the officers or men neces trade, in addition to the insuperable objectious above sug

sarily selected by the provost marshal for its potertion, gested, would leavo open the implication that the same

and hold subject to their orilers, now and bereifrer, the old power has authority to permit such introduction. Nosuch police forco, a large body of armed men, for some purpose implication can be sanctioned by us. This Government un

not known to the Government, and inconsistent with its equivocally and absolutely denies its possession of any pow.

peaco or security. To anticipato any intention or orders er whatever over the subject, and cannot entertain any

on their part, I have placed temporarily a portion of the proposition in relation to it.

force under my command within the city. I disclaim on While it is totally beneath the dignity of this Govern- the part of tho Government I represent, all desire, interment to give assurances for the purpose of vindicating it

tion, and purpose to interfere, in any manner whatever, self from any unworthy suspicions of its good faith on ibis with the ordinary municipal affairs of the city of Baltimore subject, that may be disseminated by the agents of the Whenever a loyal citizen can be named who will executa United States, it may not be improper that you should point its police laws with impartiality and in good faith to the out the superior efficacy of our constitutional provision to

United States, the military forco will be withdrawn from any treaty stipulations we could make. Tho constitutiou

tho central parts of the municipality at once. No soldier is itself a treaty between the States, of suchi binding force, I will be permitted in the city, except under regulations satthat it cannot be changed or abrogated without the deliber? isfactory to the marshal; and it any so admitted violato ato and concurrent action of nine out of the thirteen States the municipal law, they shall be punished according to the that compose the Confederacy. A treaty might be abrogated civil law, by the civil tribunals, by a party temporarily in power in our country, at the sole They were transferred to Fort Lafayette, and risk of disturbing amicablo relations with a foreign Power. The Constitution, unless by approach to unanimity, could

on the 6th of August, Judge Garrison of Brooknot be changed without the destruction of this Government lyn, issued a writ directing Col. Burke to proitself; and even should it be possible hereafter to procure duce the persons in court. Col. Burke declined the consent of the number of States necessary to change it, on the authority of an order from Lieut. Gen. to check rash innovations, would give anıple time for the Scoti. Col. Burke was then cited to answer for most mature deliberation, and for strenuons resistance on contempt of court, but he did not appear, and the part of those opposed to such a cha'ge.

Aftor all, it is scarcely the part of wisdom to attempt to August 22, Judge Garrison, “submiting to inimposo restraint on the actions and conduct of men for all evitable necessity,” dismissed the proceedings. future time. The policy of the Confederacy is as fixed an 1 They were subsequently released." See Presiimmutable on this subject as the imperfection of human na- deni's Orders, p. 154. ture permits human resolve to be. No additional ments, treaties, or stipulations can commit these States to the prohibition of the African slave trado with more biod.

ARREST OF MEMBERS OF THE LEGISLATURE OF ing efficacy than those thoy bave themselves devised. A

MARYLAND. just and generous confidence in their good faith on this sub

NEWSPAPER ACCOUNT. ject, exhibited by friendly Powers, will be far more cflicacious thun persistent efforts to induce this Government to

By Telegraph to the Associated Press. assume the exercise of powers which it does not possess, and BALTIMORE, Sept. 13.- The Provost Marslial, George P. to bind the Confederacy by ties which would have no consti. Douge, this morning, before day, arrested the Mayor of tutional validity. Wo trust, therefore, that no unnecessary Baltimore, Mr. Brown, and Messrs. Chas. S. Pitts, Lawrence discussion on this matter will be introduced into your Sangston, 8. Teachle Willis, T. Parkin Scott, and Reiss negotiations. If, unfortunately, this reliance should prove Wivans, members of the Mirryland Laki-lature of Bill: inore iil-founded, you will decline continuing negotiations on city, and F. K. IIowarı, the criter of the Eschunga news. your side, and transfer them to us at home, where, in such piquer. They were taken to Port Hellenry event, they could be conducted with greater fucility and BALTIMORE, Spl. 13.--The following uchlitional arrrsts advantage, under the direct supervision of the President. have been made: Messrs. Dermison, Quinlan, :111 Dr. Lynch, With great respect, your obedient servant,

members of thio Legislature from Baltimore county : und J. P. BENJAMIN, Secretary of State. Messrs. Ilonry M. Wurticle, Dr. J. Ilunsun Thomas, John C. Hon. L. Q. C. LAMAR,

Brune, city members; also, Thomas W. Lull, elitor of the Commissioner, &c., &c., St. Petersburg, Russia, South newspaper.

The day of the mecting of tho Legislature is Tuesday Arrests of Citizens, and the writ of the Government wils to hoittomptes!. All the arrests malo

next, when, it is suspected, further legislation hostile to Habeas Corpus.

were under orders direct from the War Department.

BALTIMORE, Sept. 13.--I just hear of the arrest of Henry June 27, 1861, Major General N. P. Banks, May, member of Congress; also, IIenry M. Morfit and w. commanding the Department of Annapolis, had G. Harrison, members of tho Legislature from this city. George P. Kane, Chief of Police of Baltimore, city delegates. Upon the arrest of Gordon, (member of the arrested for being, in contravention of his duty Maryland Legislature) somo days ago, papers were found and in violation of law, by direction or indirec- in luis baggage reading like amendments to be offered to a tion, both witness and protector to transactions proposed secession ordinance to be brought up at the coming

meeting of the Legislature. hostile to the authority of the Government, and BALTIMORE, Sept. 18.–The police are arresting secession to conspirators avowedly its enemies.

members of the Legislature as fast ils they reach this city, Same day, Charles Howard, Wm. II. Gatchell, for the meeting of the Legislature, but there can be no quo

on their way to Frederick. To-morrow is the day set a part Charles D. Hinks, John W. Daris, and George rum present, as nearly threa fourtis of both Ilouses are Wm. Brown, Mayor and ex-officio member of secessionists, all of whom it is presumed, will be arrested. Board of Police of Baltimore, protested against and Messrs. Landing and Raisin, of tho Ilouse of Delegates,

This evening Messrs. Dennis and Heckart, of the Senate, the arrest of Marshal Kane, and the suspension wero arrested. There are now fifteen members of the Ilonse of the Board of Police, by a militar» provost and three of the Senate under arrest. Many of the mem

bers cannot be found, and have, it is said, fled from the marshal.



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[From the Baltimore American.)

Ex-Mayor James G. Berret, of Washington, We are not adrised of the specific charges against those was arrested in August, but released SeptemDie molers of the Legislature and others prominent as public ber 12, 1861, on taki:g the oath of allegiance, functionaries who have been arrestid in the State by order of the General Government; but, from what has already oc- and resigning the office of mayor. cond, ihe inference seems safe crough that the reasons Ellis B. Schnable, of Pennsylvania, was also Fire such as were fully justified in the needful preservation of the peace of the state. One thing is certain-that the arrested late in August. majo.ity of the distinguished by thius interfered with was James W. Wall, of Burlington, N. J., was tony bly disloval; and judging from what they already arrested, and others. bare done, and their persistent waiting for something to hapo po tugit them a chance to do something more in the di- ORDERS ON WHICH CERTAIN ARRESTS WERE fection of “State sovereignty," we believe they thought the

MADE tálne saight come when they might follow other iilustrious examples and treat the State to that outrago upon the peo

Seeretary of War to General Banks. ple, the constitution, and the Union, a "secession ordinance."

WAR DEPARTMENT, Sept. 11, 1861. To:y are effettually estopped from such a purposo now, and GENERAL: The passage of any act of secession by tho wilave a chance to reflect at their leisure on their utter Legislature of Maryland must bo prevented. If necessary dergard of the wishes of the poople in treir doingg. all, or any part of the members must be arrested. Exercise

Thir astsunding disregarlor polar sentiment, definitely your own judgment as to the tinio and manlor, but do the bun, has been the chief feature in the secessioni movement, work effectually. ani laryland has only escaped the worst consequences of it Very respectfully, your obedient servant, bi the firm action of the Governor in the first instance, and

SIMON CAMERON, * by the interposition of the strong hand of the General

Secretary of War.

Gen. McClellan to Gen. Buks.
FREDERICK, Md., September 18, 1861.

[CONFIDENTIAL.) To Major General BAJKR, Darnestown:

HEADQUARTERS ARMY OF THE POTOMAC, Bir: I have just telegraphed to General Dix that we have

WASHINGTON, Sept. 12, 1861. seized seven members of the house of a very bitter character,

GENERAL: After full consultation with the President, and hou ofb-ers, clerks, &c., who are intensely bitter, and are said to have been very forward and to have kept some of Secretaries of Stute, War, &c., it has been decided to effect

the operation proposed for the 17th. Arrangements have the weaker men up to the work. Several arrests were made of Valent or resisting persons, whom I shall let go after the receive tho prisoners and carry them to their destination.

been made to have a Government steamer at Anuapolis to others are gone. I shall send four men at least to General

Some four or five of the chief men in the affair are to be Du, at Baltimore, who are very bad men. I have advised

arrested to-day. When they meet on the 17th, you will Cvjudel Rugur to send to Sharpsburg Landing to seizu 500 tacks of talt

, which are waiting for the Southerners to come please have everything prepared to arrest the wholo party, and take them. They have tried twice to do it. We have and be sure that nono escape. also beard of some arms which the colonel will look up: Gov. Seward the mouus operandi. It has been intimated to

It is understood that you arranged with Gen. Dix and There is a very bitter man here, a Mr. Sinn, who is currently me that the meeting might take place on the 14th; please reporte-I ty General Shriver and others to be the medium of bo prepared. I would be glad to havo you advise ne freof the members are: B. S. Salmon, R. C. McCubbin, J. 11. quently of your arrangements in regard to this very iinGedua, C. J. Durant, Thomas Clegkett, Andrew Kessler,

portant matter.

If it is successfully carried out it will go far toward and Bernard Mills. We shall get T. Lawrence Jones. Thó officers of the Legislaturo: J. N. Brewer, Chief Clerk sen- / breaking tho backbone of the rebellion. It would probably Ste: Thomas Moure, reuling du; Samuel Penrose, jr., As

be well to have a special train quietly prepared to take

prisoners to Annapolis. extant; 2. Kiljure, reading dio.; Milton Kidd, Chief of tho House. Ar. Jones is taken; Edward Houser, citizen; Riley, discretion and have but onų thing to impress upon you

I leave this exceedingly inipurtant affair to your tact and very bad.) Printer to the Houst; John Hogan, (very bad,) the absoluto necessity of secrecy and success. With thu citizen; Joseph Elkins, do.; Mr. Mason, Folder to the line. We shall leave here for headquarters this after highest regard, I am, my vlear General, your sincere friend,

GEO. B. MCCLELLAN, En. The arrested were nearly all seized by the police

Maj. Gen. U. S. A. I am, yours respectfully, R. MORRIS COPELAND,

Copy of Gen. Banks's instructions concerning the Legislature. Aid-de-Camp.

(IMPORTANT AND CONFIDENTIAL.) Wr. McCubbin is a person whom I should reconimend you to si at large if he takes the oath, which I have no doubt

HEADQUARTERS, CAMP NEAR DARNESTOWN, te riil. He is brother-in-law to General liammond, and a

September 16, 1803. man noch rispectel; also a man of rather timid nature, Lieut. Col. RUGER, Commanding Third Wisconsin reyiment, and greatly troubled by his arrest. General Shriver has on special service at Frederick: bere very active for us, and is very carnest that we should SIR: Tho Legislature of Maryland is appointed to meet in let him go on thesi terns. If you can do it, it will bo well special session to-morrow, Tuesday, Sept. 16. It is not imtelegraph to Annapolis to have the oath tendered, and possible that the members, or it portion of then may be Persze him. I should do it under my instructions, only deterred from meeting there ou account of certain arrests that Colonel Ruger thinks he has no authority to ullow any recently made in Baltimore. It is also quito possible ha a the list any liberty.

R. M. C. that on tho first day of meeting the attendance may be

small. Of the facts, as to this matter, I shall sco that you OTHER ARRESTS.

are well informed, as they transpire. It becomes necessary PHILADELPHIA, August 19. that any meeting of this Legislature, at any placu or time, Pierce Butler was arrested this afternoon by the United shall bo prevented. States Marshal by order of Secretary Cameron.

You will hold yourself and your command in readiness to taken to New York this evening, en route to Fort IIamil

arrest the members of both llouses; a list of such as you

are to detain will be enclosed to you, herewith, among whom LOUISVILLE, &ptember 19.

are to be specially included the presiding officers of the two Early this morning the United States Marshal seized the houses, secretaries, clerks, and all subordinato officials. Let chce of the Louisrille Courier, arrested ex-tjovernor More arrests should be made while they are in session, I think.

the arrests be certain, and allow no chance of failure. The - Reuben T. Murrett, one of the proprietors of the Coties, and Martin W. Barr, telegraplıic news reporter foc premises. 'I an informed that escnpo will bo impossible, if

You will, upon the receipt of this, quietly exiuning the ut der Orleans press, on charges of treason or complicity tho entrance to the building bo held by you, of that you will with treasun. The prisoners were all carried to Jeffersou; judge upon examination. If no session is to bo held, you Dile and will be transferred to the custody of the Marshal will arrest such members as can be found in l'rederick. The indida district.

process of arrest should be to enter both ílouses at the same CINCINNATI, September 26. time, announcing that they were arrested by orders of tho Yesterday afternoon Lieutenant Colonel Letcher, with a Government, command them to remain as they are, subject etaeliment of Colonel Woodward's regiment, captured to your orders. James B.Olay, with sixteen of his inen, while on the way Any resistance will be forcibly suppressed, whatever the

o na Zollicoter. They were taken to Camp Dick Robin consequences. Upon theso arrests being effected, the metabat Jhn C. Breckinridge was with their party in this bers that are to be detained will be placed on board a special diy, but escaped.

train for Annapolis where a steaner will await them.

Ile was

Everything in the execution of these orders is confided to Executive Order No. 2- In Relation to State Prisoners. your secrecy, discretion, and promptuess.


It is ordered:
The Cuse of Algernon S. Sullivan.

First. That a special commission of two persous, one of
DEPARTMENT OF STATE, military rank and the otber in civil life, be appointed to

WASHINGTON, September 10, 1861. examine the cases of the State prisonersremaininginibe milTO LANIEL LORD, Esq., New York:

itary custody of the United States, and to determine whether Sir: I have received your letter of yesterday relating to

in view of the public safety and the existing rebellion, they Algernon S. Sullivan, a political prisoner now in custody at should be discharged, or remain in military cusidy, or be Fort Lafayette. This Department is possessed of treason remitted to the civil tribunals for trial. able correspondence of that person which no right or privi- Secoud. That Majur General John A. Dix, commanding lege of a lawyer or counsel can justify or excuse. Thu pub- in Baltimore, and the lion. Edwards Pierrepont, of New lic safety will not admit of his being discharged.

York, be and they are hereby appointed Commissioners for In view of the many representations made to me in this

the purposes above mentioned, and they are authorized to case, I pray your excuse for giving this letter to the public. examine, hear, and determine the cases aforesaid ex parte With great respect, sir, your obedient servant,

and in a summary manner, at such times and places as in WILLIAM H. SEWARD. their discretion they may appoint, and make full report to

the War Department. The Case of Robert Elliot.

By order of the President:


Secretary of War.
WASHINGTON, Oclober 4, 1861.

To his Excellency ISRAEL WASHBUT.N, Augusta, Me.:
GOVERNOR: Application has been made to the President for

WAR DEPARTMENT, the release of Robert Elliot, a political prisoner held in cus

WASHINGTON, November 22, 1862. tody at Fort Lafayette.

Ordered-1. That all persons now in military custody, Tho evidence taken in his case shows that he had not only who havo been arrested for discouraging volunteer enlistconceived the purpose of treasonablo co-operation in the ments, opposing the draft, or for otherwise giving aid and State of Maine with the insurrectionary citizens arrayed in

comfort to the enemy, in States where the draft has been arms, in other States, for the overthrow of the Government made, or the quota of volunteers and militia has been furand the Union, but that he had even gone to the extreme nished, shall bo discharged from further military restraint. length of getting up an unlawful armed force to operate in

2. The persons who, by the authority of the military comMaine against the lawful action of tno State and of the Fed- mander or governor in rebel States, have been arrested and eral Government. His associates in that treasonable enter- sont from such State for disloyalty or hostility to the Govprise, since his arrest, bave taken an oath of allegianco to

ernment of the United States, and are now in military cusihe United Staies. This proceeding is very proper in itself. tody, may also be discharged upon giving their parole to do But the representations they nake, that they and he were

no act of hostility against the Government of the United loyal to the Union at the time when they were combining States, nor render aid to its enemies. But all such persons in arms against it, cannot be accepted, at least in his behall. shall remain subject to military surveillance and liable to It appears that he is too intelligent to misunderstand the arrest on breach of their parolo. And if any such persons legitimate tendency of his criminal acts. lle cannot be re-shall prefer to leave tho Toyal States on condition of their leased. On the contrary, your vigilance in ferreting out the not returning ugain during tho war, or until special leave couspiracy and in arresting it, by denouncing it to the Gov- for that purpose be obtained from the President, then such ernment and the country, is deemed worthy of especial com

person shall, at his option, be released and depart from the mendation.

United States, or be conveyed beyond the military lines of If any of the other offenders are still persisting in their the United States forces. treasonable course, you will, I am sure, not fail to give in

3. This order shall not operate to discharge any person formation to this Department.

who has been in arms against the Government, or by force I have the honor to be, very respectfully, your obedient and arms has resisted or attempted to resist the draft, nur servant, WILLIAM H. SEWARD. relieve any person from liability to trial and punishment

by civil tribunals, or by court-martial or military conimis THE PRESIDENT'S ORDERS.

sion, who may be amenablo to such tribuuals for offences

comunitted. 1862, February 14–The PRESIDENT issued an By order of the Secretary of War: order reciting the circumstances of the country,

E. D. TOWNSEND, the defection of officials in every department,

Assistant Adjutant General. the treason which pervaded and paralyzed ARREST OF JOHN MERRYMAN AND PROCEEDINGS every branch of the service, in justification of

THEREON. the resort to extraordinary measures, and adds :

1861, May 25—John Merryman, of Baltimore

county, Mu., was arrested, charged with holding Meantime a favorable change of public opinion has occurred. Tho lino between loyalty and disloyalty is plainly a commission as lieutenant in a company arowdefined; the whole structuro of the Government is firnı anding its purpose of armed hostility against the stablo; apprehensions of public danger and facilities for Government; with being in communication treasudahlo practices havo diminished with the passions with the rebels, and with various acts of treawhich prompted heedloss perfony to adopt them. The insurrection is believed to have culminated and to be declin- | 80n. He was lodged in Fort McHenry, in coming.

mand of Gen. Geo. Cadwalader. Me.ryman at The President, in view of these facts, and anxious to favor a return to tho normal cour-o of Ibo Administration, as far once forwarded a petition to Chief Justice as regard for the public welfaro will allow, directs that all Roger B. Tuney, reciting his arrest, and praying political prisoners or State prisoners now held in military for a writ of habeas corpus and a hearing. The custody, be released on their subscribing to a parole otgag- writ was issued for the 27th, to which General ing them to render no aid or comfort to the enemies in hos lility to the United States.

Cadwalader declined to respond, alleging, among The Secretary of War will, however, at his discretion, other things, that he was duly authorized by as spies in the service of the insurgents, or others whose the President of the United States to suspend release at tho present moment may be deemned incompati- the writ of habeas corpus for the public safety. ble with the public salety.

May 27, the Chief Justice issued a writ of atTo all persons who shall bo so released, and who shall tachment, directing United States Marshal past offences of treason or disloyalty which they may havo Bonifant to produce the body of General Cad. committed. Extraordinary arrests will hereafter bo marle under the his contempt in refusing to produce the body

walader on Tuesday, May 28 h," to answer for direction of the military authorities alono. By order of the President:

of John Merryman." May 28th, the Marshal EDWIN M. STANTON, replied that he proceeded to the fort to serve Secretary of War.

the writ, that he was not permitted to enter the 1862, February 27—The PRESIDENT issued gate, and that he was inforined “ there was no this order:

answer to his writ.”


having the prisoner thus in custody upon these vague and I ordered the attachment yesterday, because upon the unsupported accusations, he refuses to obey the writ of face of the return the detention of the prisoner was unlaw. habeas corpus, upon the ground that he is duly authorized fal upon two grounds.

by the President to suspend it. 1. The President, under the Constitution and laws of the The case, then, is simply this: A military officer residing Cnited Stats, cannot suspend the privilege of the writ of in Pennsylvania issues an order to arrest a citizen of Maryhabeas corpus, nor anthorize any military officer to do so. land, upon vague and indefinite charges, without any proof,

2 A military officer has no right to arrest and detain a so far as appears. Under this order his house is entered in perron, not subject to the rules and articles of war, for an the night; he is seized as a prisoner, and conveyed to Fort ofence ng unst the laws of the United States, except in and McHenry, and there kept in close confinement. And when of the judicial authority and subject to its control; and if a habeas corpus is served on the commanding officer, requir the party is arrested by the military, it is the duty of the ing him to produce the prisoner before a Justice of the Sucicer to deliver him over immediately to the civil author- preme Court, in order that he may examine into the legality ity, to be dealt with according to law.

of the imprisonment, the answer of the officer is that he is I forlzoro yesterday to state orally the provisions of the authorized by the President to suspend the writ of habcas Constitution of the United States which make these prin- corpus at his discretion, and, in the exercise of that discreciples the fundamental law of the Union, because an oral tion, suspends it in this case, and on that ground refuses statement might be misunderstood in some portions of it, obedience to the writ. and I shall therefore put my opinion in writing and file it

As the case comes before me, therefore, I understand that in the office of the Clerk of the Circuit Court, in the course

the President not only claims the right to suspend the writ of this week.

of habeas corpus himself, at his discretion, but to delegato

that discretionary power to a military oflicer, and to leave After reading the above, the Chief Justice it to him to determine whether he will or will not obey juorally remarked:

dicial process that may be served upon him.

No official notice has been given to the courts of justice, In relation to the present return, I propose to say that

or to the public, by proclamation or otherwise, that the the marshal has legally the power to summon out the posse President claimed this power, and had exercisei it in the Beritatis to seize and bring into court the party named in

manner stated in the return. And I certainly listened to it the attachment; but it is apparent ho will be resisted in

with some surprise, for I had supposed it to be one of those the discharge of that duty by a force notoriously superior points of constitutional law upon which there was no differto the poore comitatus, and such being the case, the Court

ence of opinion, and that it was admitted on all hands that bas no puwer under the law to order the necessary force to

the privilege of the writ could not be suspended except by ompel the appearance of the party. If, however, he was

act of Congress. before the Court, it would then impose the only punishDeat it is empowered to inflict—that by fine and imprison became so formidable, and was so extensively ramified as to

When the conspiracy of which Aaron Barr was the head Deut.

Under these circumstances the Court can barely say, to- justity, in Mr. Jefferson's opinion, tho suspension of the writ, day, I shall reduce to writing the reasons under which I ho claimed, on his part, no power to suspend it, but coinhave acted and which have led me to the conclusions, ex-possession, in order that Congress might exercise its discre

municated his opinion to Congress, with all the proofs in his pressed in my opinion, and shall report them with these

tion upon the subject, and determine whether the public proceedings to the President of the United States, and call apa huin to perform his constitutional duty to enforce the safety required it. And in the debate which took place upon kus; in other words, to enforcoʻtho process of this Court. cise the power himself, if, in his opinion, the public safety

the subject no one suggested that Mr. Jefferson might exer. This is all this Court has now the power to do.

demanded it. Subjoined is the opinion of the Chief Jus- Having, therefore, regarded the question as too plain and tice:*

too well settled to be open to dispute, if tho commanding

officer had state that upon his own responsibility, and in Ex parle JOHN MERRYMAN.

the exercise of his own discretion, ho refused obedience to Before the Chief Justice of the Supreme Court of the the writ, I should have contented myself with referring to United States, at Chambers.

tho clauso in the Constitution, and to the construction it The application in this case for a writ of habeas corpus

received from every jurist and statesman of that day, when is due to me under the 14th section of the judiciary act notified that the privilege of tho writ has been suspended

the case of Burr was before them. But being thus officially 1729, which renders effectual for the citizen the consti

under the orders and by the authority of tho President, and toti Dal privilege of the writ of habeas corpus

That act puses to the courts of the United States, as well as to each believing as I do that tho President has exercised a power Juatire of the Supreme Court, and to every District Judge, respect for the high oflice lio fills requires nio to state plainly

which he does not possess under the Constitution, a proper power to grant writs of habeas corpus, for the purpose of and fully the grounds of my opinion, in order to show that sa inquiry into the cause of commitment. Tho petition I havo not ventured to question the legality of his

act withwas presenta to me at Washington, under tho impression out a careful and deliberato examination of the wholo subject. that I would order the prisoner to be brought before ino there, but as he was confined in Fort McHenry, at the city pension of the privilege of the writ of habeas corpus is in

The clauso in the Constitution which authorizes tho sus Baltin re, wlich is in my circuit, I resolved to hear it

the ninth section of the first article. in the latter city, as obedience to the writ, under such This articlo is devoted to the Legislativo Department of circumstances, would not withdraw Gen. Cadwalader, who the United States, and has not the slightest reference to the had him in charge, from the limits of his military command. Executivo Department. It begins by providing “ that all The petition presents the following case: The petitioner legislative powers therein granted shall bo vested in a Conlesides in Maryland, in Baltimore county. While peaceably gress of the United States, which shall consist of a Senate ia bis own house, with his family, it was at two o'clock, on and House of Ripresentatives." And after prescribing tho the morning of the 25th of May, 1861, entered by an armed

inanner in which theso two branches of the legislative deSerce, profesing to art under military orders. Ho was then compelled to rise from his bed, taken into cus-cally the legislativo powers which it thereby grants, and

partment shall be chosen, it proceeds to enumerato specifitoly, and conveyed to Fort Mcllenry, where he is im- legislative powers which it expressly prohibits, and, at the proflly the commanding officer, without warrant from conclusion of this specitication, a clauso is inserted giving say lasin) anthority:

Congress “the power to make all laws which may be necesTbe contaander of the fort, Gen. Georgo Cadwalader, by sary and proper for carrying into execution tho foregoing when he is detained in confinement,

his return to the

powers, and all other powers vested by this Constitution in Frit, does not deny any of the facts alleged in the petition. I the Government of the United States or in any department He states that the prisoner was arrested by order of Gen. or offico thereof." Kim. of Pennsylvania, and conducted as a prisoner to The power of legislation granted by this latter clause is Et Wallenry ly his order, and placed in his (Gen. Cad by its word carefully confilied to the specific objects before Faleiro) custody, to be there detained liy him as a prisoner. cnumerated. But as this limitation was unavoidably & copréf the warrant, or order, under which the prisoner somewhat indetinite, it was deemed necessary to guard was arteated, was demanded by his counsel, and refused. more etlectually certain great cardinal principles essential And it is not alleged in the return that any specific act, con- to the liberty of the citizen and to the rights and equality stituting an olence against the laws of the United States, of the States by denying to Congress, in expr 88 terms, kas lien charged aguunst him upon oath; but he appears any power of legislation orer them. It was apprehended, to lovelwn arrested upon general charges of treason and it seems, ihat such legislation might bo attempted under Teks-blivit, without proof, and without giving the names of the pretext that it was necessary and proper to carry into the visces, or specilying tho ucts, which, in the juus; execution the powers granted; and it was determined that Hent of the military officer, constituted these crimes. And there should be no room to doubt, where righ'n of such

vital importance were concerned, and accordingly this • For a reply by Hon. Reverdy Johnson, bec Moore's clauso is immediately followed by an enumeration of cerRebellion Record, vol. 2, p. 185.

tain subjects to which the powers of legislation shall not

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