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every Democratic press and public speaker ever since. It is treasonable or " disloyal” in its character, affiliated with the dead. From the first it was against the Constitution and South, and for the purpose of arned resistance to the Fert laws, and without validity; and all proceedings under it crul and State Governments. Whetheranysurhever cxisted were and are utterly null and void and of no ctiect.
I do not know; but the charge that organizations of that The indi pant voire of condemnation long since went sort, or luving any such purpose, dio now exist among mémforth from the vast majority of the p ople and presses of bers of that party in Ohio or other non-slaveholding Staits, America and from ali free countries in Europe with antire is totally and positively false. unanimity. And more recently, too, the platforn" of an That lawful pulitici or party associations have been csearnest, numerous, and most formidable Convention of tablished, having, as their ohject, the organizing and the sincere Republicans, and still further, the empbatic strengthening of the Democratic party, and its success is letter of acceptance by the candidaie of that Convention, the coming I'residential election, and designed as a counterGen. John C. Fremont, the firsi candidato also of the Re- movement to the so-called “Union Leagues," and therefore, public.in party for the Piesidency eight years ago, upon secret in their proceedings, is very probable, and however the ra'lying cry of "Free speech and a free Press," give re- objectionable litherto, and in ordinary times, I recoguize nenewed hope that at list the reign of arbitrary power to the fullest extent, not the lawfulness only, but the prois about to be brought to an end in the United States. It priety and necessity of such organizations-förs when lad is neither just nor fit, therefore, that tho wrong intlicted men combine good men must ilssociate.” But they are no under - Order 38,” and the other cdicts and acts of such conspiracy against the Government, and their members power, shoulu be any longer endured-certainly not by me are not conspirators, but patriots; men not leagued togealone.
ther for the overthrow of the Constitution or the laws, and But every ordinary means of redress has first been ex- still less, of liberty, but firmly united for the preservation bausted; yet either by the direct agency of the Adminis. ani support of these great objects. tration and its subordinates, or through its intluence or Thero is, indeed, a "conspiracy" very powerful, very anintimidation, or because of want of jurisdiction in the civil cient and I trust that before long I may add, strogly courts which no American in former times conceived to be consolidated al-o, upon round principles, and destined yet pussible bere, alhave failed. Counsel applied in my behalf to be triumphant-a conspiracy known as the Democratic to an unjust judge for the writ of habeas corpus. It was party, the present object of which is the overthrow of the denied; and now the privilege of that writis suspended by Administration in November next, not by force but throu-h act of Congress and Executive order in every State. The the ballot-box, the election of a President who shall be true D-mocratis Convention of Ohio, one year ago, by a resolu- to his oath, to Liberty and the Constitution. This is tbe tion formally presented through a committee of your best sole conspiracy of which I know anything; and I am and ablent men in person, at Washi gton, demandeel of proud to be one of tho conspirators. If any our exist, the President, in behalf of a very largo minority of the looking to unlawful armed resistance to the Federal State people, a revocation of the edict of banishment.
authorities anywhere, in the exercise of their letal ard Pretending that the public safety then required it, he constitutional rights, I admovish all persons concerned, refused; saying, at the same time, that “it would afford him that the act is treason, and the penalty death. pleasure to comply as soon as he could by any means bo But I warn also the men in power that there is a vast malmade to believe that the public safety would not sufier by titude, a host whom they cannot number, bound ton ther by it.” One year bas elapsed, yet this lollow pretence is still the strongest and holiest ties, to defend, by whatever means tacitly asserted, and to-tity I am here to prove it unfounded the exigencies of the times shall demand, their natural and in fact. I appealed to the Supreme Court of the United constitutional rights as froemen, at all hazards and to the States; and because Congress had never conferred jurisdic- last extremity. tion in behalf of a citizen tried by a tribunal unknown for Three years have now passed, men of Ohio, and the great such purposo, to the laws, and expressly forbidden by the issue-constitutional liberty and free popular governmntConstitution, it was powerless to redress the wrong. The is still before you. To you I again commit it, confile that time has, therefore, arrived, when it becomes me as a citi- in this, the time of their greatest peril, you will be found zen of Ohio and of the United States, to demand, and, by worthy of the ancestors who for so many ages, in England uy own act, i vindicate the rights, liberties, and privileres and America, on the field, in prison, and upon the scatoll, which I never forf-ited, but of which, for so many monihs, defended them against tyrants and usurpers, whether in I bave been deprived.
councils or in arms. Therefore, men of Ohio, I am again in your midst to-day. I owe duties to the State, and am here to discharge them.
June 17—He is reported to have thus spoken I have rights es a citizen, und am here to assert them; a in response to a serenade, in Dayton : wise, and child, and home, and would enjoy all the picasures which are implicui in those cheerful words. But I am MY FRIENDS: I greet you to-night as you greet me, and I here for peace, not disturbance; for quict not convulsion; can truly say, that from this demonstration it is evident for order and law, not anarchy. Let no man of the Demo- you are determined to support those principles which I have cratic party begin any act of violence or disorder; but let advocated and have suffered for. To me, this demonstrate nuno shrink from any responsibility, however urgent, if tion was unexpected, and I appear only to m: keiny renered forced upon him. Careful of the rights of others, let him acknowledgment to you for this continued expression of Bo to it that he fully and fearlessly exacts his own. Sub- kindly feeling. ject to rightial authority in all things, let hiin submit to Ile would make no threats, but he did not come from a excess or usurpation in nothing. Obedient to the Consti- foreign country without a deliberate calculation of the use tion and lawy, let him demand and have the iull measure of and ihe consequences, and a deliberate prepard'son to meet protection which law and Constitution secure to him. thom. lie could be taken by any dne civil process, by any
Men of Olio: You neve alıcaly vindicatou your right to crippled constable, but without that no force could do it hear; it is now my duty to russeri my right to speak. libert Three hundred men, armed to the teeth, would not apun fore, as to the role olence for which I was aurested, imprisstind him in his houso after the door had been buttone oned, and banislied-free speech in criticism and condemniz- down, but they would find him the next day and not far el tion of the Administration-an Administration titly described [immense cheers,) and if any military commander of the in a recent public paper by one of its early supporters, President were to undertake such an arrest he warned them ** marked at home by disregard of constitutional rights, by that in t'iis town the persons and property of those instiits violation of personal liberty and the liberty of the press, gating such a proceeding would be held as hostize. IIe end, is itt crowning shame, by its abandonment of the right should urge an eye for an eye, and a tooth for a tooth, so of asylum, a rijlit especially dear to all free nations abroad," help him ever living Jehovah. I repeat it here tolay, and will again and yet again so long He appeared, not to speak upon questions of politics, he as I live, or the Constitution and our present form of Gov said, nor to add to what he had said the day before. ernment shall survive.
He bu come, he said, for the purpose of living at homo The words then spoken and the appeal at that time made, with the wito of his bosom and his chill, to live in his own and now enforced by one year more of taxation and debt, home from which he had been torn thirteen months before, ani ofblood and disaster, entreating the people to change the and to receive in quiet the calls of his friends. lie did not public servants and their policy, not by force, but peaceably, crpect to be again moltsted unless by men in this city, and Through the ballot, I now and here reiternte in their utmost tho former scenes revived. “If this be done,” he said, " ] extent, and with all their significancy I repeat them, one warn them that the result will be such as compared to it, the and all, in no spirit of challenge or bravado, but as earnest, other was but clust in the scale." sober, solemn truth and warning to the people.
Ile then reviewed his personal and political history defy. Upon another subject allow me hero il word:
ing any person to show wherein he had meritel the treais A poweriul, widely-spread and very clangeruus secret, oath- ment he had receivel. Ho agnin repeated that he desired bound combination among the friends of the Administrate no disturbance, and believed there would lw none. Ile ud tion, known as the "Loyal Union League,” exists in every not believe there would be any attempt to arrest him State, yet the very men who control it charge persistently again, but should there be, he repeated his warning, 101, 328 apon the members of the Democratic party, that they have he said, in a spirit of bravado, but to let his friends know organized-especially in the North West--the “Order of that he and his iriends were prepared for any cmergency. Knights of the Golden Circle," ne other secret society, | This he several times repeated.
He then announced his intention of keeping his mouth | are now, or hereafter during the rebellion shall closed until alter the Democratic Convention at Chicago, be, imprisoned in any fort, camp, arsenal, miliwhen he would make his purpose known.
tary prison, or other place of confinement, by CINCINNATI, June 17.
any military authority, or by the sentence of any A despatch from Dayton to the Commercial says: “There court-martial or military commis ion. is but little doubt that Vallandigham's arrival was unex
In witness whereof, I have hereunto set my pected to his friends. His house was open yesterday and a large number of his friends called on him.”
hand and caused the seal of the United Siates
to be affixed. Vallandigham's Return.
Done at the city of Washington, this twentyA Washington dispatch to the New York Herald says: "A key to the policy of the President to be pursued to-fourth day of September, in the year of our vari Vallandighain has been recently given in a nieeting Lord one thousand eight hundred and sixty-two, between the Kentucky delegation in Congress and Ir. Lin and of the independence of the United States cole relative to the case of Colonel Wolford. This officer, it will be remembered, was arrested by General Burbridgo
the eighty-seventh. god sent to Washington, where he has since remained, re
ABRAHAM LINCOLN. porting iaily to th War Department. In answer to the
By the President: request that the order of General Burbridge bo rescinded, the Provident replied that ho should not depart from the
Wm. H. SEWARD, Secretary of State. policy before pursued concerning Vallandigham. Mr. Mal
1863. lory renirke that the Vallandigham ortier was inoperative, that individunt having returned to Ohio. Mr. Lincoln re
GENERAL SUSPENSION OF THE WRIT. plied, in substance, that he had no oficial knowledge of is andigham å return, and that when Mr. Vallandi ham
Whereas the Constitution of the United States avde his presence known by objectionablo acts, the Execu- has ordained that the privilege of the writ of tire would be prepared to act. The application in favor of habeas corpus shall not be suspended unless when Colonel Wolford was not granted."
in cases of rebellion or invasion the public safety SUSPENSION OF THE WRIT OF HA- may require it; and whereas, a rebellion was BEAS CORPUS.
existing on the 3d day of March, 1863, which 1861.
rebellion is still existing: and whereas by a April 27—The PRESIDENT issued to Lieut. statute which was approved on that day it wag General Scott this order:
enacted by the Senate and House of RepresentaYou are engaged in snppressing an insurrection against tives of the United States in Congress assemthe laws of the Uuited States. If at any point on or in the bled, that during the present insurrection the vicinity of any military line which is now or which shall President of the United States, whenever in his Washington, you find resistance which renders it necessary judgment the public safety may require, is la suspend tho writ of habeas corpus for the pubiic safety, authorized to suspend the privilege of the writ you personally, or through the otficer in command, at the of habeas corpus in any case thronghout the faut : which resistance occurs, arc authorized to suspend United States, or any part thereof; and whereas By the President:
in the judgment of the President the public Wx. H. SEWARD, Secretary of State.
safety does require that the privilege of the said July 2—This order was extended to the mili-writ shall now be suspended throughout the tary line between New York and Washington. United States in the cases where, by the author
May 10—The PRESIDENT issued a proclama-lity of the President of the United States, mili. tion authorizing the commander of the forces of tary, naval, and civil officers of the United States, the United States on the Florida coast, “if he or any of them, hold persons under their comshall find it necessary, to suspend there the mand or in their custody either as prisoners of Erit of habeas corpus, and to remove from the war, spies, or aiders or abettors of the enemy, or vicinity of the United States fortresses all dan- officers, soldiers, or seamen enrolled or drafted gerous or suspected persons."
or mustered or enlisted in or belonging to the 1862.
land or naval forces of the United States, or as WASHINGTON, September 24. deserters therefrom, or otherwise amenable to Whereas, it has become necessary to ca'l into the military law or the Rules and Articles of Bertice, not only volunteers, but also portions War, or the rules or regulations prescribed for of the militia of the State by draft, in order to the military or naval services by authority of suppress the insurrection existing in the United the President of the United States, or for reStates, and disloyal persons are not adequately sisting a draft, or for any other offence against restrained by the ordinary processes of laiv from the military or naval service: bindering this measure, and from giving aid and Now, therefore, I, ABRAHAM LINCOLN, Presicomfort in various ways to the insurrection : dent of the United States, do hereby proclaim Now, therefore, be it ordered:
and make known to all whom it may concern, Forst. That during the existing insurrection, that the privilege of the writ of habeas corpus is and as a necessary measure for suppressing the suspended throughout the United States in the same, all rebels and insurgents, their aiders and several cases before mentioned, and that this abettors, within the United States, and all per- suspension will continue throughout the durasoos discouraging volunteer enlistments, resist- tion of the said rebellion, or until this proclaing military drafts, or guilty of any disloyal mation shall, by a subsequent one to be issued practice affording aid and comfort to the reb- by the President of the United States, be modi. els against the authority of the United States, fied or revoked. And I do hereby require all shall be subject to martial law, and liable to magistrates, attorneys, and other civil officers trial and punishment by courts-martial or mili- within the United States, and all officers and tary commission.
others in the military and naral services of the Second. That the writ of habeas corpus is sus- United States, to take distinct notice of this pended in respect to all persons arrested, or who suspension, and to give it full effect, and all
SUSPENSION OF THE WRIT IN KENTUCKY.
citizens of the United States to conduct and Kentucky hare joined the forces of the insurgovern themselves accordingly and in conform- gents, and such insurgents have on several ocity with the Constitution of the United States casions entered the said State of Kentucky in und the laws of Congress in such case made large force, and, not without aid and comfort, and provided.
furnished by disaffected and disloyal citizens of In testimony whereof, I have hereunto set the United States residing therein, have not my hand and caused the seal of the United ooly greatly disturbed the public peace, but States to be affixed, this 15th day of September, have overborne the civil authorities and made 1863, and the independence of the United States flagrant civil war, destroying property and life of America the eighty-eighth.
in various parts of that State; ABRAHAM LINCOLN. And whereas it has been made known to the By the President:
President of the United States by the officers Wm. H. SEWARD, Secretary of State. commanding the national armies that combina
tions have been formed in the sail Siate of 1864.
Kentucky with a purpose of inciting rebel
forces to renew the said operations of civil war Whereas, by a proclamation which was is- within the said State, and thereby to embarass sued on the 15th day of April, 1861, the Presi- the United States armies now operating in the dent of the United States announced and de- said States of Virginia and Georgia, and even clared that the laws of the United States had to endanger their safety: been for some time past, and then were, op- Now, therefore, I, ABRAHAM LINCOLN, Presi. posed and the execution thereof obstructed, in dent of the United States. by virtue of the aucertain States therein mentioned, by combina- thority vested in me by the Constitution and tions too powerful to be suppressed by the or- laws, do hereby declare that, in my judgment, dinary course of judicial proceedings, or by the public safety especially requires that the the powers vested in the marshals by law; and suspension of the privilege of the writ of habeas whereas, immediately after the issuing of the corpus, so procluimed in the said proclamation said proclamation, the land and naval forces of of the 15th of September, 1863, be made effecthe United States were put into activity to sup- tual and be duly enforced in and throughout press the said insurrection and rebellion; and the said State of Kentucky, and that martial whereas the Congress of the United States, by law be for the present established therein. I an act approved on the 3d day of March, 1863, do, therefore, hereby require of the military did enact that during the said rebellion the officers in the said State that the privileges of President of the United States, whenever in the writ of habeas corpus be effectually sushis judgment the public safety may require it, pended within the said State, according to the is authorized to suspend the privilege of the aforesaid proclamation, and that martial law writ of habeas corpus in any case throughout be established therein, to take effect from the the United States, or in any part thereof; and date of this proclamation, the said suspension whereas the said insurrection and rebellion and establishment of martial law to continue still continue, endangering the existence of the until this proclamation shall be revoked or Constitution and Government of the United modified, but not beyond the period when the States; and whereas the military forces of the said rebellion shall have been suppressed or United States are now actively engaged in sup- come to an end. And I do hereby require and pressing the said insurrection and rebellion in command, as well all military officers as all civil various parts of the States where the said re- officers and authorities existing or found within bellion bas been successful in obstructing the the said State of Kentucky, to take notice of laws and public authorities, especially in the this proclamation and to give full effect to the States of Virginia and Georgia;
And whereas, on the fifteenth day of Sep- The martial law herein proclaimed, and the tember last, the President of the United States things in that respect herein ordered, will not duly issued his proclamation, wherein he de- be deemed or taken to interfere with the boldclared that the privilege of the writ of habeas ing of lawful elections, or with the proceedings corpus should be suspended throughout the of the constitutional Legislature of Kentucky, United States in cases where, by the authority or with the administration of justice in the of the President of the United States, military, courts of law existing therein between citizens naval, and civil officers of the United States, of the United States in suits or proceedings or any of them, hold persons under their com- which do not affect the military operations or mand or in their custody, either as prisoners of the constituted authorities of the Government war, spies, or aiders or abettors of the enemy, of the United States. or officers, soldiers, or seamen enrolled or draft- In testimony whereof I have hereunto set ed or mustered or enlisted in or belonging to my hand and caused the seal of the United the land or naval forces of the United States or States to be affixed. as deserters therefrom, or otherwise amenable Done at the city of Washington, this 5th day to military law or the rules and articles of war, of July, in the year of our Lord, 1864, and of or the rules or regulations prescribed for the the independence of the United States the military or naval service by authority of the eighty-ninth. President of the United States, or for resisting
ABRAHAM LINCOLN. a draft, or for any other offence against the By the President: military or naval service;
WILLIAM H. SEWARD, Secretary of State. And whercas many citizens of the State of The Military Governors, appointed by tho
President, were clothed with like power. This court in Baltimore, and selected and summoned by a mar is the letter of appointment:
shal appointed by the present Executive of the Untold
States, having jurisdiction in the premises, and having fully WAR DEPARTMENT,
investigated all cases of alleged violation of law, has finally WASHINGTON CITY, D. C., May 13, 1862. adjournel its sexsion without finding any presentmint or Sre: You are hereby appointed mlitary governor of the indlictment or other proceeding against thrin, or either of State of North Carolina, with authority to exercise and them, and the Presiilent of the United States, being reperform within the limits of that State all and singular the quested by a resolution of the House of Rpresentatives to D wers, duties, and functious pertaining to the office of mili- communicate the grounds, reasons and evidence for their Lary guvernor, (incluling the power to establish all neces- arrest and imprisonment, has declined so to do, becanse ho sary offices and triburls, and suspend the writ of habeus is advised that it is incompatible with the public interests: cr48.) during the pleisure of the President, or until the and whereas, tince the proceedings, the said citizens, with loval inhabitants of that State shall organizo a civil gove others, have been, by force and against their wills, transfriment in conformity with the Constitution of the United forted by the authority of the Government of the Unite! States.
EDWIN M. STANTON, States beyond the State of Maryland and the jurisdiction of
Serdary of War. that court which it is their constitutional right to claim, and SOTE-Major General MCCLELLAN authorized General are to be snlıjected to an indefinite, a hopeless, and cruel Bares to suspend tho writ of habeus corpus, if necessary in imprisonment in some fort or military place, unfit for the cartting out the instructions of the former for the arrest of confinement of the citizen, at a remoto distance from their criain merubers of the Maryland Legislaturo in October,tigation, or trial whatever : and whereas tho constitutional
families and friends, and this without any accusation, inves. 18.1. (See “ Military Orders respecting Elections.")
privilege of the writ of habeas corpus has been treated with
contenipt, and a military officer (the predecessor of General ACTION OF CONGRESS.
Banks) has taken upon himself the responsibility of wilful First Session, Thirty-Seventh Congress. disobedience to the writ, and the privilege of the same
now continues suspended, thereby subordinating the civil to IN SENATE.
the military power, thus violating and overthrowing the 1861, July 29–Mr. TruybULL, from the Com-Constitution of the l'nited States, and setting up in its stea 1
a military de potim: and whereas the Congress of the United mittee on the Judiciary, reported back the me- States regards the acts aforesaid as clear and palpable via morial of Charles Howard and others, Police lations of the Constitution of the United states, and deCommissioners of Baltimore, arrested and con
structive to the liberties of a freo people: Therefore,
Rezolved, That the arrest and imprisonment of Charles fined as prisoners in Fort McHenry, and asked toward, William II. Gatchell, and Jolin W. Davis, and to be discharged from the subject, the Com- others, without warrant and process of law, is flagrantly mittee being of opinion that no legislation by lay, be released, or their case remitted to the proper judicial Congress is practicable with reference to the tribunals, to be lawfully heard and determined. matter set forth in the memorial.*
Ruled out of order under the rule regulating Mr. BAYARD proposed to amend the report the business of the session. by substituting: Posted, That the members of the police board of the
Second Session, Thirty-Seventh Congress. city of Baltimore ought to be either surrendered to the civil
IN SENATE. authorities on somechargo sufficient in law for their arrest api det ation, or be discharged from confinement at Fort 1861, Dec. 16–Mr. TRUMBULL offered the M:Heary, and suffered to resume their official functions.
following resolution : Podred, That the control of the municipal police of Baltim je ought to be restored to those civil officers to whom, Resolved, That the Secretary of State be directed to inby the laws of Maryland, it is intrusted.
form the Senato whether, in the loyal States of the Union, Riskred, That George P. Kane, marshal of police in tho any person or persons have been arrested and imprisoned, city of Baltimore, ought either to be delivered up to tho and are now held in confinement by orders from him or his civil authorities on soine chargo sufficient in law to bola Department; and if so, under what law said arrests have him in custody, or be discharged from confinement in Fort been made, and said persons imprisoned. McHenry.
Which was referred to the Judiciary ComThe subject was postponed.
mittee-yeas 25, nays 17, as follows: Aug. 6—Mr. Powell proposed in the Senate YEAS-Mesars. Anthony, Browning, Chandler, Clark, Cola resolution similar to Mr. May's in the House, lamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, bat the motion to take it up was lost-yeas 7, Harris, Howe, Johnson of Tennessee, King, Lano of Indiana,
Morrill, l'omeroy, Rice, Sherman, Simmons, Sumner, Ten
Harlan, Kennedy, Latham, McDougall, Nesmith, Pearce,
1861, December 23—Mr. King offered this 1861, July 31–Mr. May offered this resolu- resolution, which was referred to the Committion :
tee on the Judiciary: bereas the Constitution of the United States declares that no warrant shall issue but upon probablo causo, sup- ceedings to be instituted in the courts of law against per
Resolved, That the President be requested to cause proported by oath or affirmation; that no citizen shall be de prired of his liberty without due process of law; and that order since the breaking out of tho present insurrection.
sons who have been arrested by executivo authority or the accusai sball enjoy the right of a speedy trial by a jury and who are now detained in custody, so that a judicial of the district where tho offence was committed: and
examination may be had in each case to ascertain who, if wberras Charles Howard, William H. Gaichell, and John W. Davis, citizens of Baltimore, in the State of Maryland, to the United States, and be discharged, and who shall be
any of them, may be allowed to take the oath of allegiance Sert, on the 1st day of July, 1861, seized without warrant, and without any process of law whatever, by a body of treason or other crime; and to communicate the names of
detained for a further examination or be prosecuted for boiliers from the Army of tho United States, by order of all persons that have been so arrested, and the date of arrest, Major General Banks, alleged to have been made in pursu. I to the Senate. un of orlers issued from the headquarters of the Army at Washington, and were removed by force and against their
CASE OF GENERAL CHARLES P. STONE. will from their homes to Fort Mclenry, where they have 1862, April 11-Mr. McDougALL offered this ee since been, and now are, confined as prisoners; and
resolution : whereas the said military officer, without warrant or authority of law, superceded and suspended the official func- Resolved, That the Secretary of War be requested to inti sus of the said Charles Howard and others, members of the form the Senulo at once on the following points, namely: Land of police of Baltimore: and whereas, since their said 1. Whether or not Brigadier General Charles P. Stono has arrest, a grand jury attending the United States district been arrested by any person in authority in the War De
partment or in the Army of the United States; and if he has For further facts, see “ The Conspiracy of Disunion.” been so arrested, from whom the order for General Stone's arrest originally proceeded—whether the Secretary himself touching the arrest of persons in Kentucky since the 1st of or the general then commanding the army of the Potomac. September, 1861, and their imprisonment beyond the limita 2. Also, whether at the time of such arrest General Stone of that State. was not subject to the Articles of War, and entitled to the benefit of them; and if he was so subject and entitled,
Which was adopted-yeas 30, nays 7, as folwhether or not he was arrested for a violation of any and lows : which of those articles; and on whoso complaint General Yeas-Messrs. Anthony, Browning, Chandler, Clark, Col. Stone was arrested, and by whom, if by any persons, charges lamer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, have been preferred against him; and that the secretary of Harlan, Harris, Howard, Howe, King, lane of Indian, War be requested to communicate to the Senate the speci- Lane of Kansus, Morrill, Pomeroy, Sherman, Simmons, fications under such charges as fully as his present infor- Sumner, T-n Eyck, Trumbull, Wade, Wilkinson, Wilmoto mation will enable him to state them. 3. Also, whether Wilson of Massachusetts, Wright-30. any, and if any, what, steps have been taken toward the
NAYS—Messrs. Davis, McDougall, Nesmith, Powell, Sæuispreparation of such charges and specifications; and if any bury, Willey, Wilson of Missouri—7. buch steps have been so taken, whether or not the prosecution of the matter has been intrusted to tho judge advo
IN HOUSE. cate general of the Army, or of the army of the Potomac, or to some other, and what other, special judge advocate; 1861, December 10–Mr. BINGHAM, from the and if not to cither of said judges advocate general, why Judiciary Committee, asked to be discharged the case of General Stone did not take the customary course when a general officer is arrested, and whether or not either from the further consideration of the memorial of the judges advocate above specially named has been, and of Messrs. Howard, Gatchell, and Davis, Police when first, consulted in this matter. 4. Also, whether or Commissioners of Baltimore. not General Stone hag at any time, and when, and low often, in person or by counsel, applied for an immediate trial;
Mr. Pendleton moved to recommit the report, and whether ho has not represented to the Secretary of War with these instructions: the injustice which he supposed would result to him from deferring his trial by reason of the death of important wit
Resolred, That the Congress alone has the power, under nesses in any manner connected with tho administration of the Constitution of the United States, to suspend the privihis late command upon the Potomac; and what answer, if lege of the writ of habeas corpus ; that tho exercise of that any, has been mado to such representation by or on behalf power by any other department of the Government is a of General Stono. 5. Also, whether or not the substance usurpation, and therefore dangerous to the liberties of the of said charges, more or less, has been in any, and what people; that it is the duty of tho President to deliver Charles way, and upon whose application, communicated to Gen- Howard, William H. Gatchell, and John W. Davis to the eral Stone; and if not, why not; and if not, whether or not custody of the marshal of the proper district, if thay ar3 General Stone has applied directly or indirectly for such charged with any offence against the laws of the United charges. 6. Also, whether any, and what, privileges have States, to the end that they may be indicted, and 6 enjoy the inured to General Stone under the Articles of War Nos. right of a speedy and public trial by an impartial jury of 74, 79, 80, and 82, and Ns. 221 and 22:23 of the Revised Reg. been committed.
the State and district whorein the crime" is alleged to hara ulations of the Army, and what degree of confinement was originally ordered in reference to General Stone, and Mr. Bingham moved to lay the whole subject whether any and what change has been made, and when, on the table, which was agreed to-yeas 108, from its original severity. 7. Also, if General Stone was not arrested for some alleged violation of the Articles of nays 26, as follows: War, upon what pretence is he kept in close custody.
YEAS-Messrs. Aldrich, Alley, Arnold, Babbitt, Goldsmith April 22-On motion of Mr. Wilson, the res- Jacob B. 'Blair, Samuel S. Blair, Blake, Buffinton, Burnham,
F. Bailey, Baker, Baxter, Beaman, Bingham, Francis P. Blair, olution was amended so as to read thus, and Calvert, Campbell, Chamberlain, Clark, Cobb, Colfax, Freie passed :
rick A. Conkling, Roscoe Conkling, Crarens, Davis, Dawes, That the President of the United States be requested to iot, English, Fenton, Fessenden, Franchiot, Frank, Goodwin,
Delano, Diven, Duell, Dunlop, Dunn, Edgerton), Edwards, Ek communicate to the Senate any information touching the Granger, Grider, Haight, Ilale, Hanchett, Harrison, Holman, arrest and imprisonment of Brigadier General Stone, not Hooper, Ilorton, Hutchins, Julian, Kelley, Francis W. Keldeemed incompatible with the public interest.
logg, William Kellogg, Killinger, Lansing, Law, Loomis, May 2–The PRESIDENT transmitted this mes- Lovejoy, McPherson, Mallory, Maynard, Menzies, Moorhead, sage in reply:
Anson P. Merrill, Justin S. Morrill, Nixon, Noell, Olin, Pat
ton, T. G. Phelps, Pike, Pomeroy, Porter, Potter, Alexander EXECUTIVE MANSION, H. Rice, Riddio, Edward II. Rollins, Sargent, Serigwick,
WASHINGTON, May 1, 1862. Shanks, Shefield, Shellabarger, Sherman, Sloan Smith, Ste To the SENATE OF THE UNITED STATES :
vens, Stratton, Benjamin F. Thomas, Francis Thomas, Train, In answer to the resolution of the Senate in relation to Trimble, Trowbridge, Upton, Van Horn, Van Wyck, Ferree, Brigadier General Stone, I have the honor to state that he Wall, Wallace, Charles W. Walton, E. P. Walton, Washwas arrested and imprisoned under my general authority, burne, Wheeler, Albert S. White, Wilson, Woodrull, Worand upon evidence which, whether he be guilty or inno-cester, Wright-108. cent, required, as appears to me, such proceedings to be had Nays-Messrs. Allen, Ancona, Joseph Baily, Biddle, George against him for the public safety. I deem it incompatible II. Browne, William G. Brown, Cooper, Foule, Harding, with the public interest, as also, perhaps, unjust to General Johnson, Lazear, May, Morris, Noble, Norton, Pendleton, Stono, to make a moru particular statement of the evidence. Perry, Robinson, Shiel, John B. Strele, William G. Strele,
He has not been tried because, in the state of mil tary Villundigham, Wadsworth, Ward, Chillon A. While, Wickoperations at the time of his arrest and since, the officers to lifc-26. constitute a court-martial and for witnesses could not be withdrawn from duty without serious injury to the service. He will be allowed a trial without any unnecessary delay;
Third Session, Thirty-Seventh Congress. the charges and specifications will be furnished him in due
IN SENATE. season, and every facility for his defence will be afforded him by the War Department.
1862, December 2-Mr. POWELL, offered the ABRAHAM LINCOLN.
following resolution : 1862, May 14—Mr. POWELL offered the fol
Resolved, That the President be requested to inform the lowing:
Senate the number and the names of citizens of Kentucky Resolved, That the Secretary of State be directed to in- who have been, and who are now confined in the military form the Senate, how many citizens of Kentucky have been prisons and camps of tho United States, outside the limits arrested and contined outside the limits of the State by his
of said State; what are the charges against them, by whom order since 1st September last, and state the names of ench made, and by whoso order the arrests were made. citizens, places where imprisoned, and how long confined, December 5-Mr. CLARK offered an amendand also the number and nanies of persons released andment: to insert the words “if not incompatible wbere imprisoned. Mr. SUMNER offered the following as a sub- and the resolution as amended was adopted.
with the public service;" which was agreed to, stitute :
December 16– Mr. SAULSBURY offered the folResrired, That the President of the United States be re
lowing resolution : quested to communicate to the Senate, if not incompatible with the public interests, any information in his possession Resolved, That the Secretary of War be and is hereby di.