Page images
PDF
EPUB

SEDITION LAW NUMBER TWO-THE ACT TO | through the Department of War. And in all

STRIKE DOWN THE HABEAS CORPUS.

We have deemed it important, in the progress of this work, as showing the revolutionary spirit of those in power to place on record ary spirit of those in power to place on record in these pages the

"Act Relating to Habeas Corpus, and Regulating Judicial Proceedings in Certain Cases," so that the reader may compare it with the aims and purposes of the Sedition Act of old, and to properly appreciate this Sedition Law No. 2, it should be read by the light of the vote in Congress, by which the resolution ignoring a despotism on the ruins of our Government was tabled.

cases where a grand jury having attended any of said courts, having jurisdiction in the premises, after the passage of this act, and after the furnishing of said list, as aforesaid, has dictment, or presentment, or other proceeding terminated its session, without finding an inagainst such person, it shall be the duty of the judge of said court forthwith to make an order that any such prisoner desiring a discharge from such imprisonment, be brought of the United States having custody of such before him to be discharged, and every officer prisoner, is hereby directed immediately to obey and execute said judge's order. In case he shall delay or refuse so to do, he shall be subject to indictment for a misdemeanor, and be punished by a fine of not less than $500, and imprisonment in the common jail for a period not less than six months, in the discretion of the court; Provided, however, that no person shall be discharged by virtue of the provisions of this act, until after he or she shall have taken an oath of allegiance to the government of the United States, and to support the constitution thereof, and that he or she will not hereafter, in any way encourage or give aid and comfort to the present rebellion, or to the supporters thereof; and, provided, also, that the judge, or court, before whom such person may be brought, before discharging him or her from imprisonment, shall have power, on examination of the case, and if public safety shall require it, shall be required to cause him or her to enter into recognisance, with or without security, in a sum to be fixed by said judge or court, to keep the peace and be of good behavior towards the United States and its citi

"Sec. 1. Be it enacted, &c., That during the present rebellion, the President of the United States, whenever in his judgment the public safety may require it, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States, or any part thereof, and whenever and wherever the said privilege shall be suspended, as aforesaid, no military or other officer shall be compelled, in answer to any writ of habeas corpus, to return the body of any person or persons detained by him, by authority of the President, but upon a certificate, under oath of the officer having charge of any one so detained, that such a person is detained by him as a prisoner, under authority of the President, further proceedings under the writ of habeas corpus shall be suspended by the Judge or court having is-zens, and from time to time, and at such times sued the said writ, so long as said suspension by the President shall remain in force, and the said rebellion continue.

as such judge or court may direct, appear before such judge or court, to be further dealt with, according to law, as the circumstances may require, and it shall be the duty of the District Attorney of the United States to attend such examination before the judge.

"Sec. 2. And be it further enacted, &c., That the Secretary of State and the Secretary of War be, and they are hereby directed, as soon as may be practicable, to furnish to the Judges "Sec. 3. And be it further enacted, That in of the Circuit and District Courts of the United case any of such prisoners shall be under indictStates, and of the District of Columbia, a listment or prosecutions, for any offense against of the names of all the persons, citizens of the States in which the administration of the laws has continued unimpaired, in the said Federal Courts, who are now, or may hereafter be held as prisoners of the United States, or order or authority of the President of the United States, or either of said Secretaries, in any fort, arsenal, or other place, as State or political prisoners, or otherwise, than as prisoners of war, the said list to contain the names of all hose who reside in the respective jurisdictions of said Judges, or who may be deemed by the said Secretaries, or either of them, to have violated any law of the United States, in any of said jurisdictions, and also the date of each arrest; the Secretary of State to furnish a list of such persons as are imprisoned by the order or authority of the President, acting through the State Department, and the Secretary of War a list of such as are imprisoned by the order or authority of the President, acting

the laws of the United States, and by existing laws, bail or recognizance may be taken for the appearance, for trial of such person it shall be the duty of said judgeat once to discharge such person, upon bail or recognizance, for trial, as aforesaid, and case the said Secretaries of State and War shall for any reason, refuse or omit to furnish the said list of persons held as prisoners, as aforesaid, at the time of the passage of this act, within twenty days thereafter, and of such persons as hereafter may be arrested within twenty days from the time of the arrest, any citizen may after a Grand Jury shall have terminated its session without finding an indictment or presentment, as provided in the second section of this act, by a petition, alleging the facts aforesaid, touching any of the persons, so as aforesaid imprisoned, supported by the oath of such petitioner, or any other credible person, obtain and be entitled to have the said judge order to discharge such

[ocr errors]

prisoner on the same terms and conditions prescribed in the second section of this act, provided, however, that the said judge shall be satisfied, such allegations are true.

"Sec. 4. And be it further enacted, That any order of the President or under his authority, made at any time during the existence | of the present rebellion, shall be a defense in all courts to any action or prosecution, civil or criminal, pending or to be commenced, for any search, seizure, arrest or imprisonment made, done or committed, or acts omitted to be done, under, and by virtue of such order, or under color of any law of Congress, and such defense may be made by special plea, or under the general issue.

[ocr errors]

at which the same shall have taken place, from such court to the next Circuit Court of the United States, to be held in the district in which such appeal shall be taken, in manner aforesaid. And it shall be the duty of the person taking such appeal, to produce and file in the said Circuit Court attested copies of the process, proceedings and judgment in such cause, and it shall also be competent, for either party, within six months after the rendition of a judgment in any such cause, by writ of error or other process, to remove the same to the Circuit Court of the United States of that district in which such judgment shall have been rendered, and the said Circuit Court shall thereupon proceed to try and determine the facts and the law in such action, in the same manner as if the same had been there originally commenced, the judgment in such case notwithstanding. And any bail which may have been taken, or property attached, shall be holden on the final judgment of the said Circuit Court in such action, in the same manner as if no such removal and transfer had been made as aforesaid. And the state court from which any such action, civil, or criminal, may be removed and transferred as aforesaid, upon the parties giving good and sufficient security for the prosecution thereof, shall allow the same to be removed and transferred, and proceed no further in the case: Provided, however that if the party aforesaid shall fail duly to enter the removal and transfer, as aforesaid, in the Circuit Court of the United States, agreeably to this act, the state court by which judgment shall have been rendered, and from which the transfer and removal shall have been made, as aforesaid, shall be authorized, on motion for that purpose, to issue execution, and to carry into effect any such judgment, the same as if no such removal and transfer had been made: And Provided also, that no such appeal or writ of error shall be allowed in any criminal action or prosecution where final judgment shall have been rendered in favor of the defendant or respondent, by the state court. And if in any suit hereafter commenced, the plaintiff is nonsuited or judgment pass against him, the defendant shall recover double costs.

"Sec. 5. And be it further enacted, That if any suit or prosecution, civil or criminal, has been or shall be commenced in any state court against any officer, civil or military, or against any other person, for any arrest or imprisonment, made, or other trespasses, or wrongs done or committed, or any act omitted to be done, at any time during the present rebellion, by virtue or under color of any authority derived from, or exercised by, under the President of the United States, or any act of Congress, and the defendant shall at the time of entering his appearance in such court, or if such appearance shall have been entered, before the passage of this act, then at the next session of the court, in which such suit or prosecution is pending, file a petition, stating the facts, and verified by affidavit for the removal of the cause for trial at the next Circuit Court of the United States to be holden in the district where the suit is pending, and offer good and sufficient surety for his filing in such court, on the first day of its session, copies of such process and other proceedings against him, and also for his appearing in such court, in entering special bail in the cause, if special bail was originally required therein, it shall then be the duty of the state court to accept the surety, and proceed no further in the cause or prosecution, and the bail that shall have been originally taken, shall be discharged, and such copies being filed, as aforesaid in such court of the United States, the cause shall proceed therein, in the same manner as if it had been brought in said court by original process, what- "Sec. 6, And be it further enacted, That any ever may be the amount in dispute, or the suit or prosecution described in this act in damages claimed, or whatever the citizenship which final judgment may be rendered in the of the parties, any former law to the contrary | Circuit Court, may be carried by writ of error notwithstanding. And any attachment of the to the Supreme Court, whatever may be the goods or estate of the defendant, by the origi- amount of said judgment. nal process, shall hold the goods or estate of "Sec. 7. And be it further enacted, That no the defendant, so attached, to answer the suit or prosecution, civil or criminal, shall be final judgment, in the same manner as by maintained for any arrest or imprisonment the laws of such state they would have been made, or other tresspasses or wrongs done or holden to answer final judgment, had it been committed, or act omitted to be done, at any rendered in the court in which the suit or time during the present rebellion, by virtue or prosecution was commenced. And it shall be under color of any authority derived from, or lawful in any such action or prosecution which exercised by, or under the President of the may be now pending or hereafter commenced, United States, or by or under any act of Conbefore any state court whatever, for any cause gress, unless the same shall have been comaforesaid, after final judgment, for either par-menced within two years next after such arrest, ty to remove and transfer, by appeal, such imprisonment, trespass, or wrong may have case during the session or term of said court, been done or committed, or act may have been

1

omitted to be done! Provided, That in no case | follows, which shows that its politics outshall the limitation herein provided commence weighs its "love" for the Union. to run until the passage of this act, so that no party shall, by virtue af this act, be debarred of his remedy by suit or prosecution, until two years from and after the passage of this act."

VOTE ON THE PASSAGE OF SAID BILL.

The above act passed the House of Representatives, March 3d, 1863. We annex the list of yeas and nays so that the reader may see who "did this thing," and to what political faith they belong.

Blair, (Pa.) R.
Blake, R.

Buffington, R.

Pike, R.
Pomeroy, R.

Porter, R.

Riddle, R.

"A journal which seeks occasion to differ with the Tribune, asserts that after having been willing to 'let the cotton states go, we have opposed every proposition. looking to peace. This is astonishingly wide of the truth. The one thing that we have steadfastly opposed -that we have deemed too dear a price, even for peace--is new concessions-new guarantees to human slavery. Take any form but that. * Let us have a Union of peace as soon as possible, but never by new concessions to, new compromises with, slavery.'

*

[ocr errors]

WITHOUT NEGRO EQUALITY THE UNION OF NO
ACCOUNT.

The Chicago Journal uses the following in

Rollins, (N. H.) R. genious argument to prove that the President is not in favor of the "Union as it was:"

Sargeant, R.

Sedgwich, R.

Shanks, R.

[blocks in formation]

YEAS.
Fisher, R.
Frauchet, R.

Ashley, R.

Frank, R.

Babbitt, R.

Gordin, R.

Rice, (Me.) R.

Baker, R.

Gurley, R.

Baxter, R.

Hahn, U.

Beaman, R.

Hale, U.

Biglow, R.

Harrison, R.

Blair, (Va.) U.

Hooper, R.

Segar, R,

Horton, R.

Hutchins, R.

Browne, (Va.) U.

Julian, R.

Kelley, R.

Campbell, R.

Kellogg, (Mich.)

Casey, U.

Kellogg, (Ill.) R.

Chamberlain, R.

Killings, R.

Clark, R,

Lansing, R.

Colfax, R.

Lary, U.

Conklin, F. A., R.

Lehman, D.

Conklin, R., R.

Loomis, R.

Conway, R.

Low, R.

Cutler, R,

McIndoe, R.

Davis, R.

Dawes, R.

McKean, R.
McKnight, R.

[blocks in formation]

McPherson, R.
Marston, R.
Maynard, U.

Elliott, R.

Mitchell, R.

Ely, R.

Moorehead, R.

Fenton, R.

Morill, (Me.) R.

Fessenden, S. C., R.Nixon, R.

Phelps, (Cal.) R.

Fessenden, TA F. RPatton, R.

Flanders, U.

Shellaburger, R.
Sherman, R.
Sloan, R.
R.Spaulding, R.
Stevens, R.
Stratton, R.
Thomas, (Md.) U.
Trimble, R.
Trowbridge, R.
Van Horn, R.
Van Valkenburg, R
Van Wyck, R.
Verree, R.
Walker, R.
Wall, R.
Walace, R.
Washburne, R.
Wheeler, R.
White, (Ind.). R.
Wilmer, R.
Windham, R.
Worcester, R.

[blocks in formation]

"ALL A MISTAKE.-The Chicago Tribune complains with some bitterness of an expression in the President's letter to Horace Greeley, which quotes as follows: 'The sooner the National authority is restored the sooner the Union will be the Union as it was." [The italics are not ours.] The Tribune's ground of complaint is, that the President seems to look to restoring the old order of things, just as it existed immediately preceding the rebellion. Such would be the inference if the President had used the language imputed to him, but the Tribune has misquoted. The language of the President, as we find it published in the National Intelligencer, the nnquestionably correct version is as follows: 'The sooner the National authority can be restored, the nearer the Union will be the Union as it was.? This contains a different idea from that contained in the sentence quoted by the Tribune. It shows the President does not expect the old order of ii things will be restored," &c.

And we may add, his subsequent action proves that the Journal was correct:

A "LOYAL" APPEAL FOR DISSOLUTION.

From a speech by WENDELL PHILLIPS, at an Emancipation Anniversary meeting, in Abington, Mass., Aug. 1, 1862, we select the following, which was applauded to the echo by the large crowd of Republicans present:

*

"We shall never have peace until slavery is destroyed. As long as you keep the present turtle [Lincoln] at the head of the Government you make a pit with one hand and fill it with the other. * * * If any man present believes he has light enough to allow him, let him pray that Davis may be permitted to make an attack on Washington City within a week. * X. * The speaker knew Mr. Lincoln. He had, while in Washington, taken his measure. That is all. He is a first rate second rate man. A mere convenience, and he is honestly wait

[ocr errors][merged small]
[ocr errors]

ing, like any other broom stick, for the people | sertion here. The paragraphs here quoted, into take hold of him and sweep slavery out of dicate as strong as language can, the purpose the nation. Democracy is lifting up its fangs, of the Radicals to depose Mr. LINCOLN by and another Congress will not have the same amount of Republican and honest sentiment in force, unless he yielded to their demands, and it that the last had. Nothing less than a bap-issued the Proclamation, and it is but charity tism of blood, to cry in anguish for a corporate, to suppose that these and kindred threats, from idea, that the head of the army can save us. Lincoln is as good as the people of the North kindred sources, forced him to reconsider his want him. In years gone by, in yonder grove firm resolve on that subject: the Whigs fired cannons to smother the voices from the stand then occupied by the speaker, "Let any one compare the State papers, [Phillips,] and what is the result? The messages, proclamations and orders that have sons of those Whigs now fill graves in Chicka-issued from this Administration during the hominy swamps. Let this Union be dissolved, past year and a half, with the documents which in God's name, and the corner stone of a new preceded and accompanied our own war of Inone be laid, in which shall be organized forev- dependence. The Bills of Rights of the coloer equality in a political sense for every man nies sparkle with sentiments of humanity, of who is born into the world!" right, of liberty, The resolves of the old colonial legislatures had in them that which fed the deep love of liberty in the human soul. The remonstrances addressed to the thronethe letters of eminent men-the declarations of Congress-were all aglow with a divine enthusiasm.

CHAPTER XX.

DISLOYALTY OF REPUBLICANS-THE GREAT
ROUND-HEAD CONSPIRACY.

Threats to Force Mr. Lincoln to Issue the Proclamation... From "New York Independent"..." Chicago Tribune " Against the "Union as It Was"; also, its Threat to use Bayonets in Defiance of the People... The Radical Conspiracy of 1862... Disclosures of the Round-Head Plot...Suggestions of the "Boston Courier"; also, from an Albany Paper...The "St. Louis Anzeiger" Reveals the Plot... The "N. Y. Observer" Gives a Clue to It... Gov. Ramsey, of Minnesota, on "Machinations of Home Governments,' &c......" Legalized Treason ".....From "Boston Courier "...The Second Hartford Convention

[ocr errors]

Toasted... Chas, Sumner Teaches Revolution... Mr. Seward Boasts of More Despotic Power than the Queen of England dare Exercise... Thad. Stevens declares the Constitution an "Absurdity "...Republicans Cheering for Dissolution.....Republicans for "Extermination and Damnation"... The "Boston Commonwealth" Denoun

ces Restoration a Crime...The "South Not Worth a
Copper"..." "Boston Commonwealth" Curses the "Union
as It Was "...Bingham Don't Want the Cotton States...
The Constitution Committed to the Flames by Garrison
Senator Henkle and Vallandigham... Destruction of the
Constitution a Test of Loyalty...God and the Negro...
Beecher Declares that the Negro is our "Forlorn Hope"

Republican Bloodthirstiness...Jim Lane would send all
the White Men to Hell"..." Chicago Tribune" Down
on the
Union as It Was "... Amalgamation and Negro
Equality...Fred. Douglas and White Women...Wendell
Phillips Thanks God for Defeat..."N. Y. Tribune" De-
fies the National Government-Ben. Wade on Dissolu-
tion... The Seceding States follow Ben.'s Advice...C.
M. Clay "Spots the Union as It Was "...Beecher Ridi-
cules the "Sheepskin Parchment"...Daniel Webster
on the "Grasp of Executive Power "..." Democrats
Must Not Clamor for the Union as It Was "...Moulding
Public Opinion...Mr. Lincoln in 1854...Mr. Seward and
Violence...Mr. Seward on the "Last Stage of Conflict"
...Mr. Seward's Justification for Disunion...The Prefix
"Naticnal" Stricken from the Republican Cognomen...
Banks Predicts a Military Government... Carl Schurz on
Revolution...J. P. Hale on Dissolution...Gen. Butler on
Reconstruction...Object and Consequences of Slavery
Agitation... Prophesies of Eli Thayer...General Conclu-
sions, &c.

A THREAT TO DISPLACE THE PRESIDENT.

In the New York Independent of August 9, 1862, under the head of "A Leader for the People," we find the following, with much more of the same import, too lengthy for in

"Compare with these the papers that have issued from our Government, during this infernal revolt of slave bred men against free institutions they are cold, heartless, dead. There has not been a line in any government paper that might not have been is. sued by the Czar, by Louis Napoleon, or by Jeff Davis.

*

*

*

"Our State papers during this eventful period are void of genuine enthusinsm, for the great doctrines on which this government was founded. Faith in human rights is dead in Washington. The Administration have faith in America, in the United States, in a united North, in a Republican party, but no faith in that invisible principle which underlies and nourishes them. nourishes them. The people are never called to maintain their historic ideas. The nation is never reminded of its political truths. The people not marched where their enthusiasm, like the sleeping music of the harp strings, lies waiting some touch to bring it forth, to roll over this continent such an anthem as the world never heard, and only a free people can chant. Let one of those grand old documents be brought forth which our fathers issued before this infernal slavery had made man timid of their best faith, and tolerant only of the doctrine of devils. Behold its lofty spirit. See how divine in its inclusion of the whole human family in the right claimed by its authors for themselves. How bold, wise, fearless and consistent!

"Now lay down by its side the pale, cold, lifeless documents that have come forth from the Government of the great people striving for their liberties, and for the very land bequeathed them by their fathers. Why, their State papers of our time are the winding sheets of the old ones-the very shrouds in which to thers out of sight of generations whom slavery bury the noble lines and sentences of the fahas missled, or whom a false prudence has intimidated. ** But we must cease looking

any more to Government, we must turn to OURSELVES. A time may be near when the people will be called to act with prudence [how cautious the sentence] and courage beyond all precedent. After strength has been frittered away in wooing the manhood of Border State eunuchs, and reverses have come, and our rulers are fugitives from the proud capital.Should they deem the task of maintaining the sanctity and integrity of the national soil hopeless, then this great people, running through all their States, may yet be called to take up the dispairing work, and carry it to victory!

"The people must have leaders. As yet they have not found them."

THE UNION AS IT OUGHT TO BE.”

[ocr errors][merged small][merged small]

Let us trace the conspiracy of 1862 to its logical conclusions, and make up our verdict from the budget of facts before us.

The following telegraphic dispatch, issued

The Chicago Tribune thus scorns the idea of from the very headquarters of the Government the Union as it was: just about the time the President was compell

"In his letter to Horace Greeley the Presi-ed to yield to the radical policy, and who knows

dent says:

“The sooner the national authority is restored, the

sooner will be the Union as it was.'

that it was not furnished to the press by his order, as a justification of the course he did "There is much ambiguity in this expression. pursue? At all events, take the whole affair, The 'Union as it was,' is a cant phrase, invent-link by link, and does it not show we had the ed by the famous Vallandigham, and fathered Hartford Convention revised? by his dirty tool, Dick Richardson. The meaning they attach to these words is well understood. But such a Union loyal men do not want to see restored. They prefer a Union as it ought to be."

BAYONETS TO DEFY THE PEOPLE.

In the Chicago Tribune of Sept. 17, 1862, we find the following:

"Let it be understood that the people have become lukewarm in the cause [abolition of slavery] in which they are contending, and we shall straightway behold them [the soldiers] asserting their principles in defiance of the people. The bayonets think. The bayonets in the American army bristle with ideas."

THE RADICAL CONSPIRACY OF 1862.

It is well known, that following in the lead of the Hartford Conventionists of 1814, several of the New England Governors, in defiance of the spirit of the Constitution, which forbids the states to enter into any alliance, and what states cannot do the Governors of the states

cannot rightfully undertake, met at Providence, R. I., in secret, and finally adjourned to another secret meeting at Altoona, Pa. All this was done in the summer of 1862, while the radicals were attempting to browbeat Mr. LINCOLN into issuing the proclamation-when he complained of the "terrible pressure" upon him. And it will go down among the legends of history, if even it does not yet appear in bold relief, that those most "Loyal Governors" con

"The Roundhead Conspiracy-Startling Developments-Conspiracy of the Radicals to Depose the President.

"WASHINGTON, Sept. 16, 1862. "Most astounding disclosures have been made here to day, by letters and verbal communications, from prominet politicians, showing that a vast conspiracy has been set on foot by the radicals of the Fremont faction to deFremont at the head of a provisional governpose the present administratior, and place dictator. One of these letters asserts that one ment; in other words, to make him military feature of this conspiracy is the proposed meeting of the governors of the northern states to request President Lincoln to resign, to enable them to carry out their scheme. The writer, in conclusion, says Governor Andrew and Senator Wilson are at work, and they are probably at the bottom of the movement.that the fifty thousand independent volunteers From other well informed sources it is learned proposed to be raised under the auspices of the New York National Union Defence Committee were intended to be a nucleus for the organipurpose of those engaged in this movement to zation of the Fremont conspiracy. It was the have this force armed and organized by the government, and placed under the independent command of their chosen leader, and then to in arms to overthrow the present administracall upon all sympathizers to unite with them tion, and establish in its stead a military dictatorship, to carry on the peculiar policy they ing in this, it is stated that a secret organizadesire the government should execute. Failtion had been inaugurated, the members of which are known by the name of Roundheads.

« PreviousContinue »