« PreviousContinue »
WHAT A CONSERVATIVE REPUBLICAN THINKS
Administration, the New York Independent re- Whereas, By a statute which was approved marked :
on that day, it was enacted by the Senate and * These blundering silly arbitrary arrests in Congress assembled, that during the present
House of Representatives of the United States have rendered the Administration unpopular insurrection, the President of the United in many sections of the country, The people. States, whenever, in his judgment the public are jealous of their liberties, and they should be safety may require, is authorized to suspend 80. No loyal man objects to the arrest of a traitor, or of a man fairly open to suspicion, the privilege of the writ of habeas corpus in but arbitrary arrests of citizens ito-day, whó any State throughout the United States, or are released within a week, without charge, or
ány part thereof, and an investigation, are as wicked and unjustifia-dent, the public safety does require that the
...Whereas, In the judgment of the Presible acts as they are foolish and impolitic: Mr. privilege of the said writ shall now be suspendSTANTON has been guilty of too many of these acts, for the welfare of the Administration and where, by the authority of the President of the
ed throughout the United States, in cases the Republican party.".
Much of the virtue of the foregoing is dissia Logited States, military, naval and civo cers pated in the over-anxiety for the fate of the tody, as prisoners of war, spies, or aiders and
persons under their command, or in their cus" Administration" and the Republican par-abettors of the enemy, or officers, soldiers or ty!" The cause of Civil Liberty is of little seamen, enrolled, drafted, or muster moment, to the Rev. Divine editor, as against forces of the United States, or as deserters
listed in, or belonging to the land or naval the fate of the Republican party Like the therefrom, or otherwise amenable to military penitent thief in the stocks, who did not re- law, (under Order 38 or 90 this would include gret the larceny, but manifested great contri- everybody and every case] or to the rules and
articles of war, or to the rules and regulations tion at having been caught !
prescribed for the military or naval services, by the authority of the President of the United States, or for resisting a draft, or for any other
offences against the military or nával services The Boston Advertiser, soon after the elec- [is not this broad enough to cover everything tion in 1862, said:
and everybody?] "We say, then, that the decision of the
"Now, therefore, I, Abraham Lincoln, Presple, at the late elections, was a verdict against ident of the United States, do hereby proclaim the course pursued by the radical managers, that the privilege of the writ of habeas corpus
and make known to all whom it may concern, and a direct avowal of distrust of their policy is suspended throughout the United States, in and guidance. It was a popular condemnation of the confusion which they have caused in the several cases before mentioned, and that military affairs, of the little foresight and wis- this suspension shall continue throughout the dom shown by them in legislation; of the in- duration of such rebellion, or until this procdecent haste and declamatory violence with lamation shall, by a subsequent one, to be isWhich they have disposed of great public ques- modified or revoked.
sued by the President of the United States, be tions; of their factious course as regards the Executive, and their dangerous recklessness as
"I do hereby require all magistrates, attorto ordinary constitutional
safeguards. Against neys and other civil officers, within the United their rule the people had resolved to register States, and all oficers and others in the milia verdict."
tary or naval services of the United States, to
take distinct notice of this suspension, and to PRESIDENT'S SUSPENSION OF THE WRIT OF give it full effect; all other citizens of the Uni
ted States to conduct themselves accordingly,
and in conformity to the constitution of the U. The following is the proclamation suspend. States, and the laws of Congress, in such case ing the writ of habeas corpus throughout the made and provided. In Testimony, &c. United States. We give it entire, as it may be BY THE PRESIDENT: convenient for reference:
This proclamation, be it rememberd, was is“WASHINGTON, September 15, 1863.
sued shortly after the fall of Vicksburg, when "By the President of the United States.
our arms were victorious in all the South West "A PROCLAMATION.
-When not a threatening ripple disturbed the Whereas, The Constitution of the United States has ordained that the privilege of the placid North-no disturbance—no factious unless in case of rebellion or invasion, the pub- opposition—no organized menacing of the conlic safety may require it, and
"Whereas, A rebellion was existing on the stituted authorities--no cause of fear—while 3d day of March, 1863, which rebellion is still the brightest rays of victory had penetrated existing, and
the black and rapidly separating clouds of war
- just when hope began to light up the gloomy Mr. Lovejoy I want to state a fact:horizon--came this proclamation, like a thun
The Speaker---Debate is not in order.
Mr. Lovejoy-Would it not be in order to derbolt from a clear sky! No explanations
move to refer these resolutions to a committee are given. No reasons set forth-no neces. on Buncombe when it shall! be appointed?-ity" exbibited. The President takes this del [Laughter.]
The Speaker-It would not. egated power second hand from Congress, with
Mr. Fenton, (Rep.)-Imóve' to lay the resothe power to make and adjudicate all laws,
laws, Tutions on the table. added to his own power as Executive.
Mr. Davis; of Maryland, (Rep.) -I beg that Is not this, in the language of EDWARD gentleman will allow us to have a direct vote
on the resolutions and reject them, so as to get LIVINGSTON, a refinement on Despotism ???
done with this work of laying resolutions on
the table. THE WAY THE MAGNA CHARTA WAS TREATED
Mr. Fenton-1 withdraw the motion to lay
on the table. We close this chapter with the following, The previous question was seconded, and taken from the proceedings of the House of the main question ordered.
Mr. Holman called for the yeas and nays on Representatives, Dec. 17, 1863. It will bear, the resolutions. preserving for the future:
The yeas and nays were ordered:
The question was taken, and it was decided ARBITRARY ARRESTS.
in the negative-yeas 67, nays 90; as follows:
YEAS. "Mr. Harrington, (Dem.) offered the following resolutions, and demanded the previous Allen, James C. Harris, Benj. G. O'Neill, John. question on their adoption:
Allen, William J. Herrick,
Perry, Whereas the Constitution of the United States (article Baldwin, A. C. Johnson, William Radford, one, section nine,) provides: "Uhe priviledge of the writ
Randall, Samuel J. of habeas corpus shall not be suspended, unless when in Brooks,
Robinson, cases of rebellion or invasion the public safety may require Brown, James S. Knapp,
Rogers, it;" and whereas such provision is contained in the por- Chandler,
Ross, tion of the Constitution defining legislative powers; and
Scott, not in the provisions defining executive powers, and Cox.
Steele, John B. whereas the Constitution (article four of amendments)
Steele, William G. further provides: “The right of the people to be secure in Dawson,
Stiles, their persons, houses, papers, and effects, against unrea- Dennison,
Strouse, sonable searches and seizures, shall not be violated,' &c.;
Sweat, and whereas the Thirty-Seventh Congress did by act claim Edgerton, McKinney,
Voorhees, to confer upon the President of the United States the pow- Eldridge,
Wadsworth, er at his will and pleasure to suspend the privilege of the English,
Miller, Willliam H.Ward, writ of habeas corpus throughout the United States with
Morris, James R. Wheeler, out limitation or conditions; and whereas the President of Ganson,
White, Chilton A. the United States, by proclamation, has assumed to sus- Grider,
White, Joseph W. pend such privileges of the citizen in the loyal States; and
Winfield. whereas the people of such States have been subjected to Harding,
Wood Fernando arbitrary arrests without process of law, and to unrêàson. Harrington, able searches and seizures, and have been denied the right
NAYS. to a speedy trial and investigation, and have languished in prisons at the arbitrary pleasure of the Chief Executive Alley,
Norton, and his military subordinates; Now, therefore
O'Neill, Charles Resolved, by the House of Representatives of the United ) Ames,
Orth, States, That no power is delegated by the Constitution of Arnold,
Perham, the United States, either to the legislative or executive Ashley,
Pike, branch, to suspend the privilege of the writ of habeas cor- Baldwin, John D. Higby,
Pomeroy, pus in any State loyal to the Constitution and Government Beaman,
Price, not invaded, and in which the civil and judicial power are Blaine,
Hotchkiss, Randall, Wm. H: in full operation.
Hubbard, 'A. W. Rice, Alex, H. 2. Resolved, That Congress has no power under the Routwell,
Hubbard, John H. Rice, John H. Constitution to delegate to the President of the United Brandegee, Hulburd,
Rollins, E. H. States the authority to suspend the privilege of the writ of Broomall,
Schenck, habeas corpus, and imprison at his pleasure, without pro- Brown, Wm.G. Julian,
Scofield, cess of law or trial, the citizens of the loyal States.
Clark, Ambrose W.Kasson,
Shannon, 3. Resolved, That the assumption of the right by the Clarke, Freeman Kelley,
Sloan, executive of the United States to deprive the citizens of Clay,
Kellogg, T. A. Smith, such loyal States of the benefits of the writ of habeas cor- Cobb,
Kellogg, Orlando Smithers, pus, and to imprison them at his pleasure, without process Cole,
Spaulding, of law, is unworthy the progress of the age, is consistent Creswell,
Stevens, only with a despotic power unlimited by constitutional ob- | Davis, Henry W. Lovejoy,
Thayer, ligations, and is wholly subversive of the elementary prin. Davis, Thomas T. Marvin,
Tracey, ciples of freedom upon which the Government of the Uni- Dawes,
Van Valkenburgh ted States and of the several States, is based.
Washburne, E. B. 4. Resolved, That the Judiciary Committee be instruct- Donnelly, McIndoe,
Washburne, W. B ed to prepare and report a bill to this House protecting the Driggs,
Miller, Sam'l. F. Whaley, rights of the citizens in the loyal States, in strict accord
Williams, ance with the foregoing provisions of the Constitution of Eckley,
Wilder, the United States.
Myers, Leonard Woodbridge, -90. The Speaker--Debate is not in order.
So the resolutions were rejected by a strict party vote
SUPREME COURT OF WISCONSIN ON SUSPEND
ING THE WRIT.
of any newspaper that exposed their manifest
delinquencies, wrongs and wholesale plunderNo one will doubt the extreme "loyalty'? of ing of the public exchequer. the members of the Wisconsin Supreme Court.
They sought to silence the Ohio Crisis by a That Court, in the celebrated Kemp case, de- military mob--the editors of the Harrisburg cided that the President of the United States | Patriot & Union were arrested on the most could not suspend the writ. Judges Dixon frivolous pretext, and after being kept in duand PAINE wrote out lengthy decisions. We rance vile for four weeks, without accusation only have room to quote from Judge P.is' de- or proof of wrong, were "honorably discision, as follows:
charged" without indemnity. BURNSIDE un"Whether the writ of habeas corpus is legal
dertook to place the New York World and the ly suspended or not, depends entirely upon the Chicago Times beneath the iron heel of despotquestion whether it requires an act of Congress ism, but the upraising of an outraged people to suspend it, or whether it may be done by forced the mad despots to relinquish for the the President alone; and this has been so fully time their insane purposes. and ably discussed, that whoever is now called on to decide it, can,do little more than to indi- . We have not the room to give the details of cate which side of the argument he adopts:- all the cases under this head, but there is For myself, I entertain no doubt that it re- scarcely a moderately sized division of the quires an act of Congress. The power to issue the writ is given by law, and the President country that has not been disgraced by outcannot make a law."
rages upon the liberty of the press. If the And Judge Paine might have added, as he official authorities could find nothing in a newsdoes, virtually, that Congress cannot delegate paper, which did not reflect their views, suffito the President the law making power.
cient to build up an excuse for its suppression, by military "order," they managed to set in motion a mob to destroy i“, as they did in
scores of cases in Iowa, Missouri, Illinois, InCHAPTER XXXII.
diana, Ohio, &c.
In all these cases, the Republican presses
have joined in the cry, and endorsed the outMobbing of Democrats and Democratic Presses... Schenck's
Order Suppressing Newspapers... Hascall's Despotic Note rage. A few of the Abolition presses, of the to the New York Express”...How the Republicans old stock, to their credit, have not hesitated to Love Freo Speech... Mobbing of Douglas in Chicago... Republican Mob in Green County, Wis.... Eederals, Whigs denounce this blow at civil liberty. and Republicans in Juxtaposition... Their Line of Consanguinity... Senator Doolittle vs. Political Doolittle... CHENCK'S ORDER SUPPRESSING NEWSPAPERS President Lincoln vs. Political Lincoln... Republicans in Congress Suppress Inquiry into Illegal Acts... Their As a sample of a large class, we place on rePreaching vs. Practice...
The Negro Voted Out of Illinois cord the following Order” by the notorious and Wisconsin... Abolitionists Selling Negroes for Cotton.
SCHENCK: MOBBING OF DEMOCRATS AND DEMOCRATIC
"HEADQUARTERS STH ARMY CORPS, PRESSES.
"Baltimore, June 20, 1863. Never was the spirit of bigotry, arrogance
"The following newspapers have been supand intolerance more glaringly developed than pressed within the limits of this Department, in the party opposed to the Democracy." No od to publish extracts from their columns. matter by whät name they may hail-not matter "By order of the General Commanding. whether in or out of power-they have ever
“The New York Express. been disposed to carry their points and enforce “The Cincinnati Enquirer. their dogmas by low, vulgar epithets, gross dė
"The Chicago Times.
The New York Caucasian. nunciations, or if need be, by mobs and vio
W. S. FISH,
"Lieut. Col. and Provost Marshal." lence. For years they have preached "free soil, free press and freedom,?! but the moment No reason is here given, for the best reason they came into power, they set about the most in the world-SCHENOK had no reason to give proscriptive intolerance, and sought to reduce save his own malignity. We will here drop the all who did not endorse their every ism, to ab- curtain on this branch of free despotism. ject slavery. They have 'mobbed Democratic Our "library would not be complete withpresses-in innumerable instances, and sought out the following gem, which bears its own by military power to suppress the publication comments:
MORE REVOLUTIONARY SYMPTOMS,
"The New York World.
HEADQUARTERS DISTRICT OF INDIANA,
"The speaker then defied the crowd to put Department of the Ohio,
him down, and said that he should speak again Indianapolis, May 5th, 1863.
and again if necessary. (“Good! good!' 'Do it 6. To the Editors of the New York Fxpress;
more! Try it again!'). Another attempt to "GENTS:--Some one has been kind enough speak on the Nebraska question was succeeded to enclose me a slip from your paper contain-by a perfect typhoon of discordant voices, and
Order No. 9, and your re- cries of 'Small Giant!' 'Little Dug!' Millimarks thereon. They are exceedingly witty ken!' '' Cook, carry him and smart, and in your judgment, probably, home!'. 'Young America!' &c." dispose of the whole case. It may surprise
This, be it remembered, was the Republican you some to know that the order was issued after mature deliberation and consultation, and account. It does not come up to the reality. is being, and will be carried out to the letter. It is fortunate for you that your paper is not
THE GREEN CO., (wis.) MOB. published in my District.
About the 1st of August, 1862, the Republi“Very truly yours,
MILO S. HASCALL, "Brig-Gen. Vols., Commanding District.' cals of Green county, Wis., organized themThis demonstrates that kind of cheap des- selves into what they termed a Vigilance Compotism which had its origo at Head Quarters, mittee. They took all matters into their and which has disgraced the age in which we hands, such as defining and punishing treas
on, &c. They adopted Pope'8"Army Oath," live.
and required all to subscribe to it, or be roughHOW THE REPUBLICANS LOVE FREE SPEECH. ly handled. They caught one old, respectable
On the 1st of September, 1854, Senator man, loyal and true to his country, and rode DOUGLAS attempted to speak in Chicago, and him on a rail for refusing to sign the following
oath: to explain the principles of the Kansas-Nebras. ka bill. The Republicans, in utter ignorance ty of Green, and State of Wisconsin, do sol
of the town of -, in the counof those principles, refused to listen, and the emnly swear that I am a loyal citizen of the following, which we copy from the Wisconsin United States of America, that I will bear true State Journal, (Rep.) of Sept. 7, 1854, shows allegiance to the same, that I will to the uthow they managed to prevent Mr. DOUGLAS most of my ability support the govcament in
its efforts to suppress the rebellion; that in from discussing the measures which they had rendering such support I will discountenance so ignorantly denounced.
in every pessible manner by word or action "Gentlemen, by the Nebraska Bill, the peo- which may be to encourage disloyalty to the
every sentiment or expression the tendency of ple are allowed the right of self government. (A voice. "who appoints the Governor and government, and that I will not by word or Judges?!!) The President of the United States. zation; and for the violation of this oath may I
deed, countenance any disloyal, secret organi(Three groans for Pierce.). He appoints Judges suffer the just penalty of the crime.” in every State in the Union; why should he not in Nebraska and Kansas? ('Read the Another by the name of STEVES was roughsection of the bill.”. “Read the bill.??) The ly handled for the same set, and we let the bill was published in one of your city, papers Rockford (111.) Democrat, (Rep) tell the story: to-day, and you can read at your leisure.(Don't take that paper:) (A voice; "what a “Mr. John Steves, a well known citizen of head.") The best interests of the United Durand, and a very radical Republican in polStates required that my bill should become a itics, [the mob did not know his politics] we law, and that the right of the people to self- understand, had occasion to visit Monroe, Wisregulation should be recognized. (A voice consin, last week, and while there a vigilance "let the niggers govern themselves."
committee of which that vicinity boasts had "Gentlemen, we are not talking about nig- taken into their hands a supposed secessionist gers, we are talking about the Nebraska-Kan- of the place to administer to him the oath of sas-bill. Gentlemen you have had a Conven- allegiance, and if he refused to do so to inflict tion lately, in the First Congressional District. upon him a proper punishment. The operations (Three cheers for Washburne! Cries for the of the committee had drawn together a large Harbor bill.) You can't hear anything about and excited crowd. Mr. Steves looked on and the harbor bill to-night, I am talking about saw that their victim was an old man, perhaps the Nebraska bill, and I'intend to talk about seventy years old, whom they were handling, it. If you think to put a stop to the free dis- as Mr. Steves thought, with a degree of viocussion of this measure, you are dealing with lence which was hardly removed from brutalithe wrong person. I shall stay here and talk ty. To see an old man thus treated aroused as long as it suits my convenience... (Chorus: his sympathy, and without stopping to consider 'We won't go home till morning, till morning, the merits of the case as charged against the old till morning. We won't go home till morning, man, in the name of common humanity remontill daylight doth appear.")
strated with the crowd, telling them that they
ought to treat him more civily, and consider upon an old gray haired man whom they had taken
criminal who was to be hanged within the next of their anger he thought they were treating half hour was entitled to a decent respect and inhumanly. He asked to see the committee as inviolability of his person in the mean time. a body and make a statement to them, believ.
“The excited crowd instantly turned upon ing when they had heard all, they would see Mr. Steves, and he found himself in their hands his case in the right light, and leave him to and at the mercy of their excitement. The himself. The committee refused to see him, vigilance committee took his case in hand, as and at the expiration of the minute, the crowd he learned upon being informed that they were took him, placed him upon a rail, and carried then considering as to what should be done him on it to his wagon, and ordered him to with him. In a few moments one of the com- leave town immediately. This accomplished, mittee told him that he had one minute left to Mr. Steves, at the earnest solicitation of a take the oath of allegiance or leave the town. | friend whose goods he had been moving to MonMr. Steves told them that he had not one word roe, and whom as he was just starting in busiof objection to the sentiments of the oath and ness there, he (Mr. Steves) did not wish to its purport, and as a voluntary transaction compromise, volunteered to take the oath of would take it a thousand times; but that he allegiance, and it was accordingly administerhad not said a word or done a thing whiched to him. Thus relieving himself from the gave them any reason to suspect his loyalty, penalty of his refusal, he was allowod to reand he should decline to take the oath upon main in town until next day, and then took his. compulsion. All that he had said was a plea departure for home, satisfied with his visit to for commonly civil, personal treatment towards Monroe.''
"The Northern States can 6. Resolved, Rather than see [Resolution adopted by the American subsist as a nation-a Repub- slavery established on Mexi
Anti-Slavery Society, New York,
December, 1858.] lic-without any connection can territory as the result of with the Southern. It cannot this accursed war, it were bet
“Whereas, The dissolution be conteste hat if the South- ter this Union should be at of the present imperfect and ern States were possessed of once dissolved.- Whig Reso- inglorious Union between the the same political ideas, our lution in Worcester, Mass., free and slave states would reUnion would be more close 1847.
sult in the overthrow of slave. than separation, but when it "On the 24th of February, tion of a more perfect and glo
ry and the consequent foundabecomes a serious question 1842, John Quincy Adams rious Union, without the incuwhether we shall give up our government or part with the presented a petition in the bus of slavery, therefore States south of the Potomac, signed by a large number of
"Resolved, That we invite no man North of that river, citizens of Haverhill, Mass., disunionists of the South, in
a free correspondence with the whose heart is not thoroughly for a peaceable dissolution of order to devise the most suitDemocratic, can hesitate what the Union, 'assigning as one decision to make.
able of the reasons, the inequality the consummation so devout
way and means to secure "I shall, in the future pa- of benefits conferred upon the edly to be wished.”' pers, consider some of the different sections.?11– great events, which will lead
- Resolved, That it is the to , a separation of the United History of Slavery, p. 524.
duty of the North in case they States-show the importance
"We cannot possibly look fail in electing a President of retaining their present favorably upon this war. Its and Congress that will restore Constitution, even at the ex- first act was a gross outrage freedom to Kansas, to revolupense of a separation-endea- upon Mexico, and can it be tionize the government!". vor to prove the impossibility supposed by Mr. Polk and his Republicans of Green Co.,
Wis. 1856. of a Union for any long period advisers, that an in future, both from the moral glaring—a crime so unpardon
Mr. Garrison made a speech and political habits of the cit- able, as this Mexican war, can izens of the Southern States, be whitewashed?»— Mt. Car. in 1856, in which he declared: and finally examine carefully miel Register, 1847.
"I have said, and I say to see whether we have not al
"Were I a Mexican, I would again, that in proportion to ready approached to the era welcome these invaders with the growth of disunionism, when they must be divided.”' bloody hands to hospitable will be the growth of Repub-From Pelham's Pamphlet, graves." - Thomas Corwin; is a lie. The American Union
The Union 1796.
1847. "The Union has long since
is an imposture, and a covenbeen virtually dissolved, and it
ant with death, and an agreeis full time that this part of
ment with hell. the United States should take
for its overthrow. care of itself.-p. 19.
with the flag of disunion, that
I am * Up