« PreviousContinue »
"Whereas, By a statute which was approved on that day, it was enacted by the Senate and in Congress assembled, that during the present House of Representatives of the United States insurrection, the President of the United States, whenever, in his judgment the public safety may require, is authorized to suspend the privilege of the writ of habeas corpus in any State throughout the United States, or ány part thereof, and
dent, the public safety does require that the "Whereas, In the judgment of the Presiprivilege of the said writ shall now be suspendwhere, by the authority of the President of the ed throughout the United States, in cases United States, military, naval and civil officers of the United States, or any of the leading tody, as prisoners of war, spies, or aiders and persons under their command, or in their cusabettors of the enemy, or officers, soldiers or seamen, enrolled, drafted, or mustered, or enforces of the United States, or as deserters listed in, or belonging to the land or naval therefrom, or otherwise amenable to military law, [under Order 38 or 90 this would include everybody and every case] or to the rules and articles of war, or to the rules and regulations 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 naval 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 people, at the late elections, was a verdict against the course pursued by the radical managers, and a direct avowal of distrust of their policy and guidance. It was a popular condemnation of the confusion which they have caused in military affairs, of the little foresight and wisdom shown by them in legislation; of the indecent haste and declamatory violence with which they have disposed of great public ques-modified or revoked. tions; of their factious course as regards the Executive, and their dangerous recklessness as to ordinary constitutional safeguards. Against their rule the people had resolved to register
Administration, the New York Independent remarked:
«These blundering, silly arbitrary arrests have rendered the Administration unpopular in many sections of the country. The people are jealous of their liberties, and they should be So. No loyal man objects to the arrest of a traitor, or of a man fairly open to suspicion, but arbitrary arrests of citizens to-day, who are released within a week, without charge, or an investigation, are as wicked and unjustifiable acts as they are foolish and impolitic. Mr. STANTON guilty of too many of these acts, for the welfare of the Administration and the Republican party.”
Much of the virtue of the foregoing is dissipated in the over-anxiety for the fate of the pated in the over-anxiety for the fate of the "Administration" and the "Republican party!'' The cause of Civil Liberty is of little moment, to the Rev. Divine editor, as against the fate of the Republican party! Like the penitent thief in the stocks, who did not regret the larceny, but manifested great contrition at having been caught !
WHAT A CONSERVATIVE REPUBLICAN THINKS
"I do hereby require all magistrates, attorneys and other civil officers, within the United States, and all officers and others in the military 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 United States to conduct themselves accordingly, and in conformity to the constitution of the U. States, and the laws of Congress, in such case made and provided. In Testimony, &c. BY THE PRESIDENT:
WM. H. SEWARD.
The following is the Proclamation suspending the writ of habeas corpus throughout the United States. We give it entire, as it may be convenient for reference:
ident of the United States, do hereby proclaim "Now, therefore, I, Abraham Lincoln, Presand make known to all whom it may concern, that the privilege of the writ of habeas corpus is suspended throughout the United States, in the several cases before mentioned, and that this suspension shall continue throughout the duration of such rebellion, or until this procsued by the President of the United States, be lamation shall, by a subsequent one, to be is
"WASHINGTON, September 15, 1863. "By the President of the United States. "A PROCLAMATION.
"Whereas, The Constitution of the United 'States has ordained that the privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion, the public safety may require it, and "Whereas, A rebellion was existing on the 3d day of March, 1863, which rebellion is still existing, and
Whereas the Constitution of the United States (article one, section nine,] provides: "Uhe priviledge of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it;" and whereas such provision is contained in the portion of the Constitution defining legislative powers; and not in the provisions defining executive powers, and whereas the Constitution (article four of amendments) further provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated," &c.; and whereas the Thirty-Seventh Congress did by act claim to confer upon the President of the United States the power at his will and pleasure to suspend the privilege of the writ of habeas corpus throughout the United States with- | out limitation or conditions; and whereas the President of the United States, by proclamation, has assumed to suspend such privileges of the citizen in the loyal States; and whereas the people of such States have been subjected to arbitrary arrests without process of law, and to unreasonable searches and seizures, and have been denied the right to a speedy trial and investigation, and have languished in prisons at the arbitrary pleasure of the Chief Executive and his military subordinates; Now, therefore
·Resolved, by the House of Representatives of the United States, That no power is delegated by the Constitution of the United States, either to the legislative or executive branch, to suspend the privilege of the writ of habeas corpus in any State loyal to the Constitution and Government not invaded, and in which the civil and judicial power are in full operation.
2. Resolved, That Congress has no power under the Constitution to delegate to the President of the United States the authority to suspend the privilege of the writ of habeas corpus, and imprison at his pleasure, without process of law or trial, the citizens of the loyal States.
The previous question was seconded, and the main question ordered.
Mr. Holman called for the yeas and nays on the resolutions.
The yeas and nays were ordered.
The question was taken, and it was decided in the negative-yeas 67, nays 90; as follows:
Allen, James C.
Harris, Benj. G.
Baldwin, A. C.
Baldwin, John D. Higby, Beaman,
Hubbard, A. W.
Randall, Samuel J.
Steele, John B. Steele, William G.
White, Chilton A. White, Joseph W. Winfield.
Brown, Wm. G.
Davis, Henry W.
So the resolutions were rejected by a strict party vote
Randall, Wm. H.
Smith, Smithers, Spaulding,
Van Valkenburgh. Washburne, E. B. Washburne, W. B Whaley, Williams,
SUPREME COURT OF WISCONSIN ON SUSPENDING THE WRIT.
No one will doubt the extreme "loyalty" of the members of the Wisconsin Supreme Court. That Court, in the celebrated Kemp case, decided that the President of the United States could not suspend the writ. Judges DIXON and PAINE wrote out lengthy decisions. We only have room to quote from Judge P.'s decision, as follows:
"Whether the writ of habeas corpus is legally suspended or not, depends entirely upon the question whether it requires an act of Congress to suspend it, or whether it may be done by the President alone; and this has been so fully and ably discussed, that whoever is now called on to decide it, can do little more than to indicate which side of the argument he adopts.For myself, I entertain no doubt that it requires an act of Congress. The power to issue the writ is given by law, and the President cannot make a law."
MORE REVOLUTIONARY SYMPTOMS.
Mobbing of Democrats and Democratic Presses... Schenck's Order Suppressing Newspapers... Hascall's Despotic Note to the "New York Express"... How the Republicans Love Free Speech... Mobbing of Douglas in Chicago... Republican Mob in Green County, Wis....Federals, Whigs and Republicans in Juxtaposition...Their Line of Consanguinity...Senator Doolittle vs. Political Doolittle... President Lincoln vs. Political Lincoln... Republicans in Congress Suppress Inquiry into Illegal Acts... Their Preaching vs. Practice... The Negro Voted Out of Illinois and Wisconsin...Abolitionists Selling Negroes for Cotton.
MOBBING OF DEMOCRATS AND DEMOCRATIC PRESSES.
Never was the spirit of bigotry, arrogance and intolerance more glaringly developed than in the party opposed to the Democracy. No matter by what name they may hail-not matter whether in or out of power-they have ever been disposed to carry their points and enforce their dogmas by low, vulgar epithets, gross denunciations, or if need be, by mobs and violence. For years they have preached free soil, free press and freedom," but the moment they came into power, they set about the most proscriptive intolerance, and sought to reduce all who did not endorse their every ism, to abject slavery. They have mobbed Democratic presses in innumerable instances, and sought by military power to suppress the publication
of any newspaper that exposed their manifest delinquencies, wrongs and wholesale plundering of the public exchequer.
They sought to silence the Ohio Crisis by a military mob-the editors of the Harrisburg Patriot & Union were arrested on the most frivolous pretext, and after being kept in durance vile for four weeks, without accusation or proof of wrong, were "honorably discharged" without indemnity. BURNSIDE undertook to place the New York World and the Chicago Times beneath the iron heel of despotism, but the upraising of an outraged people forced the mad despots to relinquish for the time their insane purposes.
We have not the room to give the details of all the cases under this head, but there is scarcely a moderately sized division of the country that has not been disgraced by outrages upon the liberty of the press. If the official authorities could find nothing in a newspaper, which did not reflect their views, sufficient to build up an excuse for its suppression, by military "order," they managed to set in motion a mob to destroy it, as they did in scores of cases in Iowa, Missouri, Illinois, Indiana, Ohio, &c.
In all these cases, the Republican presses have joined in the cry, and endorsed the outrage. A few of the Abolition presses, of the old stock, to their credit, have not hesitated to denounce this blow at civil liberty.
azred us A
"To the Editors of the New York Fxpress;
"GENTS:-Some one has been kind enough to enclose me a slip from your paper containing a copy of my Order No. 9, and your remarks thereon. They are exceedingly witty and smart, and in your judgment, probably, dispose of the whole case. It may surprise you some to know that the order was issued after mature deliberation and consultation, and is being, and will be, carried out to the letter. It is fortunate for you that your paper is not published in my District.
"Very truly yours,
MILO S. HASCALL, "Brig-Gen. Vols., Commanding District.' This demonstrates that kind of cheap despotism which had its orign at Head Quarters, and which has disgraced the age in which we
HOW THE REPUBLICANS LOVE FREE SPEECH.
On the 1st of September, 1854, Senator DOUGLAS attempted to speak in Chicago, and to explain the principles of the Kansas-Nebraska bill. The Republicans, in utter ignorance of those principles, refused to listen, and the following, which we copy from the Wisconsin State Journal, (Rep.) of Sept. 7, 1854, shows how they managed to prevent Mr. DOUGLAS from discussing the measures which they had so ignorantly denounced.
"Gentlemen, by the Nebraska Bill, the people are allowed the right of self government. (A voice. "who appoints the Governor and Judges?”) The President of the United States. The President of the United (Three groans for Pierce.) He appoints Judges in every State in the Union, why should he not in Nebraska and Kansas? ("Read the section of the bill." "Read the bill.") The bill was published in one of your city papers to-day, and you can read at your leisure.(Don't take that paper.) (A voice; "what a head.") The best interests of the United States required that my bill should become a law, and that the right of the people to selfregulation should be recognized. (A voice, "let the niggers govern themselves."
"Gentlemen, we are not talking about niggers, we are talking about the Nebraska-Kansas-bill. Gentlemen you have had a Convention lately, in the First Congressional District. Three cheers for Washburne! Cries for the Harbor bill.) You can't hear anything about the harbor bill to-night, I am talking about the Nebraska bill, and I intend to talk about it. If you think to put a stop to the free discussion of this measure, you are dealing with the wrong person. I shall stay here and talk as long as it suits my convenience. (Chorus: "We won't go home till morning, till morning, till morning. We won't go home till morning, till daylight doth appear.""
"The speaker then defied the crowd to put him down, and said that he should speak again and again if necessary. ('Good! good!' 'Do it more!' 'Try it again!') Another attempt to speak on the Nebraska question was succeeded by a perfect typhoon of discordant voices, and cries of 'Small Giant!' 'Little Dug!' 'Milliken!' 'Dr. McVicker!' 'Cook, carry him home!' 'Young America!' &c."
This, be it remembered, was the Republican account. It does not come up to the reality.
THE GREEN CO., (WIS.) MOB. About the 1st of August, 1862, the RepublicaLs of Green county, Wis., organized themselves into what they termed a Vigilance Committee. They took all matters into their hands, such as defining and punishing treason, &c. They adopted POPE's "Army Oath," and required all to subscribe to it, or be roughly handled. They caught one old, respectable man, loyal and true to his country, and rode him on a rail for refusing to sign the following oath:
of the town of—
"I, —, in the counof Green, and State of do solemnly swear that I am a loyal citizen of the United States of America, that I will bear true allegiance to the same, that I will to the utmost of my ability support the government in its efforts to suppress the rebellion; that in rendering such support I will discountenance in every pessible manner by word or action every sentiment or expression the tendency of which may be to encourage disloyalty to the government, and that I will not by word or deed, countenance any disloyal, secret organization; and for the violation of this oath may I suffer the just penalty of the crime.”
Another by the name of STEVES was roughly handled for the same set, and we let the Rockford (Ill.) Democrat, (Rep) tell the story:
"Mr. John Steves, a well known citizen of Durand, and a very radical Republican in politics, [the mob did not know his politics] we understand, had occasion to visit Monroe, Wisconsin, last week, and while there a vigilance committee of which that vicinity boasts had taken into their hands a supposed secessionist of the place to administer to him the oath of allegiance, and if he refused to do so to inflict upon him a proper punishment. The operations of the committee had drawn together a large and excited crowd. Mr. Steves looked on and saw that their victim was an old man, perhaps seventy years old, whom they were handling, as Mr. Steves thought, with a degree of violence which was hardly removed from brutality. To see an old man thus treated aroused his sympathy, and without stopping to consider the merits of the case as charged against the old man, in the name of common humanity remon strated with the crowd, telling them that they
"The excited crowd instantly turned upon Mr. Steves, and he found himself in their hands and at the mercy of their excitement. vigilance committee took his case in hand, as he learned upon being informed that they were then considering as to what should be done with him. In a few moments one of the committee told him that he had one minute left to take the oath of allegiance or leave the town. Mr. Steves told them that he had not one word of objection to the sentiments of the oath and its purport, and as a voluntary transaction would take it a thousand times; but that he had not said a word or done a thing which gave them any reason to suspect his loyalty, and he should decline to take the oath upon compulsion. All that he had said was a plea for commonly civil, personal treatment towards
FEDERALS, WHIGS AND REPUBLICANS IN JUXTRAPOSITION.
WHIG. 1844 to 1848. DISSOLUTION.
FEDERAL. 1796 to 1814.
"The Northern States can subsist as a nation-a Republic-without any connection with the Southern. It cannot be contested that if the Southern States were possessed of the same political ideas, our Union would be more close than separation, but when it becomes a serious question whether we shall give up our government or part with the States south of the Potomac, no man North of that river, - whose heart is not thoroughly Democratic, can hesitate what
decision to make.
"The Union has long since been virtually dissolved, and it is full time that this part of the United States should take care of itself-p. 19.
an old gray haired man whom they had taken into their hands, and whom in the excitement of their anger he thought they were treating inhumanly. He asked to see the committee as a body and make a statement to them, believing when they had heard all, they would see his case in the right light, and leave him to himself. The committee refused to see him, and at the expiration of the minute, the crowd took him, placed him upon a rail, and carried him on it to his wagon, and ordered him to leave town immediately. This accomplished, Mr. Steves, at the earnest solicitation of a friend whose goods he had been moving to Monroe, and whom as he was just starting in business there, he (Mr. Steves) did not wish to compromise, volunteered to take the oath of allegiance, and it was accordingly administered to him. Thus relieving himself from the penalty of his refusal, he was allowod to remain in town until next day, and then took his departure for home, satisfied with his visit to Monroe."
"Resolved, Rather than see slavery established on Mexican territory as the result of this accursed war, it were better this Union should be at once dissolved.-Whig Resolution in Worcester, Mass., 1847.
"On the 24th of February, 1842, John Quincy Adams presented a petition in the House of Representatives, signed by a large number of citizens of Haverhill, Mass., for a peaceable dissolution of the Union, 'assigning as one of the reasons, the inequality
"I shall, in the future pa- of benefits conferred upon, pers, consider some of the different sections.'"-Blake's great events, which will lead History of Slavery, p. 524. to a separation of the United States-show the importance of retaining their present Constitution, even at the expense of a separation-endeavor to prove the impossibility of a Union for any long period in future, both from the moral and political habits of the citizens of the Southern States, and finally examine carefully to see whether we have not already approached to the era when they must be divided." -From Pelham's Pamphlet, 1796.
"We cannot possibly look
"Were I a Mexican, I would
licanism. Thomas Corwin,