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pected to inform the Senate whether Dr. John Law and I lay the whole subject on the table ; which was Whitley Meredith, or either of them, citizens of the State agreed to-yeas 22, nays 16, as follows: of Iklaware, have been arrested and imprisoned in Fort Delaware; when they were arrested and so imprisoned; the YEAS-Messrs. Anthony, Arnold, Chandler, Clark, Fessencharges against them; by whom made; by what orders they den, Foot, Foster, Grimes, Hale, Harlan, Harris, Hicks, were arrested and imprisoned; and that he communicate to Howard, Howe, King, Lane of Kansas, Morrill, Pomeroy, the Senate all papers relating to their arrest and imprison- Sumner, Wade, Wilkinson, Wilson of Massachusetts-22.

Nays--Messrs. Bayard, Carlile, Daris, Harding, IlenderWhich was laid upon the table-yeas 29, Saulsbury, Turpie, Wall, Willey, Wilson of Missouri–16.

son, Kennedy, Latham, McDougall, Powel, Rice, Richardson, Days 13, as follows: Fus–Messrs. Anthony, Arnold, Browning, Chandler,

IN HOUSE.
Clark, Collamer, Dixon, Doolittle, Fessenden, Field, Foot,
Foster, Grimes, Hale, Harlan, Harris, Howard, Howo, King,

1862, Dec. 1-Mr. Cox offered the following Lage of Kansas, Morrill, Sumner, Ten Eyck, Trumbull

, preamble and resolution: Wade Wilkinson, Wilmot, Wilson of Massachusetts, Wright

Whereas, many citizens of the United States have beer NA75-Messrs. Bayard, Carlile, Cowan, Davis, Harding, seized by persons acting, or pretending to be acting, uudet Henderson, Kennedy, Nesmith, Powell, Rice, Saulsbury, out of the jurisdiction of the States of their residence, ang

the authority of the United States, and have been carried Willey, Wilson of Missouri-13.

imprisoned in the military prisons and camps of the Unite December 3—Mr. POWELL offered the follow- States, without any public charge being preferred against ing joint resolution :

them, and without any opportunity being allowed to learı

or disprove the charges made,or alleged to be made, agains' Whereas, many citizens of the United States have been them: and whereas, such arrests have been made in States reized by persons acting, or pretending to be acting, under where there was no insurrection or rebellion, or pretence the authority of the United States, and have been carried thereof, or any other obstruction against the authority of out of the jurisdiction of the States of their residence and the Government: and whereas, it is the sacred right of imprisoned in the military prisons and camps of the United every citizen of the United States, that he shall not be de States without any public charge being preferred against prived of liberty without due process of law, and when arthem, and without any opportunity being allowed to learn rested, that he shall have a speedy and public trial by an or disprove the charges made or alleged to be made against impartial jury of his countrymen: Therefore, them; and whereas, it is the sacred right of every citizen Resolved, "s'hat the House of Representatives do hereby that he shall not be deprived of liberty without duo process condemn all such arrests as unwarranted by the Constituof law, and when arrested shall have a speedy and public tion and laws of the United States, and as a usurpation of trial by an impartial jury: Therefore

power never given up by the people to their rulers, and do Be i redred by the Senate and House of Representatives hereby demand that all such arrests shall hereafter cease, of the United States of America in Congress assembled, That and that all persons so arrested and yet held should have a All such arrests are unwarranted by the Constitution and prompt and public trial, according to the provisions of the laws of the United States, and a usurpation of power never Constitution. given by the people to the President or any other official. All such arrests are hereby condemned and declared palpa

Which was laid on the table-yeas 80, nays ble violations of the Constitution of the United States; and 40. The Nays were : it is hereby demanded that all such arrests shall hereafter

Messrs. Ancona, Baily, Biddle, Jacob B. Blair, Cal erase, and that all persons so arrested and yet held should have a prompt and speedy public trial according to the

pro-Grider, Haight, Hall, Harding, Holman Knapp, Law, La

vert, Corning, Cox, Crittenden, English, Fouke, Granger, visions of the Constitution, or should be immediately released.

zear, Menzies, Morris, Noble, Norton, Nugen, Odel, Price,

Richardson, Sheffield, Shiel, John B. Steele, William G. Laid on the table and printed.

Steele, Stiles, Benjamin F. Thomas, Francis Thomas, Val1863, February 26–Mr. POWELL offered the landigham, Ward, Chilton A. White, Wickliffe, Wright,

Yeaman-40. following r:solution :

December 1-Mr. RICHARDSON offered the Resolved, That a committee of three be appointed to ino vestigate the conduct of Colonel Gilbert, who, in command following resolution : of a regiment of United States soldiers, dispersed a Demo- Resolved, That-the President of the United States be reWatie Convention of peaceable citizens of the State of Ken- quested to inform this House what citizens of Illinois are tucky, assembled at the capital of that State, on the 18th of now confines in the Forts Warren, Lafayette, and Delaware, February, 1863, for the purpose of nominating candidates or the Old Capitol prison, and any other forts or places of la Governor and Lieutenant Governor and other State of confinement; what the charges are against said persons; cers. That said committee investigate all the facts con

also the places where they were arrested. That the Presi. Dected with the aforesaid action of Colonel Gilbert and the dent be further requested to inform this House of the names officers and soldiers under his command; and the said com- of the persons that have been arrested in Illinois and taken mitte are hereby authorized to send for persons and papers, to and confined in prisons outside of the limits of said State, examine witnesses, and that they be authorized to ad- and who have been released, what were the charges against diinister oaths to witnesses; and that said committeo be each of them, by whom the charges were made, also by suthorized to hold sessions in the State of Kentucky or whose order said arrests were made, and the authority of deewhere, and to employ a reporter to take down testi. law for such arrests. bany; and that they report, &c.

Which was laid upon the table-yeas 74, March 3—The Senate refused to take up the nays 40. The Nays wereresolution -Jeas 10, nays 25, as follows:

Messrs. Ancona, Baily, Biddle, Calvert, Roscoe Conkling, YEAs-Mears. Carlile, Cowan, Davis, Lane of Kansas, Conway, Corning, Cox, Crittenden, Dunn, English, Pouke, Latham. Nesmith, Powell, Saulsbury, Wall, Wilson of Mis Granger, Grider, Hall, Harding, Holman, William Kellogg, souri-10.

Knapp, Law, Lazear, Leary, Mencies, Morris, Noble, Nortom Naen el Portor Price Pishardam Toni R

Burnham, Calvert, Clements, Cobb, Cox, Cravens, Crittenden, | invaded, and in which the civil and judicial powers are in
Dunn, English, Granger, Grider, Hale, Harding, Johnson, full operation.
William Kellogg, Kerrigan, Knapp, Law, Larear, Leary, 2. Resolved, That Congress has no power under the Con-
May, Morris, Noble, Norton, Nugen, Pendleton, Price, Rob stitution to delegate to the President of the United States
inson, James S. Rollins, Shiel, Smith, Benjamin F. Thomas, the authority to suspend the privilege of the writ of habeas
Francis Thomas, Vallandigham, Vibbard, Voorhees, Wads- | corpus, and imprison at his pleasure, without process of law
worth, Ward, Chilton A. White, Wickliff's, Woodruff, Wor- or trial, the citizens of the loyal States.
cester, Wright, Yeaman–48.

3. Resolved, that the assumption of the right by the Ex

ecutive of the United States to deprive the itizens of euch December 15-Mr. PENDLETON offered the fol- loyal States of the benefits of the writ of habeas corpuss, lowing resolution :

and to imprison them at his pleasure, without process of Resolved, That the President be requested to inform this with a despotic power uulimited by constitutional obliga

law, is unworthy the progress of the age, is consistent only House, if in his opinion not inconsistent with the public tions, and is wholly subversive of the elementary principles interest, whether in any oath of allegiance or parole re- of freedom, upon which the Government of the United quired to be taken by any prisoner held in custody as a 80- States and of the several States is based. called political prisoner, there has been inserted a clause to the effect that he should not bring suit for the recovery of prepare and report a bill to this House protecting the rights

4. Resolved, That the Judiciary Committee be instructed to damages for such imprisonment, or that he should not op of the citizens in the loyal States, in strict accordance with pose, hy speech or otherwise, the war measures of the Ad- the foregoing provisions of the Constitution of the United ministration.

States. Which was laid on the table by the following Which was negatived-yeas 67, nays 90, 48 vote--yeas 77, nays 43.

follows: March 3–Mr. May offered the following res

YEAS--Messrs. James C. Allen, William J. Allen, Ancona olution :

Augustus C. Baldwin, Bliss, Brooks, Brown, Chanler, CofWhereas it is represented that Major General Schenck, froth, Cox, Cravens, Dawson, Denison, Eden, Edgerton, ÉLcommanding the forces of the United States stationed in dridge, English, Finck, Ganson, Grider, Hall, Harding, Baltimore, Maryland, has ordered, as a condition to be an- Harrington, Benjamin G. Harris, Herrick, Holman, Wie nexed to the worship of Almighty God by certain religious liam Johnson, Kernan, King, Knapp, Law, Le Blond, Long, societies or congregations of the Methodist Church of that Mallory, Marcy, McAllister, Mc Dowell, McKinney, Middle city, that the flag of the United States shall be conspicu- ton, William H. Miller, James R. Morris, Morrison, Nesom, ously displayed at the time and place of such worship: and Noble, Odell, John O'Neill, Pendleton, Pary, Radford, Sam whereas the said order is a plain violation of the inalien- uel J. Randall, Robinson, Rogers, Ross, Scott, John B. Steele, alle right to worship God according to the dictates of every

William G. Steele, Stiles, Strouse, Sweat, voorheca, Wadsone's conscience, as it is asserted by the said congregations, worth, Ward, Wheeler, Chilton A. White, Joseph W. While and also by our declarations of fundamental rights and se | Winfield, Wood-67. cured by our State and Federal Constitutions : and whereas

NÄYS–Messrs. Alley, Allison, Ames, Arnold, Ashley, John a minister of the said congregation, the Rev. John H. Dash- D. Baldwin, Beaman, Blaine, Blow, Boutwell, Brandegee, iell, having, on Monday, the 15th ultimo, removed the said Broomall, William G. Brown, Ambrose W. Clark, Freeman flug from his own premises, which was also the place of Clarke, Clay, Cobb, Cole, Creswell, Henry Winter Daris, worship of one of said congregations, where the said flag Thomas T. Davis, Dawes, Dixon, Donnelly, Driggs, Dumont, had been placed surreptitiously by some evil-minded per- Eckley, Eliot, Farnsworth, Feuton, Frank, Garfield, Gooch, son, and for so doing was arrested by order of the said Gen-Grinnell, Hale, Higby, Hooper, Hotchkiss, Asahel W. Hub eral Schenck and held as a prisoner: Therefore,

bard, John II. Hubbard, Hulburd, Jenckes, Julian, Kasson, Be it resolved, That the Judiciary Committee be, and Kelley, Francis W. Kellogg, Orlando Kellogg, Loan, Long hereby is, instructed to inquire into the allegations afore year, Lovejoy, Marvin, McBride, McClurg, McIndoe, Samuel said, and ascertain by what authority the said General F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Schenck exercises a power to regulate or interfere with the Leonard Myors, Norton, Charles O'Neill, Orth, Perham, Pike privileges of divine worship, and also to arrest and detain Pomeroy, Price, William H. Kandall, Alexander H. Rice as a prisoner the said minister of the Gospel, as aforesaid; John H. Rice, Edward H. Rollins, Schenck, Scofield, Shan and, further, that said committee be instructed to report non, Sloan, Smithers, Spalding, Stevens, Thayer, Tracy, Far upon the same at an early day.

Valkenburgh, Ellihu B. Washburne, William B. Wash The House refused to suspend the rules to bridge-90.

burn, Whaley, Williams, Wilder, Wilson, Windom, Woo get the resolution before the House-ayes 28, noes 79, (yeas and nays not called )

1864, February 29—Mr. PENDLETON offer the following resolution :

Resolved, (as the sense of this House) That the milit First Session, Thirty-Eighth Congress. arrest, without civil warrant, and trial by military o 1863, December 17-Mr. HARRINGTON offered of Ohio, not in the land or naval forces of the United St

mission without jury, of Clement L. Vallandigham, a citi this resolution :

or the militia in actual service, by order of Major Gen Whereas the Constitution of the United States (article Burnside, and his subsequent banishment by order of one, section nine) provides: “The privilege of the writ of President, executed by military force, were acts of habeas corpus shall not be suspended, unless when, in cases arbitrary power, in palpable violation of the Constita of rebellion or invasion, the public safety may require it:' and laws of the United ŝtates. and whereas such provision is contained in the portion of Which the House refused to table-yeas nrovisions defining executive power and whereas the nays 84, and then rejected—yeas 47, nays

Bar, Stevens, Thayer, Thomas, Upson, Van Valkenburgh, I this bill, which was referred to the Committee
Elibu B. Washburne, William B. Washburn, Whaley, on the Judiciary :
Williams, Wilder, Wilson, Windom, Woodbridge-77.
January 25—Mr. McDowell offered the fol- of chapter 200, of an act approved the 17th of July, 1962

Be it enacted, &c., That upon all arrests under section 6, lowing resolutions, which were laid over under bail shall be admitted, and such bail, on the demand of the the rule:

party so arrested, may be taken before any judge of the Resolved, 1. That the House fully recognizes the great fund-rior court, or chief or first judge of court of common pleas

United States, any chancellor, jndge of a supreme or snpe amental provision of the Constitution of the United States of any State, who shall exercise their discretion therein, rewhich guarantees the freedom of speech to every American garding the nature and circumstances of the offence, and of citizen; and that neither the President, nor any person act- the evidence and the usages of the law. ing in a subordinate capacity to him, has the rightful authority to arrest and imprison à citizen of the loyal States for the utterance of sentiments distasteful to the men in power.

Third Session, Thirty-Sevonth Congress. That we recognize in the freedom of the press the great balwark of civil liberty; and that those persona tempor&

THE ACT OF INDEMNITY OF MARCH 3, 1863. rily intrusted with power have not the rightful authority,

Section 1 provides : That, during the pres. in these states not in rebellion, to subvert this great con- ent rebellion, the President of the United stitutional guarantee by issuing military orders, or by a States, whenever, in his judgment, the public resort to any other means unknown to the laws of the ountry.

safety may require it, is authorized to suspend 2. That the right to security of person from arrest in the the privilege of the writ of habeas corpus in loyal states, when no crime is charged, is a sacred right guaranteed to every citizen; and that neither the President, any case throughout the United States, or any bor any one acting by his authority, has the legal right to part thereof. And whenever and wherever the arrest, imprison, or transport our people without due pro said privilege shall be suspended, as aforesaid, ass of love," requiring affidavit, warrant, arrest, and trial

no military or other officer shall be compelled, by a jury of the country, impartially selected.

That the privilege of the writ of habeas corpus is a in answer to any writ of habeas corpus, to refundamental and inherent right belonging to the American turn the body of any person or persons detained Constitution, that cannot be denied to the citizens of the by him by authority of the President; but loyal States, where the courts are open and the administra- upon the certificate, under oath, of the officer tion of justice is unobstructed, and " invasion and rebel- baving charge of any one so detained that such lion do not exist. 3. That the Constitution of the United States is one of person is detained by him as a prisoner under expressed and limited powers, and that neither Congress authority of the President, further proceedings act the Executive have the “lawful right” to interfere with under the writ of habeas corpus shall be susthe establisbed rights and domestic institutions of the sov.

pended by the judge or court having issued the 6. That we reaffirm our unalterable devotion to the Con- said writ, so long as said suspension by the stitution of the United States, and to each and every pro- President shall remain in force, and said rebelvision thereof, as framed by the fathers, including those

lion continue. prorisions relating to the rights of property and the inviolability of contracts, as understood and interpreted by the Section 2 directs the Secretary of State and Supreme Court of the United States.

the Secretary of War to furnish to the judges March 21-Mr. ELDRIDGE offered this reso- of the circuit and district courts of the United lution, which was laid over under the rule : States and of the District of Columbia, a list • Besored, That the President of the United States be res of the names of all persons, citizens of loyal patiully requested, and that the Secretary of State and the States, held as State or political prisoners of xretary of War be directed, to report and furnish to this the United States, in any fort, arsenal, or other Hoise the names of all persons, if any there are, arrested and held in prison or confinement in any prison, fort, or other place; and provides that where a grand jury place whatsoever, for political offences, or any other alleged has adjourned without finding an indictment States, by the order, command, consent, or knowledge of against any such person, the judge shall forththem or either of them, respectively, and who have not been with make an order that any such prisoner charged, tried, or convicted befort any civil or criminal (not desiring a discharge be brought before him to military court of the land, together with the charge against be discharged, and every officer of the United there be any, and the name of the prison, fort, or place where States is directed immediately to obey this they are severally keptor confined. Also, whether any person order, under penalty of fine and imprisonment ta persons, for any alleged like offence, have been banished or sent from the United States, or from the States not in rebel

-the party first to take a prescribed oath of ofence or cause thereof; and whether with or without trial; any order of the President, or under his at. liets to the rebellious States; and the names, times, alleged allegiance. Another section provides : Thet and if tried, before what court. April 4—The resolution, on motion of Mr. of the present rebellion, shall be a defence in

thority, made at any time during the existence Edward H. Rollins, was laid upon the table- all courts to any action or prosecution, civil yeas 62, naye 40. The Nays were

or criminal, pending, or to be commenced, for

eral States.

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tives, March 2, 1863-yeas 99, nays 45, as imprisoned: and that for them redress might be had in the follows:

courts of the United States, by resort to the peaceful, reg:

ular, and ordinary administration of the law. It is framed YEAS—Messrs. Aldrich, Arnold, Ashley, Babbitt, Baker, upon the idea that the citizen was arrested witbout the Baxter, Beaman, Bingham, Jacob B. Blair, Samuel S. Blair, 1 existence of crime on his part, or even probable cause to Blake, William G. Brown, Buffinton, Campbell, Casey, suspect it, and that in making such arrests

, the substance, Chamberlain, Clark, Colfax, Frederick A. Conkling, as well as the form, of thoso provisions of law intended Roscoe Conkling, Conway, Cutler, Davis, Dawes, Delano,

to secure personal liberty were entirely disregarded. It
Duon, Edgerton, Eliot, Ely, Fenton, Samuel C. Fessenden, makes no exception of those cases in which the arrests
Thomas A. D. Fessenden, Fisher, Flanders, Franchot, have been made with malice, and the imprisonments have
Frank, Goodwin, Gurley, Hahn, Hale, Harrison, Hooper, been inflicted with circumstances of brutality and cruelty,
Horton, Hutchins, Julian, Kelley, Francis W. Kellogg, in which the “public good" has been made the cloak
William Kellogg, Killinger, Lansing, Leary, Lehman, wherewith to cover the gratification of political animosity
Loomis, Low, McIndoe, McKean, McKnight, McPherson, or private hatred. It distinguishes in nothing between the
Marston, Maynard, Mitchell, Moorhead, Anson P. Morrill, cases in which an honest mistuke has been followed by its
Nixon, Olin, Patton, Timothy G. Phelps, Pike, Pomeroy, immediate correction, and cases in which malignity has
Porter, John H. Rice, Riddle, Edward H. Rollins, Sargent, been enabled, by falso pretences, to procure the arrest and
Sedgwick, Segar, Shanks, Shellabarger, Sherman, Sloan, to prolong the imprisonment, to the loss of property, the
Spaulding, Stevens, Stratton, Francis Thomas, Trimble, destruction of health, and, in some instances, the insanity,
Trowbridge. Van Horn, Van Valkenburgh, Van Wyck, suicide, or lingering death of the unhappy victim. It di
Verreo, Walker, Wall, Wallace, Washburne, Wheeler, tinguishes in nothing between the active officer, zealous in
Albert 8. White, Wilson, Windom, Worcester-99.

the full discharge of his official duties, and the base mis-
NAYS-Messrs. William Allen, William J. Allen, Ancona, creant who volunteers to assume the degrading character
Biddle; Calvert, Cravens, Crisfield, Delaplaine,' Dunlap, of spy and informer, that he may, with more effect and
English, Granger, Grider, Hal, Harding, Holman, Johnson, security, use the falsehood which the venom of his heart
Kerrigan, Knapp, Law, Mallory, May, Menzies, Morris, No prompted him to invent. It proposes to condone all of
ble, Norton, Nugen, Pendleton, Perry, Price, Robinson, Shiel, fences, to protect all enders, and to take away all redress
Smith, John B. Steele, William G. Steele, Stiles, Benjamin for injuries, however great, or with whatever circumstances
F. Thomas, Vallandigham, Voorhees, Wadsworth, Ward, of aggravation or bad motive inflicted.
Chilton A. White, Wickliffe, Wood, Woodruff, Yeaman-45.

If these acts had been done in all cases from the purest

motives, with an eye single to the public good, with a lite Same day, the bill passed the Senate, without tlo aggression as possiblo on private rights, with all circuma record of yeas and nays, owing to å misun-spection and care that only those who were really guilty

should suffer such confinement as would prevent the comderstanding respecting the putting of the vote. mission of an unlawful act—if the public good were in fact

March 3–Mr. BAYARD moved that the secre- subserved by them-it might be proper to protect the Presa tary of the Senate be directed to request the ident, and those acting under his authority, from criminal House of Representatives, to return to the tect them from pecuniary loss, by the payment, from the pubSenate the above report of the Committee of lic 'Treasury, of the damages assessed against them. Èven Conference; which was rejected -yeas 13, nays in seasons of great public dangers negativo all wrongful in

then, whilst admitting that circumstances like these would 25, as follows:

tent in the commission of these illegal acts, it would be the YEAS-Messrs. Bayard, Carlile, Davis, Henderson, all times the President of the United States, before all other

duty of the Representatives of the people to affirm that at Latham, Nesmith, Powell, Rice, Richardson, Saulsbury, men, should adhere most strictly to the forms of legal pro Turpie, Willey, Wilson, of Missouri-13. NAYS—Messrs. Anthony, Chandler, Clark, Dixon, Doo-erty of the citizen. it could never be proper to indemnify

cedure when directing his powers against the personal lit little, Foster, Grimes, Harlan, Harris, Hicks, Howard, the President, and those acting under his authority, at the Howe, King, Lane of Indiana, Lane of Kansas, Morrill, expense of the citizen whom they had injured, or to add to Pomeroy, Sherman, Sumner, Ton Eyck, Trumbull, Wade, their security by the destruction of his remedies. Wilkinson, Wilmot, Wilson of Massachusetts-25.

The Coustitution of the United States guards most care While this subject was pending before Con- fully the rights of the citizen; it was ordained “ to estabgress, the House, December 8, 1862, passed an the blessings of liberty;" and so steadily was this object kept indemnity bill-yeas 90, nays 45, against which, in view, that in addition to the reservation of all powers on the 22d of December, thirty-six members of not granted, there are special prohibitions of seizures with

out warrant, detentions without indictment, imprisonm *** the House moved to enter on the journal this without a speedy and public trial, and deprivation in protest:

liberty, or property without duo process of law; and the

are clauses which extend the judicial power of the Unite Resolved, That the following protest of thirty-six mem- States to all controversies between citizens of differ bers of this House against the passage of the House bill No. States, and secure a trial by jury in all cases in which 591 be entered upon the Journal :

value in controversy exceeds twenty dollars. Congress On the 8th day of December, A. D. 1862, and during the hitherto uniformly maintained, and, as far as was the present session of Congress, Mr. STEVENS, of Pennsylvania, sary, has perfected by its legislation these guarantees of introduced the bill No. 591, entitled "An act to indemnify sonal liberty, and the courts have enforced them by th the President, and other persons, for suspending the privi- sessment of damages for their infraction. This bill pro lege of the writ of habeas corpus, and acts done in pursu- to deprive the courts of the power to afford such prote ance thereof." and after its second reading moved that its It will, if carried out into practical and general oper consideration be made the special order for the Thursday release the people from tho duty of appealing to such then next ensuing, which motion being objected to, he ful and legal means of redress, and will provoke mor and thw constrains him tamely to submit to the injury in present rebellion, it shall not be lawful for any officer or flicted or to seek illegal and forcible remedies.

servant of the United States to arrest or detain any citizen 2 Because it purports to indemnify the President and of the United States who may be supposed or alleged to be all acting under his authority for acts admitted to be wrong. disloyal thereto, or for any other cause, except upon oath or ful, at the expense of the citizen upon whom the wrongful affirmation of some person or persons well known to be sets have been perpetrated, in violation of the plainest loyal to the United States, and particularly describing in prineiples of justice, and the most familiar precepts of con- said oath or affirmation the act of disloyalty or other cause tutional law.

for which the said citizen should be arrested and detained. 8. Because it purports to confirm and make valid, by act SEO. 2. That any and every officer or servant of the United of Congress, arrests and imprisonments which were not States who shall arrest or detain any citizen of the United caly not warranted by the Constitution of the Unitel States, States in contravention of the provisions of the first section lat were in palpable violation of its express prohibitions. of this act shall, on conviction thereof in any court having

Because it purports to anthorize the President, during | jurisdiction in the case, suffer a fine of not less than this rebellion, at any time, as to any person, and every $10,000, or imprisonment in the penitentiary for a term not where thronghout the limits of the United States, to sus- less than five years. pend the privilege of the writ of habeas corpus, whereas by SEC. 3. That all persons arrested under the provisions of the Constitution the power to suspend the privilege of that this act upon the charge of disloyalty to the Government writ is confided to the discretion of Congress alone, and is of the United States, or for any other cause, shall have the limited to the places threatened by the dangers of invasion privilege of the writ of habeas corpus ; and the said writ insurrection.

shall not be suspended at any time so far as the same may 6. Bacanze, for these and other reasons, it is unjust and relate to persons arrested as aforesaid. unwise, an invasion of private rights, an encouragement to Sec. 4. That nothing in this act shall be so construod as heles violence, and a precedent full of hope to all who to prevent the arrest of any person, a citizen of any or would usarp despotic power and perpetuate it by the arbi- either of the States now in rebellion against the Governtrary arrest and imprisonment of those who oppose them. ment of the United States, who may be charged with trea

6. And finally, because in both its sections it is "a delib- son or disloyalty thereto: Provided, That all arrests of erate, palpable, and dangerous" violation of the Constitu- such persons shall be made as provided in the first section tion, " according to the plain sense and intention of that in- of this act, or upon the precept of the President of the strument," and is therefore utterly null and void.

United States.
George H. Pendleton, O. A. Wickliffe,
W. A. Richardson, Charles J. Biddle,

Which was rejected-yeas 7, (Messrs. Car-
J. C. Robinson, J. A. Cravens,

lile, Kennedy, Powell, Richardson, Saulsbury,
P. B. Fouke,
Elijah Ward,

Turpie, Wall,) nays 29.
James R. Morris, Philip

Johnson,
A. L. Knapp,
John D. Stiles,

THE AOT SUSTAINED BY THE COURTS.
C. L. Vallandigham, D. W. Voorhees, The important case of George W. Jones, ex-
C. A. White,

G. W. Dunlap,
Warren P. Noble, Hendrick B. Wright,

Minister to Bogota, vs. William H. Seward, has
W. Allen,
H. Grider,

been decided in New York by the Supreme William J. Allen, W. H. Wadsworth, Court. Mr. Jones was arrested on a telegraphic S. 8. Cox,

A. Harding,
E. H. Norton, Charles B. Calvert,

dispatch from Secretary Seward, and imprisGeorge K. Shiel,

James E. Kerrigan, oned at Fort Lafayette. When released he 8. E. Ancona,

Henry May,
J. Lazear,
R. H. Nugen,

brought a suit for $5,000 damages for false imNehemiah Perry, George H. Yeaman,

prisonment. Mr. Seward, by counsel, moved C. Vibbard,

B. F. Granger. to transfer the case to the United States Circuit John Law,

Court, under the act of March, 1863. The moThe motion to enter this protest was tabled- tion was denied, and the General Term decided Jeas 75, nays 41.

an appeal which was taken to it. The majority The above bill of Mr. STEVENS was amended of the judges affirm the act; one, Clerke, disin the Senate, and finally passed that body-sented. yeas 33, nays 7, as follows, January 28:

George W. Jones us. William H. Seward.
Yras-Messrs. Anthony, Arnold, Browning, Chandler,
Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden,

Foot, of the act of Congress passed March 3, 1863, affords a valid

LEONARD, J.—The question is not whether the 4th section Foster, Grimes, Hale, Harlan, Harris, Henderson, Hicks, defence to the action. The true question is this: Is it in Howard, King, Lane of Indiana, Lano of Kansas, Morrill, the power of Congress to give

the circuit court jurisdiction Pomeroy, Sherman, Sumner, Ten Eyck, Trumbull, Wade, of the case ? "Wilkinson, Willey, Wilmot, Wilson of Massachusetts—33. Nurs-Messrs. Bayard, Carlile, McDougall, Powell, Turpie, to all cases in law and equity arising under the Constitu

The Constitution extends the judicial power of the Union Wall, Wilson of Missouri -7.

tion, laws, and treaties of tho United States. The House non-concurred in the amendments, The defence in this case arises under the act of Congress, and a Committee of Conference baving met, and the validity of that act, considered in the light afforded agreed upon a report, which was agreed to in be determined at the trial. It has been decided that a case both Houses as stated before, p. 184.

arises within the meaning of the Constitution as well when VOTE OX SUSPEXSION OF HABEAS CORPUS.

the defendant seeks protection under a law of Congress, as Pending the consideration of the original conferred by law.

when a plaintiff comes into court to demand some right House bill in the Senate,

It has been objected that the original jurisdiction of all 1863. Feb. 19-Mr. PowRLI. movad taetrila

actions may be drawn into the Federal courts, by similar

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