Page images

rected to inform the Senate whether Dr. John Law and I lay the whole subject on the table; which was Whiteley Veredith, or either of them, citizens of the Stato of Dansre, have been arrested and imprisoned in Fort agreed to-yeas 22, nays 16, as follows: Delaware; wiea 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, Ilarian, Ilarris, Hicks, were arrestati and imprisoned; and that he communicate to Howard, Howe, kin, Lane of Kansas, Morrill, Pomeroy, the Senate all papers relating to their arrest and imprison- Sumner, Wade, Wilkinson, Wilson of Massachusetts-22.

Nars-Messrs. Bayard, Carlile, Daris, Harding, IlenderWhich was laid upon the table-yeas 29, Saulstury, Turpie, wall, Willey, Wilson of Missouri–16.

son, Kennedy, Latham, McDougall, Powell, Rice, Richardson, Days 13, as follows: T7S - M-418. Anthony, Arnold, Browning, Chandler,

Ck Collamer, Diron, Doolittle, Fessenden, Field, Foot,
Pieter, Grims Hal, Harlan, Ilarrig, Howarı, Howe, King,

1862, Dec. 1- Mr. Cox offered the following Lone of hans, Jorrill, Sumner, Ten Eyck, Trumbull, preamble and resolution: Wide, Wilkinson, Wilmot, Wilson of Massachusetts, Wright

Whereas, many citizens of the United States have been SAT-Mests. Bayard, Carlile, Cowun, Davis, Harding, the authority of the United States, and have been carried

scized by persons acting, or pretending to be acting, der Beclerson, Kenn-ty, Nesmith, Powell, Rice, Sauisbury, out of the jurisdiction of the States of their residence, and Why, Wism of Missouri-13.

imprisoned in the military prisons and camps of the United December 3-Mr. Powell offered the follow- States, without any public chargo being preferred against ing joint resolution :

them, and without any opportunity being allowed to learn

or disprove thocharges made, or alleged to be made, against Whereas, many citizens of the United States have been

them: and whereas, such arrests have been made in States setz d by persons aciin, or pretending to be acting, under where there was no insurrection or rebellion, or pretenco the authority of the United States, and have been carried thereof, or any other obstruction aguinst the authority of out of the jurnlction of the States of their residence and the Government: and whereas, it is the sacred right of inprisca l in the military prisons and cumps of the United every citizen of the United States, that ho shall not po deBites without any pullic charge being preferred against prived of liberty without due process of law, and when arthem, and without any opportunity being allowed to learn reste), that he shall have a speedy and public trial by an od prve the charges mule or alleged to be made against impartial jury of his countrymen: Therefore, them; an'l xhins, it is the sacred right of every citizen Resolrei, 'ihat the Ilonse of Representatives do hereby that he sh:ll not be deprived of liberty without due process condemn all such arrests as unwarranted by tho Constituof law, ani ben 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 rezanci ly the Senate and House of Representatives hereby demand that all such arrests shall hereafter cease, of the Prüri Vates of America in Congress assembled, That and that all persons 60 aurested and yet held should have a all each utests are unwarranted by the Constitution and prompt anil public trial, according to tho provisions of the lars of th: United States, and a nsurpation of power never | Constitution. given by the resiple to the President or any other official.

Which was laid on the table -yeas 80, nays All such arrests are hereby condemnd and declared palpable violations of the Constitution of the United States; and 40. The Nays were: it is here' y demanded that all such arrests bhuall hereafter

Messrs. Ancona, Baily, Biddle, Jacob B. Blair, Cal case, and that all persons so arrested and yet held should bave a proaspt and eper dy public trial according to the pro-Grider, Haight, Hall, Harding, Holman, Knapp, Law, La

rert, Corning, Cor, Crittenden, English, Fouke, Granger, vions of the Constitution, or should be immediately released.

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

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

Sleele, Stiles, Benjamin F. Thomas, Francis Thomas, Val1863, February 26—Mr. POWELL offered the landigham, Ward, Chilton A. White, Wicklife, Wright,

Yeaman-40. following r solution:

December 1--Mr. RichardSON offered the Resolved, That a committee of three be appointed to ino vestigate the cvadnct of Colonel Gilbert, who, in command following resolution : of a reziment of United States suliers, dispersed a lemo- Resolved, that the President of the United States be recratic Corention of peaceablo citizens of the State of Ken. quested to inform this Ilvuse what citizens of Illinois aro tacky, assembled at ibe apital of that state, on the 18th of

now confined in the Forts Warren, Lafayette, and Delaware, Hetruary, 150), for the purpose of nominaling cand dates or the Old Capitol prison, and any other forts or places of for Goierdor and Lieutenant Governor and other State offi- continement; what the chargey are against said persons; Cera That said committeo investigate all the facts con- also the places whero they wero arresteil. That the PresiDected with the aforesaid ac'ion of Colonel Gilbert and the dent be further requested to inform this llouso of the names o.cers adis dera under his command; and tho said com- of the persons that have been arrested in Illinois and taken mitise are hereby authorized to send for persons and papers, to and contined in prisons outside of the limits of said State, to erabide witnesses, and that they be au horized to ad- and who have been relcas , what were the charges against mbis er aut's to witnesses; and that said committeo be each of them, by whom the charges were mado, also by anthorized to build sessious in the State of Kentucky or whoso order sitiü arrests were made, and the authority of elsewhere, and to employ a reporter to take down testi-law for such arrests. mony; and that they report, &c.

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

Messrs. Ancona, Baily, Biddle, Calvert, Roscoe Cookling, Yus-Merete Carlile, Cowan, Davis, Lane of Kansas, Conway, Corning, Cox, Crittenden, Dunn, English, Fouke Lahin. Nesmith, Powell, Saulsbury, Wall, Wilson of Mis- Knapp, Law, Lazeur, Leary, Menzies, Morris, Noble, Nor

Granger, Grider, Hall, Harding, lIolman, Willian Kellogs, SOGT-10 TANS-Messrs. Anthony, Arnold, Clark, Collamer. Dixon, Steele, William G'. Stecle, Stiles, Benjamin F. Thomas, Val

ton, Nugen, Oddell, Porter, Price, Richardsom, Shid, John B. Benzendea, Fust, Foster, Grimes, Jinrding, Harlan, Harris, lundigham, Ward, Chillon A. White, Wright10. Haderson, Hinks, Howe, Morrill, Pomeroy, Rice, Sumner, Tra Eyck, Wade, Wilkinson, Willey, Wilmot, Wilson of Dec. 22-Mr. May offered the following resMassachusetts 25.


Resolved, That the Secretary of Stato be reqnested to Feb. 2-Mr. RICHARDSON offered this resolu-l about tho 28th of November, 1861, ho caused to be read to

communicate to this Ilonse il copy of an order which, on or tion :

Stato prisonery coutinei in Fort Warren, whereby they wero Perired, That a committee of three be appointed to in

forbidden to employ counsel in their belulf, and informed testinto the facts in reference to thic arrest and imprison- that sich employment of comsel would be regarded by tho 12-13 « Variin 1. Jobuson, and that said conimittee live Government and by the State Department is a reason for the power to sud for persons and pripers, to examine wit- prolonging the term of their imprisonment. Deals ander vath, und administer oathis to said witnesses. Which was laid upon the table--yeas 63, The memorial of Madison Y. Johnson was nays 48.

The Nays wereTead when Mr. Howe, of Wisconsin, moved to Messrs. William Allen, William J. Allen, Ancona, Biddle, 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, Lazcar, Leary, 2. Resolved, That Congress has no power under the Coti May, Morris, Noble, Norton, Nugen, Pendleton, Price, Rob-stitution to delegate to the President of the United States inson, James S. Rollins, Shiel, Smilh, Benjamin F. Thomas, the authority to suspend the privilege of the writ of habis Francis Thomas, Vullandigham, Vibbard, Voorhees, Wads- corpus, and imprison at his pleasure, without process of law worth, Ward, Chilton A. White, Wickliffe, 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 such December 15—Mr. PENDLETON offered the fol- loyal States of the benefits of the writ of habeas corpus, lowing resolution :

and to imprison them at his pleasure, without process of Resolved, That the President be requested to inform this 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

with a despotic power unlimited by constitutional obligainterest, 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 so- 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 Ilouse protecting the rights

4. Resolved. That the Judiciary Committee he instructed to damages for such imprisonment, or that he should not op- of the citizens in the loyal States, in strict accordance wih pose, by 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, as 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, Copa Whereas it is represented that Major General Schenck, froth, Cox, Cravens, Dawson, Denison, Eden, Edgerton, É? commanding 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, wit nexed to the worship of Almighty God by certain religious liam Johnson, Kernon, King, Knapp, Law, Le Blond, 'Long, societies or congregations of the Methodist Church of that Mallory, Marcy, McAlister, Mc Dowell, McKinney, Middle city, that the Nag of the United States shall be conspicu- tom, William II. Miller, James R. Morris, Morrison, Nelson, ously displayed at the time and place of such worship: and Noble, Odell, John O' Neill, Pendleton, Perry, Radford, Sum whereas the said order is a plain violation of the inalien- uel J. Randall, Robinson, Rogers, Ross, Scott, John B. Steele, able right to worship God according to the dictates of every

William G. Steele, Stiles, Strouse, Surat, voorhers, Wedsone's conscience, as it is asserted by tho said congregations, worth, Ward, Wheeler, Chilton A. White, Joseph W. W lute, and also by our declarations of fundamental rights and se

Winfield, Wood—67. cured by our State and Federal Constitutions : and whereas

NAYs--Messrs. Alley, Allison, Ames, Arnold, Ashley, John a minister of the said congregation, the Rev. Johu II. Dash

D. Baldwin, Beaman, Blaine, Blow, Boutwell, Brundlegee, iell, having, on Monday, the 15th wtimo, removed the said Broomall, William G. Brown, Ambrose W. Clark, Freiman flag from his own premises, which was also the place of Clarke, Clay, Cobb, Cole, Creswell, llenry Winter Davis, worship of one of said congregations, where the said tlag Thomas T. Davis, Dawes, Dixon, Donnelly, Drikus, Dumont, had been placed surreptitiously by some evil-minded per-| Eckley, Eliot, Farnsworth, Fenton, Frank, Garfield, Gurch son, and for so doing was arrested by order of the said Gen-Grinnell, Ilale, ligby, Ilooper, Ilotchkiss, Aschel W. Hube eral Schenck and held as a prisoner: Therefore,

bard, John II. Hubbard, llulburd, Jenckes, Julian, Kason, Be it resolved, that the Judiciary Committee be, and Kelley, Francis W. Kellogs, Orlando Kellogg, Loan, Long hereby is, instructed to inquire into the allegations afore- year, Lovejoy, Marvin, McBride, McClury, McIndee, Samuel said, and ascertain by what authority the said General F. Miiler, Moorhead, Morrill, Daniel Morris, Amos Myers, , Schenck exercises a power to regulate or interfere with the Leonard Myers, Norton, Charles O'Neill, Orth, Perham, Bike, privileges of divine worship, and also to arrest and detain Pomeroy, Price, William H. Randall, Alexander II. Rice, as a prisoner the said minister of the Gospel, as aforesaid ; Julin H. Rice, Edward H. Rollins, Schenck, Scofield, Shanand, further, that said committeo be instructed to report Valkenburgh, Ellihu B. Washburne, William B. Wash

non, Sloan, Smithers, Spalding, Stevens, Thayer, Truy, Van upon the same at an early day. The House refused to suspend the rules to bridge—90.

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

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

Resolved, (as the sense of this House.) That the military First Session, Thirty-Eighth Congress. arrest, without civil warrant, and trial by military com. 1863, December 17—Mr. HARRINGTON offered of Ohio, nut in tho land or naval forces of the United States

mission without jury, of Clenent L. Vallandigham, a citizen this resolution :

or the militia in actual service, by order of Major General Whereas the Constitution of the United States (article Burnside, and his subsequent banishment by order of the one, section nine) provides: "The privilege of the writ of Presideut, executed by inilitary force, were acts of mere habeas corpus shall not be suspended, unless when, in cases arbitrary power, in palpable violation of the Constitution of rebellion or invasion, the public safety may require it:" and laws of the United States. and whereas such provision is containod in the portion of Which the House refused to table-yeas 33, the Constitution defining legislative powers, and not in the provisions defining executive power; anđ whereas the nays 84, and then rejected—yeas 47, nays 77, Constitution (article four of Amendments) further provides: as follows: “The right of the people to be secure in their persons, YEAS-Messrs. James C. Allen, Ancona, Augustus . Bald. houses, papers, and effects, against unreasonable searches win, Brooks, Chanler, Coffroth, (nr, Darson, Denis, and seizures, shall not be violated," &c.; and whereas the Eden, Eldridge, Finck, Ganson, Harding, Harrington, Hero Thirty-Seventh Congress did, by act, claim to confer upon rick,' Holman, Hutchins, Kernan, knapp. Lurr, Lamy, the President of the United States the power, at his will Marcy, Mc Dowell, McKinney, William 11. Miller, Morrison, and pleasure, to suspend the privilege of the writ of habeas Nelson, Noble, John O'Neill, Pendleton, Railford, Samuel J. corpus throughout the United States, without limitations Randall, Rogers, Ross, Scotl, Stebbins, John B. Sale, le or conditions; and whereas the President of the United liam G. Steele, Stiles, Strouse, Suart, Suzal, Voorhees, Hila States, by proclamation, has assumed to suspend such prir. liam H. Wadsworth, Chilton A. White, Winfield-7. ileges of the citizen in the loyal States; and whereas the NAYS-Messrs. Alley, Allison, Anderson, Arnold, Baily, people of such States have been subjected to arbitrary ar- John D. Baldwin, Baxter, Francis P. Blair, jr.. Blow, Bour rests without process of law, and to unreasonable search well, Boyd, Brandegee, Ambrose W. Clark, Freeman Clarke, and seizures, and have been denied the right to a speedy Clay, Cobb, Cole, Creswell, Henry Winter Davi", Dawes trial and investigation, and have languished in prisons at Deming, Dixon, Donnelly, Drigos Dumont, Eckley, Eliot, the arbitrary pleasure of the Chief Executive and his mili. Farnsworth, Frank, Grinnell, Hale, ligby. Hooper, Hotebe tary subordinates: Now, therefore,

kiss, Asahel w. Hubbard, John H. Ilubbard, Jeuckes, Řesolved by the House of Representatives of the United Julian, Kelley, Francis W. Kellogg, Orlando Kellorg, Lan, States, That no power is delegated by the Constitution of Marvin, McBride, McClurg, Moorhead, Morrill, Daniel Mar the United States, either to the legislative or executive ris, Amos Myers, Leonard Myers, Norton, Charles O'Neill, power, to suspend the privileges of the writ of habeas corpus Patterson, Perham, Pomeroy, Price, William II. Randall, in any State loyal to tho Constitution and Government not John H. Rice, Schenck, Scofield, Shannon, Sloan, Smithers,


eral States.

Bart, Stevens, Thayer, Thomas, Upson, Van Valkenburgh, this bill, which was referred to the Committee
Ellibu B. Washburne, William B. Washburn, Whaley, on the Judiciary :
Williams, Wilder, Wilson, Windom, Woodbridge-77.

Be it enacted, dc., That upon all arrests under section 6, January 25-Mr. McDowell offered the fol- of chapter 200, of an act approved the 17th of July, 1:02 lowing resolutions, which were laid over under bail shall be almitted, and such bail

, on the demand of the the rule:

party so arrested, may be taken before any judgo of the

United States, any chancellor, judge of a supreme or supoResolved, 1. That the House fully recognizes the great fund- rior court, or chief or first judge of court of common pleas 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 offenco, and of citiz-n; and that neither the President, nor any person act. the evidence and the usuges of the law. ing in a subordinate capacity to him, has the rightful authority to arrest and imprison a citizen of the loyal States for the att tance of sentiments distasteful to the men in power.

Third Session, Thirty-Sevonth Congress. 2. That we recognize in the freedom of the press the great

THE ACT OF INDEMNITY OF MARCH 3, 1863. bulsark of civil liberty; and that those persons temporarily intrusted with power have not the rightful authority,

Section 1 provides : That, during the pres. in those States not in rebellion, to subvert this great con- ent rebellion, the President of the United editutional 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 safety may require it, is authorized to suspend

3. That the right to security of person from arrest in the the privilege of the writ of habeas corpus in loyal states, when no crimo is charged, is a sacred right any case throughout the United States, or any guaranteed to every citizen; and that ueither the President, dur any one acting by his authority, has the legal right to part thereof. And whenever and wherever the Test, imprison, or tra sport our people without “ due pro- said privilege shall be suspended, as aforesaid, out of lawo," requiring affidavit, warrant, arrest, and trial

no military or other officer shall be compelled, by a jury of the country, impartially selected. 4. That the privilege of the writ of habeas corpus is a in answer to any writ of habeas corpus, to refundameatal and inherent right belonging to the American turn the body of any person or persons detained perple, solemnly guaranteed by express provision of the by him by authority of the President; but Constitution, that cannot be denied to the citizens of the luyal Status, 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- having charge of any one so detained that such lon" do not exist.

5. 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 Dor the Executive have the "lawful right" to interfere with under the writ of habeas corpus shall be sus. the established rights and domestic institutions of tho sev- 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. provirions relating to the rights of property and the invioishlity 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 lation, which was laid over under the rule : States and of the District of Columbia, a list

Resolted. That the President of the United States be res- of the names of all persons, citizens of loyal per truly requested, and that the Secretary of State and the States, held as State or political prisoners of Secretary of War be directed, to report and furnish to this llase the names of all persons, it any there are, arrested the United States, in any fort, arsenal, or other an i held in prison or confinement in any prison, fort, or other place; and provides that where a grand jury place #batsvever, for political offences, or any other alleged has adjourned without finding an indictment ofence against the Government or authority of the United States, by the order, command, consent, or knowledge of against any such person, the judge shall forthtbt or either of them, respectively, and who havo not been with make an order that any such prisoner cborgel, tried, or convicted before any civil or criminal (not desiring Ditary czart of the land, together with the charge against be discharged, and every officer of the United

discharge be brought before him to Each person, or cause for such arrest and imprisonment, if there be ans, and the name of the prison, fort, or place where States is directed immediately to obey this they are zeverally kept or confined. Also, whether any person order, under penalty of fine and imprisonment or persons for any alleged like offence, have been banished or seta from the United States, or from tho states not in rebel- / -the party first to take a prescribed oath of Tin to the rebellious States; and the names, times, alleged allegiance. Another section provides: That 08 oct or cause thereof; and whether with or without trial; any order of the President, or under his auand 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 seas 62, nays 40. The Nays were

or criminal, pending, or to be commenced, for Mests. James C. Allen, Ancona, A. C. Baldwin, Bliss, J. any search, seizure, arrest, or imprisonment, S. Brouma, Chanler, Cor, Crarens, Dawson, Denison, Eden, Edridge, English, Finck, Grider, Griswold, Harrington, made, done, or committed, or acts omitted to Herrick, Holman, P. Johnson, Kalbfleisch, Law, Lazcar, be done, under and by virtue of such order, or Laag, Mallory, Marcy, McKinney, Middleton, J. R. Morris, under color of any law of Congress, and such Parrison, J. o Neill, Pruyn, S. J. Randall, Robinson, Rogers, defence may be made by special plea, or under J. B. Steele, Wheeler, C. A. White, Winfield, Yeaman-40. June 20--Mr. Ross offered the following res

the general issue.

Suits begun in State courts may be trang. olution, which went over under the rule :

ferred to United States Courts under circumResslred, That all persons not in the military or naval stances described. Any suit described in this service of the United States who have been arrested and imITSEd by the agents of the Government without process act may be carried on writ of error to the Suof law, ani releasel without trial or examination, are entitled preme Court of the United States, and all suits to the same pay and mileage for the time they were deprived of their liberties as members of Congress; and the Commit.

or prosecutions for any arrest or imprisonment te of Claims are hereby instructed to report a bill at an

or other trespasses or wrongs, shall be commely day for that purpose.

menced within two years. Same day, in SENATE—Mr. MORRILL offered This bill passed th House of Representa

[ocr errors]


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

courts of the United States, by resort to the perceful, 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 without the Baxter, Beaman, Bingham, Jacob B. Blair, Samuel S. Blair, existence of crime on his part, or even probable cause to Blake, William G. Brown, Businton, Campbell, Casey, suspect it, and that in making such arrests, the substance, Chamberlain, Clark, Colfax, Frederick À. Conkling, as well as the form, of those provisions of law intended Roscoe Conkling, Conway, Cutler, Davis, Dawes, Delano,

to secure personal liberty wero entirely disregarded. It Dunn, 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 in 1 cruelty, Horton, Ilutchins, Julian, Kelley, Francis W. Kellogg, in which the “public good" has been inade 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 mistake has been followed by its Nixon, Olin, Patton, Timothy G. Phelps, Pike, Pomeroy, I immediate correction, and cases in which malignity has Porter, John H. Rice, Riddle, Edward L. Rollins, Sargent, been enabled, by falso pretences, to procure the arrest and Sedgwick, Segar, Shanks, Shellabarger, Shermin, Sioan,

to prolong the imprisonment, to the loss of prop rty, the Spaulding, Stevens, Stratton, Francis Thomas, Trimble, destruction of health, and, in somo instances, ihe insinity, Trowbridge. Van Horn, Van Valkenburgh, Van Wyck, suicide, or lingering death of the unhappy victim. It disVerree, Walker, Wall, Wallace, Washburne, Wheeler,

tinguishes in nothing between the active offic-r, zealous in Albert 8. White, Wilson, Windom, Worcester-99.

the full discharge of his official duties, and the base misNAYS—Messrs. William Allen, William J. Allen, Ancona,

creant who volunteers to assume the degrading character Biddle, Calvert, Cravens, Crisfield, Delaplaine, Dunlap, of spy and informier, that he may, with more effect and English, Granger, Grider, Hall, Harding, Holman, Johnson, security, use the falsehood which the venom of his heart Kerrigan, Knupp, Law, Mallory, May, Menzies, Morris, No- prompted him to invent. It proposes to condone all ofble, Norton, Nugen, Pendleto, Perry. Price, Robinson, Shic, fences, to protect all offenders, and to take away all redress Smith, John B. Steele, William G. Steele, Stiles, Benjamin for injuries, however great, or with what-ver circumstances F. Thomas, Vallandigham, Voorhees, Wadsworth, Ward, of aggravation or bad motive inflicted. Chilton A. White, Wickliffé, 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 as litSame day, the bill passed the Senate, without tlo aggression as possible on private rights, with all circuma record of yeas and nays, owing to á 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-is 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 prosecution and penal sentence; it might be proper to pro

tect them from pecuniary loss, by tho payment, from the pub Senate the above report of the Committee of lic Treasury, of the damages assessed against them. Even Conference; which was rejected -yeas 13, nays in seasons of great public dangers negative 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 Unitei States, before all other

duty of the Representatives of the people to affirm tha Latham, Nesmith, Powell, Rice, Richardson, Saulsbury, men, should adhere most strictly to the forms of legal proTurpie, Willey, Wilson, of Missouri-13.

cedure when directing his powers against the personal lib NAYS—Messrs. Anthony, Chandler, Clark, Dixon, Doo-erty of the citizen. It could never be proper to indemnify little, Foster, Grimes, Harlan, Ilarris, Hicks, Iloward, tho President, and those acting under liis 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, Ten Eyck, Trumbull, Wade, their security by the destruction of his remedies. Wilkinson, Wilmot, Wilson of Massachusetts—25.

The Constitution of the Unitod States guarıls most carnWhile this subject was pending before Con- lish"justice, insure domestic tranquillity,” and to " seutre

fully the rights of the citizen; it was ordained “to estat gress, the House, December 8, 1862, passed an the blessings of liberty;" and so steadily was this objoct 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, imprisonment the House moved to enter on the journal this without a speedy and public trial, and deprivation of life, protest:

liberty, or property without due process of law; and there

are clauses which extend the judicial power of the United Resolved, that the following protest of thirty-six mem- States to all controversies between citizens of dist rent bers of this llouse against the parsage of the House bill No. States, and secure a trial by jury in all cuses in which tho 591 be entered upon the Journal:

value in controversy exceeds twenty dollars. Congress has On the 8th day of December, A. D. 1862, and during the hitherto umiformly maintained, anil, as far as was neces present session of Congress, Mr. STEVENS, of Pennsylvania, sary, has perfected by its lrgislation these guarantees of per introduced the bill No. 591, entitled “An act to indemnify sonal liberty, and the courts have enforced them by the ar. the President, and other persons, for suspending tho privi- sessment of damages for their infraction. This bill proposes lege of the writ of habeas corpus, and acts done in pursu to deprive the courts of the power to afford such protection. ance thereof." and after its second reading moved that its It will, if carried out into practical and general operation, consideration be made the special order for the Thursday release the people from the duty of appealing to such peace then next ensuing, which motion being objected to, he ful and legal means of retress, and will provoke more summoved the previous question, and this being sustained, un- mary and less constitutional measures. Yet this bill, without der the oporation thereof the bill was read a third time, precedent in our history, suggesting such gravo questions of and passed.

constitutionality and expediency, believed by many memThis bill involves questions of the gravest importance. It bers to be utterly subversive of the rights of the citizen and provides that all suspensions of the privilege of the writ of of the express provisions of the Constitution, by the force habeas corpus, all arrests and imprisonments upon what of mere numbers and against the remoustrance of the ini. ever pretexts or by whomsoever made, under the authority nority, was passed within one hour of its first intro luction, of the President, howeverarbitrary or tyrannical or unjust, without having been printed, without having been referred are confirmed and made valid; and that all persons who to any committee, select or standing, and without any opadvised or executed or assisted in the execution of any such portunity for consideration or discussion. acts are discharged from all liability, whether to the State The undersigned, members of the House of Representaor to individuals" in respect thereof;" and that all proceed- tives, do therefore most solemnly remonstrate against this ings against them of any nature, whether for the recovery action of the House, and respectfully ask that this their of damages or for the intriction of punishment “ commenced protest may be entered upon the Journal. or to be commenced," are discharged and made void. It They protest against the refusal of the House to permit also provides that the President may, during the existence consideration and discussion of the bill as an arbitrary exof this rebellion, at any time aod anywhere thronghout any crcise of power by the majority, unjust to the members, of the United States, and as to any person, suspend the unjust to their constituents, and derogatory to its character privilege of the writ of habeas corpus.

as a deliberative legislative body. The bill is framed upon the idea that the acts recited They protest against the passage of the billwere illegal, and without just cause or excuse; that they 1. Because it purports to deprive the citizen of all existwere violations of the rights of the persons arrested and ing, peaceful, legal modes of redress for admitted wrongs,

and thus 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 parports 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 fal, 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 principles of justice, and the most familiar precepts of con- said oath or affirmation the act of disloyalty or other cause stitutional law.

for which the said citizen shoull be arrested and detained. 3 Because it purports to confirm and make valid, by act Sec. 2. That any and every officer or servant of the United of Congress, arrests and imprisonments which were not states who shall arrest or dethin any citizen of the United only not warranted by the Constitution of the United States, States in contravention of the provisions of the first section bat were in palpablo violation of its express prohibitions. of this act shall, on conviction thereof in any court having

4. Because it purports to authorize 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 penitontiary for a term not where throughout 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 chargo 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 tho limited to the places threatened by the dangers of invasion privilege of the writ of habeas corpuz ; and tho said writ or insurrection.

shall not be suspended at any time so far as the same may 5. Because, 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 construed as lawless violence, and a precedent full of hope to all who to prevent the arrest of any person, a citizen of any or would usurp 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

8. And finally, because in both its sections it is "a delib son or disloyalty thereto: Proriiled, 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 piain 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 II. Pendleton, C. 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.
Jannes R. Morris, Philip Johnson,
A. L. Knapp,
John D. Stiles,

C. L. Vallandigham, D. W. Voorhees,
C. A. White,
G. W. Dunlap,

The important case of George W. Jones, ex-
Warren P. Noble, Hendrick B. Wright,

Minister to Bogota, vs. William H. Seward, bas
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 telegrapbio S. 8. Cox,

A. Harding,
E. IL 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 yeas 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, Days 7, as follows, January 28 :

George W. Jones vs. William H. Sewarı. TEAS-Messrs. Anthony, Arnold, Browning, Chandler, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, of the act of Congress passed March 3, 1863, atforus a valid

LEONARD, J.--The question is not whether the 4th section Foster, Grimes, Hale, Harlan, Harris, Henderson, Hicks, Howard, King, Lane of Indiana, Lane of Kansas, Morrill, the power of Congress to give the circuit court jurisdiction

defence to the action. The true question is this: Is it in Pomeroy, Sherman, Samner, Ten Eyck, Trumbull, Wade, of the case

? Wilkinson, Willey, Wilmot, Wilson of Massachusetts_33. Fars-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 Wal, Wilson of Missouri-7.

tion, laws, and treaties of the 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 having met, and the validity of that act,

considered in the light afforded agreed upon a report, which was agreed to in bo determined at the trial. It has been decided that a case

by the Constitution, will be one of the principal subjects to both Houses as stated before, p. 184.

arises within the meaning of the Constitution as well when VOTE ON SUSPENSION OF HABEAS CORPUS.

the defendant seeks protection under a law of Congress, as

when a plaintiff comes into court to demand sone right Pending the consideration of the original conferred by law. House bill in the Senate,

It has been objected that the original jurisdiction of all 1863, Feb. 19-Mr. Powell moved to strike actions may be drawn into the Federal courts, by similar

enactments of Congress, and that the case arises within the out the third section authorizing the President meaning of the Constitution only after a trial and judgment to suspend, by proclamation, the writ of habeas in this court, when the action can be referred by a writ of corpus in certain contingencies; which was re

error or appeal, and brought before the Federal courts for

review. jected-yeas 13, Days 27, as follows:

The power of transferring causes to the United States Yests. Bayard, Carlile, Cowan, Kennedy, Latham, Circuit in a similar manner, where the question involved Nesmith, Porcell, Rice, Richardson, Saulsbury, Turpie, was of an appellate and not original jurisdiction, has long Willey, Wilsm of Missouri-13.

been sustained. NAYS_Messrs. Anthony, Arnold, Chandler, Clark, Davis,

Chief Justice Marshall says, in the case of Osborn vs. The Dixon, Doolittle, Fessenden, Foot, Grimes, Harris, Hender: Bank of the United States (9 Wheaton, 821): “We perceive mu, Hicks, Howard, Howe, King, Lane of Indiana, Lano of no ground

on which the proposition can be maintained, that Kansan, Morrill, Pomeroy, Sherman, Sumner, Ten Eyck, Congress is incapable of giving the circuit courts original Trumball, Wilkinson, Wilmot, Wilson of Massachusetts 27. jurisdiction, in any caso to which the appellate jurisdiction

extends." VOTE ON ARRESTS.

Congress has enacted that the defendant may interpose Feb 23—Mr. CARLILE moved this substitute in his defence the orders, &c., of the President, and has for the bill:

directed the transfer of cases involving such a defence, in

the manner prescribed, into the circuit conrt. From and after the passage of this act, and during the According to the statements of the defendant such a case

« PreviousContinue »