The sun., 1861-12-11
House Of Representatives.

MIR. Roscoe Conkling IN. W offered 1850
luton, which Was adopted rcquesting tho Al.
tolncy General To report his views IS to tho
mtsns Of obtaining retroccssion Of tha part
Of Virginia formerly belonging to tho District
of Columbia
Mr.. Potter, (wis) from the Committee on
Public Lands, reported bill providing home
steads 10 actual settlers, and providing a bounty
for soldiers in lieu Of Eian's Of public lands.
lie explained that th, homestead feature Of
this I'LL was heretofore passed. but there is All
addition that all soldiers marines and Soamon,
shall bo entitled 10 Land, by the provisions Of
this act.
II al,o contains a section giving a bounty
OF thirty dollars to ths three months vOup.
teera.
The further consideration of this bill was
postponed till Wednesday noNt
Tie House cOncurroG in the resolution from
the Senate for joint committee TO inquire into
| the conduct Of the present war, with power to
| send for persons and papers.
MIR. PendlctOn moved that the memorial OF
Meo,is. Howard, Galchctt and Davis DO refer
red back to the Committee on Judiciary, with
Instructions declaring that Congress alone has
| the power, under tho constitution, 10 suspend
the privilege Of the wit Of hdbcdS corpus;
! that tho exercise Of that power by another de-
I'D I.--,--o.. 20 .Ls public. that tue persons
| above named bc delivered 20 tho marshal, 10 tho
end that they may bc indicted, with the right
Of speedy trial, If there be probable cause for
such proceeding
lie spoke at some lcngth on this subject,
saying that those gentlemen were members oil
tho Board Of Police Of the city Of Baltimore,
and on the lst Of July last, in tho dead hour of
night, were arrested by order Of the military
authorities, aud, without charges being prefer
red against them, conveyed as prisoners TO Fort
Mcllenry, They ak that Congress may cX-
anime into the question, or that they may bc
heard before n judicial tribunal; and yet his (Mr.
Pendlctons) colleagues on the Committee on tho
Judiciary, could find no more fitting response TO
the memorial than that ii should lie uranswor-
ed on the table. The question here present.
cd was as TO the legality Of their pre-
sent punishment, which ho denied. Tho
meanest criminal even, Is within the
reach Of tho application of the writ of
hdCedS corpus, and this right has never
been denied by an Executive until now.
Mr.. Pendle,or said, in the course of his argu-
mer't, that when the Constitution was framed,
there was no principle more incontrovertible
than that Parliament alone could suspend tho
writ Of hGJeds corpus. The resolution was a
protest against prcrogItivo aud II could not be
believed our foroiathers 80 earnestly engaged in
securing personal liberty, would control the
bounds. of freedom, and enlarge the bounds of
executive power. Ii the President can suspend
enc provision Of the provisions Of the Constitu-
tiOn he can suspend them all, and reduce this
nation to the condition Of slaves by changing tho
theory Of tho Government. Any nation willing
TO adopt this theory is 40 lost TO manly sense
Of independence and dignity, aud to a Just con-
| sciousness Of their courage and duty Of defend
| ing the Government that the yoke is fit en-.
blcm and just token Of their degradation. IL
| this theory shall be endorsed, precedent will
| give auth ority and public virtue will be de-
| sToyed, the national character tarnishcd and
J love OF liberty destroyed and tho country be-
| come prey to any tyraut. Ore successful To-
| Vssion Of any right dcpreciates their val lo, and
| woskens the means of rightful resistance. No
one should liston to the doctrine Of 80 ate ne
cessty,' tho history Of which is written in the
wreck Of public liberty.
MIR. Bingham replied that all his colleague
had just said or could say had been fully and
satisfactorily answered by tho argument Of the
Attorney General heretofore submitted. Not
witbstanding tho ability of his colleague, he
Uendlcton) had not been able to diss suisc the
fact that the time has come when contemplatel 1
by the words Of tho Constitution for suspen1ing
the writ Of habcdS co,pu. Ii was important
that some power should do so. This he con-
ceded then his colleague argument destroyed
itself. 1t implied ccrsure on this House in
not discharging the duty long ago required by
the oath which they had all taken to support
the Constitution,
His colleagues position was that Congress
alone can suspend the writ, while cOucedng
the time has come for its suspension. When
Rebellion lifted up its head over a large portion
| ol lnls kepuOllC, ana csAaNed TO shake down
the pillars Of the Constitution, and drench thC
land in fraternal blood, Il was no time to be
| splitting hairs us TO whether Congress or thu
President should first exercise the power. DID
his colleague contemplate general Jail deliv
, cry, or wish TO coniino his sympathies TO tn,
rebels and conspirators of the city of Balti
mOrer Had he 10 sympathy fo
those confined in the old Capitol
Why should they not also DO discharged
Assuming his colleagues position to be right
the conclusion results that his colleague was de
rclict in duty in not moving a suspension Of tn
, writ in accordance with the oath he had takel
> TO maintain, protect, aud defended the Consti
tuition. The laws are to BE- executed, and no
only executed by force, but by the sword agains
the powers Of rebellion. 1t did not lie In tn
mouths of the momorialists to claim the benofi
of the constitution, every provision Of whic
| they had irampled under foot.
On motion OF Mr. Bingham the whole sui
ect was tablcd-1O8 against III.
A message was received from the Senate, al
nouncing the death Of Senator Bingham {
Michigan.
Eulogies were delivered by Messrs. Beamar
TIowbridge and Granger Of Michigan, MI
Sedgewick, of New York and Mr.. Ashley G
| Ohio
The usual resolutions Of respect were passed