The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1861-12-20

0ack 10 the committee on the judiciary, with
instructions declaring that Congress alone had
power under theConstitutlon to suspend the priv
ilege of the writ of habeas corpus. That the
exercise Of that power by any other department
OF the Government is usurpation, and danger
Gus to public liberty. That The persons above
named be delivered to the Marshal TO the end
that they may be indicted with the right of
speedy trial, it there BE- probable cause ior
such proceedings.
He spoke at length on this subject saying,
that those gentlemen were members of tine
Board of Police for the city of Baltimore, and
on the first of July last, at the dead hous of
night, were arrested by order of the military
authorities, and without charges beiug prefer
red against them were conveyed as prisoners TO
Fort M'Heary. They ask that Congress may
examine into the question, OF that they may 5e
heard before I. judicial tribunal, and yet his
(Mr. Pendleton's) colleagues in the Committee
on he Judicary could find no more fitting res
ponse 20 the memorial than that it should lie
unanswered on the sable.
The question here presented vas as to the
legality Of their present punishment, which he
denied. The meanest criminal, even is within
the reach Of The application ofthe wit of
Aabcas cor2as, and this righ: has never been
denied BY any Executive uEtil now.
Mr.. Pendle.on said in the course OF his argu-
ment, that when tee Constitution was framed
there was no principle more incontroyert;ble
than that parliament alone conld suspend the
VII: OF Aabeas corpiss. The revolution w23 .
protest -gainst usurpatioa, and il could not be
believed that our ioFeiathers, who had 50 ear
hestly engaged in securing personal liberty,
would contrast tie bounds OF freedom, and en-
large the bounds of executive poReE. # the
President can suspend one rfovisioa of the
Constitution he eau suspend them ali, and re-
iuce this nation to the conditi0a of slaves by
chans;ng the theory OF The Government. Any
nation willing to adopt this theory is SO lost TO
Z manly sense OF independence ana dignity, and
20 just Consciousness Of their courage and duty
Of irlrniing the Government, that the yoke
is a IL emblem and Just token Of their degTa-
dation. If this theory shall be endorsed the
precedent will give authority in the future 10
am5ltiodG :l~n Until public virtue will be des-
troyed, the national character tarnished and
love OF liberty destroyed, and the country be-
CONS prey 10 any tyTsnt. One successful
IL fyzsioa OF any F.gts ospTeciates us value, and
Reakens the means OF rightfnl Frsistanoc.--
No one should listen to the doctrine OF State
necessity, the history OF which is written on
the wreck of public liberty.
Mr.. Bingham (OhIo) replied that all bis COL
league had just said or could say, had been
fully and satisfactorily answeFed by the argu-
ment OF the Attorney General, heretofore SUBJ
mitted Notwithstanding t..e ability Of hIs
COLLEAGUES, ne (Air. Pendletou) had not been able
to disguise the fact tina; tie time had come
which was contemplated by the words OF the
Constitution for tie suspendIng of the writ of
ho2 sas corpus. II was important that some
power should 60 so. II This be conceded, then
bis colleagues argument has destroyed itself.
L implied cenaure on the House IN not dis
charging the duty long ago, Is required BY
the oath which they had all taken to support
the Constitution. Eils colleagues position was
that Congress alone eau suspend this writ,
while consentIng that the time has ccme for its
suspension.
On motion of Mr.. Bingham the whole sub
iecl was laid on the table by vote of l0S years,
against % nays.
A message was received from the Senate,
announcing the death OF Senator Bingham, of
Michigan. Eulogies on the character of the
deceased were delivered oy Messrs. Beaman,
Trow5ridge and Granger, Of Michigan, Sedg-
wick, ofNew YORK, and Ashley, of Ohio. The
usual resolutions of respect were then passed
and the House adjourned.
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