The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-11
House OF Representatives.

House OF Representatives.
WASHINGTON, Dec. TO- 1861
Mr.. Roscoe L. CosglISC, (rep,) of N. Y, offered
resolution, which adopted, requesting the Attorney
General to report his viows to the OF obtaining
Of that part of Virginia formerly belonging
to tho District og Columbia.
A HOMESTEAD BHf~
NJ. POTTER, (rep.) Of Wis, from the Committee
Public Lands reported bill providing homcsteads TO
actual ssters and providing bounty for soldiers in
lieu oil grants Of public lands Ho explained that the
homestead feature OF this bill heretofore passed;
but there is addition that all soldiers marines and
seanen shall be entitled to the provisions OF this act
also contains section giving bounty Of $50 TO the
three months volunteers
The further consideration Of the bill was postponed till
Wednesday week.
ENQUIRY THE WAR
The House concured in the resolution from the Senate
FOR the Joint committee inquire into the conduct the
present war; with power to send for persons and papers
THE scsrHssIos coRrts.
Mr., PEsDIEroH, iopp) Of Ohio, moved that the
rial Of Nessrs Howard Gschcil and DAVIS be referred
back TO the Committee on Judiciary, with instructions
declaring that Congress alone has the power under the
constitution, suspend the privilege OF the writ Of
habess corpus. Mr.. Pendietor ssidhr speaksr-Ihese
,nemoralsts members Of the Board Of Police OF the
City Of Baltimore On the Rrst day OF July sst the dead
McIenry by detachment OF Cnited States soldiers under
the command OF Genera. Balks They ia tho per-
OF the duty assigned TO them by the laws Of
their State Tho peace Of tho city Of Baltimore
was then unbroken The federal courts were In
full operation within her limits. Judges, Mar
sbal and the District Attorney in the exercise
OF their accustomed functions. The process or the
courts, II am correctly informed, had not been
nterfered with, except in memorable instunce
and then by the authority Of the President Of the United
states himself These gentlemen arrested without
warrant They have beer detained without indict'
| They deprived Of their liberty without pro-
Of law They have not been confronted with their
They not informed OF the nature Of the
accusation against them. They have been denied the
right 10 speedy and public trial by an impartial Jury
Tie President the Uni,oi States in bic Message this
House in response 70 resolution of 1t, has declined
furnish the grounds FOR their arrest On the very
day when ho did while their petition for redress of
sres, grievance p was was pending before the House the
| and state in which they had arrested and
whore, IL at all, they had committed the crime first
are arbitrarily held by military power. They
entirely helpless. They have presented their memorial
10 Congress asking that Congress may examine their case
or that may b. RENTED TO the judicial tribunal 10 be
legally heard and determined and my colleagues the
judiciary Committee can ind no more fitting response
reasonable request like this than that this respectful
petition shall lie unanswered ON this table. Tho writ OF
habcas corpus was invented FOR tho purpose Of meeting
the exgence5 Of Just such this. IL commands
that the body Of prisoner shall DO produced, that the
cause OF bis commitment may be inquired into, and that
he may discharged he is illegally held or rsmanded
| il be s hold by competent authority on
| charge Of crime These gentlemen would have
| been glad to avail themselves OF this writ
which the President commanded bis General to suspend
and to hold them at his sole will and pleasure. Tho
President in his Message az the extra session Of Con.
gresa, gave his for his action in the matter
Hc says--'J have authorized that the writ OF habeas
corpus be suspended and before bo did he talked
considerably OF his right and the poprie'y Of doing
The privilege conferred by The babcas corpus nsti
tuta aud command an inquiry AZ 70 whether person
held by competent authority under charge Of crime.
| If he is not he is discharged That provision
os the habeas corpus act has never been invaded
by tie executive power Of the government till now
Sir the object Of this suspension and the OBJECT also Of
IL is 80 prevent inquiries into the iegitimateness
of the imprisonment under military power, The object
Of hs evasion Of the great charter Of liberty is enable
military officers others who have like power arrest
and mprison men, though they have committed crime
aganst The laws OF tho land, and to punish them, not
the law prcscrbes bat II whatever way those who have
the power may ofdain II rightly coDsrue the Message
Of the President he claims authority TO SEIZE 10 bold and
dctan all persons not engaged IN the land or naval
forces, not engaged 10 enterprises against the gov
ernment but all persons whom he may suspect, and to
imprisoa them wthou, regard TO the provisions or pro-
cess Of law The President further claims tho
| authority Of tho constitution, Of which it is
completa violation, to arrest whoever III his judgment
| he may think proper. The President says his
authority IS derived by implication, and because sup
nose he deems !. nconyeuent have tho right sus
pend The writ Of habeas corpus Congress alcno
New the only clause which refers TO the subject
which proyides that the writ or habeas corpus shall
never be suspended except ID Of rebellion nva
sion under circumstances when the public safety de-
nands IT, This is undoubtedly the only implication that
derived authorizing the suspension of the writ OF
habeas corpus VINO snail suspend w lhat Is thc qnes
ton. II Is vested 10 the Executive exclusively nor
ID Congress- exclusively, but in al the departments Of
the government. Igran that under the arbitrary rqle
Of Elizabeth, Of England, and during ,he early
part Of the reign of Charles the First il |
was exercised by those monarch9. but Charles wns
compelled tho price Of bis throne 70 to the PA
Of Rights b. which he bound himself never 10 nprisoa
without due process Of law, Charles did not stand
by bib Interpretation Of tho ancient Constitution and
after ten yoars u struggle With us people he os his