Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-12-14
LAscisrra, o., Dec. l2, 1861. T
mr. Pendleton,s - speech.

We have read 10 the Globe the very able
speech Of Mr.. PEEDLEToN, Of Ohio, on the sus-
pension by the President of the writ Of habeGS
corpus. In our Judgment 10 is unanswerable.
Meesrs. HowARD, GAToHkLL and DAVIS, three
Of the Baltimore Police Commissioners, now
confined in Fort Warren, sent a memorial to
Congress asking relief 1t was referred to the
Judiciary Committee. MIR. BINGHAM, Of Ohio,
reported il back with Recommendation that
the committee be discharged from its further
consideration. Mr.. PNDLEroN moved to te-
commit the report, with instructions to report
the following resolution:
ResOlUed, That the Congress alone has the
power, under the Constitution of the United
States, to suspend the privilege Of the writ of
habeaS corpus; that the exercise Of that power
by any other department of the Government is
q usurpation, and therefore dangerous to the
liberties Of the people; that it is the duty Of
the President to deliver Charles Howard, Will
liam II. Gatchell and John w. Davis to the
custody Of the Marshal Of the proper district,
II they are charged with any offense against
the laws of the United States, to the end that
they may be Indicted and "eDjoy the right of a
speedy and public trial by an impartial jury of
the State and district wherein the criAe'' is al
legged to have been committed, es,- .sf
Mr.. PEsDLEroN read Gen. BASKss proclama-
ton, and the resolutions Of the Police Commis,
siOners, adopted june 9Th, and proceeded to
say .r.y }s1'isal ,s.;lc.ib 5.s1g.r1 sc
will not pause to comment at large on these
resolutions The opinion of General Banks at
the time, or of this House now, as to their pro.
priety is entirely immaterial TO this issue. Lest
may be misunderstood, however, / will say
that, in my judgment they are eminently wise
aud dignifed and proper; they afforded the only
means BY which the members Of the board could
justify themselves in the present and the future,
for failure to perform the duties epjoined up.
on them by their State, and yet avoid a conflict
with the Federal authority. lstc3- '2u
II is worthy OF remark that In the proclama-
ton of the 9th of June, announcing the sus-
pension of the functions of the board, no res.
son whatsoever is given for the act; no neglect
of duty on their part is alleged; no disorder in
the city; no apprehended tumult; no act of dis
loyalty; no act of hostility to the Federal Gov
ernment, or to the maintenance OF its authority
1t is also worthy Of remark that the daily ses.
sions Of the board, assigned in the proclama-
ton of the let of July az one Of the reasons for
the arrest, If held as alleged, could only have
been three: for only so many days elapsed be-
tween the 27th of June and the lst Of July; and
that the concealed arsenal" contained only
part of such arms as had for years belonged
TO the police of the city of Baltimore. a59ii
The Commissioners were detained at Fort
McHenry. They requested 10 be informed OF
the charges against them. Their request was
refused. The privilege of habeas corpus was
declared to be suspended, and Q legal examina.
ton before q civil magistrate was denied them,
They were helpless; they were held by the
strong arm of military power, and were depfis-
sd of every safeguard of personal liberty,
which had been assured TO every citizen. They
appealed TO Congress, and, in the memorial
submitted, Tpray that their case be inyestigat-
ed by Congress or remitted to the tribunals of
justice to be lawfully hoard and determined ns9
. On the 24lh of July, the House Of Represen.
tatiyee passed q resolution requesting the Presi.
dent TO communicate ''the grounds, reasons and
evidence" for the arrest, and on the 9th, the
President declined 10 comply with the request,
alleging that sit was judged to- be incompati-
BILE with the public interest to furnish the 10.
formation ,9g sQnai7 y 9gti2l3 dis 1se
On the same day, before this response was
sent to the House, while this petition for re-
dress of grievances was yet under considers.
ton, these memorialists were transferred from
Fort McHenry to Fort Lafayette in the harbor
Of New York. hb ft6l b9ys'ssi gsis.a. l
In the mean time, "a grand jury in the Cir
cult Court for the District Of Maryland had
been in session, and had adjourned The Gov
eminent had failed to submit the case, or the
Jury had ignored the bill. ~ = RI 't 1ir.7
The Constitution of the United States pro.
Vides that ~ .sEl5 1a- ~ 4
"The right Of the people to be secure In their
persons, houses, papers and effects against un-
reasonable searches and seizures shall not be
and no warrant shall issue but upon
probable cause, supported by oath or afirma-
tion." ."--Agticte A, ABiendments.I 6bgm 3 ff1m|
"No person shall be held TO answer for cap.
tai or otherwise Infamous crime unless on a
presentment or Indictment Of a grand jury,v
& saFt 80 sgrlnor be deprived of life
liberty, or property without due process OF
Law. ."-Article s, Amendments.1 4. tlsto1I bIaI
ain oil criminal prosecutions, the accused
shall enjoy the right 10 aspeedy and public trial
by an imperial jury of the State or district
wherein the crime shall have been committed,
which district shall have been previously ascer-
tained by law, aud TO be informed Of thenature
and cause Of the accusation; TO be confronted
with the witnesses against him; to have com.
pusory process for obtaining witnesses 10 his
favor, and to have the assistance of counsel Tor
his defense. .v--Afticls 6, Amendments. es aYf
These memorialsts hayeibeen seized without
"a warrant they ara held without Fan indict
ment;" they are deprived Of their elderly with
out due process of -laWy.- they are denied 81
speedy trial." they. are not informed of the
mature and cause Of the aceuaation;" they are
not Confronted with the Wilnesses'' against
them. They appeal to Congrets to sectir 6 TO
them the benefit Of these Constitutional proyjs
ions; aud my worthy colleagues on the Judici |
ary committee can find no mere appropriate
answer to their prayer than that II shall lie un
answered on your table. ~iN'9'e sst RhA
What do they ask? OF what do they com.
plain7 They ask that they may have 'sspesdy |
rial" that they may be acquitted or con |
demned. They complain that they are arbi- |
Ifafily held BY the military power, and denied |
30 opportunity TO answer any charge which |
may be brought aeainst them. They do not
lek an acquittai; they do not sue fof pardon
hey ask no relaxation Of the strictness Of che |
n r..