Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1861-12-25
THE WRIT OF HABEAs CORPUS
SPEECH OF MR.. PENDLEToN.

lotu lnst., OFlel abstract OF which ap-
Peared in the telegraphc summary of the
proceedings:
Mr.. Pendleton, of Ohio, moved that the
memorial OF Messrs. Howard, Gatchell and
Davis be referred back 10 the Committee
on Judiciary, with instructions declaring
that Congress alone has the power, under
the Constitution, to suspend the writ of
ha6eas corpus. Mr.. Pendleton said /: "Mr.
Speaker: These memorialists are members
of the Board of Police of the City of Bal
timore. On the lst day of July last, at
the dead hour of the night, they were ar
rested and conveyed to Fort McHenry by
a detachment of U. S. soldiers, under the
command of Gen. Banks They we're in
the performance of the duty assigned
| to them by the laws OF their State
The peace Of the city was then un-
broken. The Federal courts were in
full operation within her limits. Judges,
MarslIals and the District Attorney were
in the exercise of their accustomed func.
tions. The process of the courts, if am
rightly informed, had not been interfered
with, except in one memorable instance,
and then by the authority Of the Presi-
|
gentlemen were arrested without war-
rant. They haye been detained without
mn indictment. TLey are deprived of
their liberty without due process of law.
They have rot been confronted with their
accusers. They are not informed of the
nature of the accusation against Them
They have been denied the right to q
speedy and public trial by an impartial
jury. The President Of the United States,
in his message 10 this House, in response
to a resolution of it, has declined to fur.
nish the grounds for their arrest. On the
very same day when he did so, while their
petition for redress OF a great grievance
was pending before the house, the Presi.
dent had them conveyed out Of lie dis
trict and State in which they had been ar.
rested and where. if at all, they had COM
mitted the crime, first TO Fort Layfayette
and then to Fort Warren. They are arbi.
tsarily held by military power. They
have presented their memorial to Con-
gress, asking that Congress may examine
judicial tribunal, to be legally heard and
determined, and my colleagues On the
Judiciary Committee can find no more fiji.
this than that this respectful petition
shall lie unanswered on the table. fhe
writ OF ha5eas corpus was invented for the
purpose Of meeting the exigencies OF just
such case as this. II commands that the
body of prisoner shall be produced, that
the cause Of his commitment may be in.
qu;red into, and that he may be discharg.
ed if he is illegally held, or renanded if
he is held by competent authority on a
charge of crime. These gentlemen would
have been glad to avail themselves OF this
writ, which the President commanded his
general to suspend and to hold them at
his own sole will and pleasure.
The President, in his message at the ex
extra session Of Congress, gave US his rea.
son for his action in the matter. He says:
IL have authorized that Il e writ of haJedS
corpus be suspended" and before he did
so he talked considerably Of his right and
the propr!ety of his doing so. The priyi-
lege conferred lY the habedS corpus is TO
institute and command an inquiry as TO
whether a person is held by competent
authority under a charge of crime. If a
person is so held he is remanded, and if
he is not he is discharged. That provision
of the hdJeaS corpus act has never been in.
vaded by the executive power till now
Sir, the object of this suspen sion and the
effect also of i. is to prevent inquiries into
the legtimateness of the Imprisonment
under military power. The object of this
evasion of the great charter of liberty is
to enable military officers or others who
have like rower to arrest and imprison
men though they have committed no
crime against the laws Of the land, and 20
punish them, not as the law rrescribcs,
! but in whatever way those who have the
power may ordain. If rightly construe
the message of the President, he claims
authority to seize, 10 hold and detain all
persons not engaged in the land and ma
val forces, not men engaged in enterprises
against the Government, but all persons
whom he may suspect. and to imprison
them without regard to the provisions or
process Of law. The President further
claims the authority of the Constitution,
Of which 1t is a complete violation, TO ar
rest whoever in his judgment he may
think proper. The President says his
authority is derived by implication, md
because, / suppose, he deems it inconve-
nient to have the right to suspend the
writ Of hdbeds corpus vested III Congress
alone. Now, the only clause which refers
to the subject is one which provides that
the writ OF hdbeds corpus shall never be sus-
pended except in cases of rebellion or in
vasion, or under circumstances when the
public safety demands il, This is uns
doubtedly the only implication that can
be derived authorizing the suspension OF
the writ of haJeas corpus. Who shall sus'
pend it? That is the question. 1t is
not vested in the executive exclusively, but
in all the departments Of Government /
grant that, under the arbitrary 'ule OF
Elizabeth of England, and during the ear
ly part of the reign of Charles the First, 1T
was exercised by those monarchs, but
Charles was compelled at the price OF his
throne to assent to the Bill Of Rights, by
which he bound himself never to inprison
a man withou. due process oflaw. Charles
did not stand by his Interpretation OF the
ancient constitution, and after ten years OF
struggle with his people he lost his throne