New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-11

Sir sneak not in behalf Of the emoriasts-uprgbt
and honest men they are and uDJustly deprived OF
their liberty as know them to bel speak in behalf
of the Constitution speak in behalf Of the liberties
of ii nation, speak in behalf of my constituents
speak in behalf of myself and in behalf OF you, my
colleagues on this floor. And j say here that the.
uronosition that the President has the power to ~
pend the writ of the habeas corpus arbitrarily tnd
without reason. without regard to the prnclpf aI1
provisions and process Of law TO detain the en- ron OF
any portion of this country, is utterly and entirely
indefensible. And / further say that II. becomes
every member OF this House, in virtue Of his oath
taken here before the tribune Of tire people.
to support and preserve the Coz is,stution, and
in virtue of the position we h' I'D here to sup
port the framework OF the cover Ascnt and as rep
resentatives of the people, sole fv in the face Of
Heaven and OF our respoI Isi5ilities TO protest
against il.
Mr.. BINGHAM rep, TLl replied that all his
colleague had Just said OF Could saw had been fully
and satisfactorily answe ied by the argument of the
Attorney.General HERETOFORE submitted Notwith-
standing the ability of hi. colleague he Pendeton)
had not been able 70 dsuis the fact that the time
has come which IS contemplated by the words of the
Constitution for snspending the wit Of habeas cor
pus II waS important that some power should do
20. This conceded then his colleagues argument
Gestroyed itsef.
II implied a this House in not discharg-
ing the duty long ago required by the oath which
they had all taken to support the Constitution Hs
colleagues position was that Congress alone can sus-
PEND the writ while conceding the time has come for
It's suspension. When rebellion lifted up its head
over large portion of this Republic, and essayed to
shake down the pillars Of the Constitution aud
drench tine land in fraternal blood it no time TO
be splitting hairs as to whether Congress or the
| President should first exercise the power.
Did his colleague contemplate general jail deliy-
cry or wish to confine his sympatbies 70 the rebels
and conspirators Of the City Of Baltimore Had he
no sympathy for those confined in the old Capitol p!
Why should they not also be discharged Assum-
ing his colleagues position TO be right, the conclusion
results that his colleague derect in not moving
suspension of the writ in accordance with the oath
he bad taken TO maintain, protect, and defend the
Constitution.
The laws are to be executed, and not only exc
cued by force but by the sword, against the powers
of rebellion. II did not lie in the mouths OF the
memoriasis to claim the benefit Of the Constitution
every provision OF which they had trampled under
foot.
! On motion of Mr.. BINGHAM, the whole subject
was taLed-l0S against g.
! 4 message WAS received from the Senate, announ-
cling the death of Senator Bingham Of Michigan
| Euogies were delivered by Mofsrs. BEAMAN,
! TROWBRIDGE, and GRANGER of Michi4n,
Mr.. SEDGEWICK of New-iork, and Mr.. ASH
! LEY OF Ohio.
The usual resolutions of respect passed, after
which the HOuse adjourned.