Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-12-11
9g 0elegtapt.
CONGRESSIONAL.
HoUsE.
WASHINGTON, Dec. 10, 1861.

ression OF that portion Oh flE8lnA Iormef-
~ belonging to the District OF Columbia.
MIR. Potter, from the committee on Pub
lie Lands, reported a bill providing home
steads to actual settlers, and providing
bounty for soldiers in lieu OF grants of
publiclands. He explained that the home
stead feature of this bill has heret0toFe
passed, but there is an addition that all
soldiers, marines and seamen shalt be en-
titled to the provisions of this act. 1t
also contains section giving bounty of
$50 to the three months volunteers.
The further consideration of the bill was
postponed till "Wednesday next.
The House concurred in the resolution
from the Sennte for Joint Committee to
inquire into the sonduct of the present
war, with power to send for persons and
papers.
Sir. Pendleton, Of Ohio. moved that the
memorial of Howard, Gothell and Davis
he referred back to the COMMITTEES on the
Judiciary, with instructions, declaring that
Congress alone had power, under the con-
stitution, to suspend the privilege Of the
writ of habeas corpus; shat the exercise OF
that power by any other Department. OF the
Government is usurpatiou and dangerous
to public liberty; that the powers above
named be delivered to the Marshal 10 the
end that they may be indicted, with the
cause for such proceedings.
Mr.. Pendleton spoke at length on this
subject, saying that those gentlemen were
members of the Board of Police for the
cityiof Baltimore, and on the FIRST of July
last, at tho dead hour of night, were ar
rested by order of the military authorities
and without charges being preferred against
them, were conveyed as prisoners to Fort
McHenry. They ask that Congress may
examine into the question or that they may
be heard before n judicial tribunal. And
yet his tIr. Pendleton's) colleagues, in the
Committee on Judiciary, could find no
more fitting response to the memoriRlt than
that it AhOnld be unanswered on the table.
The question here presented was as to the
legality of their present punishment,
which he denied. The meanest criminal,
oven. is within the reach of the application
of the writ of habeas corpus, and this
night has never been denied by any execn-
tive until=now.
Mr.. Peudleton said in the course of his
argument, that when the constitution was
framed there was no principle more incon-
trOyertible, than that Parliament alone
could suspend the writ of haheas corpus.
The resolution was protest against usur-
patton, and itcould not he believed that
our fOrefathers, who had so earnestly en-
gagged in securing personal liberty, would
contract the bounds OF freedom and en-
large the bounds of executive power.s IL
the President can suspend one provision OF
the constitution he can suspend them all.
and reduce this nation to the condition of
slaves by changing the theory of the gov
eminent. Any nation willing 10 adoptthis
theory, is so lost to Il manly sense of indie
pendence and dignity, and to just con-
seriousness of their courage and duty Of de-
Tending the government, that the yoke is
n fit emblem Of a Just token of their degra-
ton. Ifthis theory shall be epdersed, the
precedent will give authority in the future
10 ambitious men until public virtue will
be destroyed, the national character tar
nished, and love of liberty destroyed, and
the country become prey to any lyrant.
One successful invasion OF any right de-
preciates its value, and Weakens the means
of a rightful resistance. No one should
listen TO the doctrine of State necessity,
the history of which is written in the
wreck of public liberty.
Mr.. Bingham, of Ohio, replied that all
his colleague had just said, or could say.
had been fully and satisfactorily answered
by the agreement of the Attorney General,
heretofore submitted. Notwithstanding
the ability of his colleague, he (Mr. PEN
dIetonl had not been able TO disguise the
fact that the time had come which was
contemplated by tho words of the consti
tuition for the suspending of the writ OF
hnbeas corpus, II was important that
some power should do so, Ifthis be con-
coded, then his colleagues argument was
destroyed. II implied censure on the
House in not discharging the duty long
ago, as required by the oath which they
had all taken to support the constitution.
His colleagues position was that Congress
"a 81, t,t1a
ing that the time has come for its suspen-
sion. When rebellion had lifted up its
head over large portion of thig republic,
aud essayed to shake down the pillars of
constitution, and had deluged the land in
fraternal blood, it WAS no time to be split
ting hairs as to whether Congress or the
President should first exercise the power.
Did his colleague contemplate general
Jail delivery, or wish to contile his symph-
thtes to the rebels and Couspirators of the
city of Baltimore2 Had ne no synpathies
for those confined in the old capital2 Why
should they not also be discharged2
Assuming his colleagues. position to be
right then his colleague was direlict in
his duty Ia not moving u suspension OF tue
writ in acceptance with the oath he had
taken to maintain, protect and defend the
constitution. The laws are TO be executed
and not only executed by force but by the
sword against the powers of rebellion.
1t did not lie in the mouths of the memo
rialists to claim the benefits of the consti-
tuition, every provision of which they had
trampled under foot,
On motion of Mr.. Bingham, the whole
subject was laid on the table, by vote Of
1os yeas against % nays.
A message was received from the Senate
announcing the death of Senator Bingham,
of Michigan.
Eulogies on the character of the de-
ceased were delivered by Messrs. Beamau,
Trowbridge aud Granger, of Michigan
SahrnRfck of n Y md Ashley. of Ohio.