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

! Mt. KOStOE IpNhllNb lItp.1 ~. IL Vi'iN"
a resolution, which adopted requesting the AtiOr-
General 10 report ms views as to the means oil
obtaining retrocession Of that part of Virginia for
merry belonging to the District of Columbia.
Mr.. POTTER rep, Wis., from the Committee
on Public Lands, reported bill providing Home
steads to actual settlers, and providing bounty to
soldiers in lien Of grants of public laods. He ex-
planned that the homestead feature of this bill was
heretofore Passed; but there is a provision that all
soldiers, marines and seamen shall be entitled TO Il
bounty by the provisions of this act.
IL also contains section giving bounty oil ~ 10
three months volunteers.
Tie further consideration of the bill was postponed
till Wednesday week.
The House concured in the resolution from the
Senate for Joint Committee 10 inquire into the
conduct Of the present war, with power to send for
persons and papers.
Mr.. PENDLETON Opp, Ohio moved that the
memorial Of Messrs. Howard, Gachell and Davis
be rekTed back to the Committee on Judiciary
with Instructions declaring that Congress alone has
the power under the Constitution, to suspend the
privilege OF the writ of habeas corpus. lie said:
Mr.. Speaker-1hese memorialists members of
the Board of Police Of the City Of Baltimore. On
the first day of July last, at the dead hour OF night
they were arrested and conveyed to Fort Mclienry
by detachment Of United States soldiers under the
command Of General Banks. They were III the per-
Torrance of the dutv assigned TO them by the laws
Of their State. The peace Of the city was then M
broken. The Federal Courts were IN full operation
within her limits. Judges, Marshal and the Dis
trct- Attorney were Ia the exercise of their
/ toned functions. The process OF the Courts, If |
am correctly informed had not been interiered with,
except in one memorable instance, and then by
the authority Of the President Of the United States
himself. These gentlemen were arrested without
warrant They have been detained without an IN
dictment. They are deprived OF their liberty with.
out process OF law. Ibey have not been confronted
with their accusers. They are 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. The President Of the United
States in h. Message TO this llouse IN response 10
resolution OF IT, has declined 10 furnish the grounds
for their arrest. On the very day when he did
20. while their petition for redress OF great
grieyanCe was pending before the House, the Pres.
dent had them conveyed ont OF the district ana state
in which they had been arrested, ana Where, II
al all thew had committed the crime, hrst 10
Fort LAFAYETTE and then 10 FOlt Warren. They
are arbitrarily held by military power. They are
entirely helpless. They have presented their
memorial to Congress- asking that Congress may
examine their OF that II may be RENTED TO the
judicial tribunal TO be legally heard and determined
and nav colleagues Oh the Judiciary Committee can
find 10 more fitting response TO reasonable request
ike this than that this respectful petition shall lie
unanswered on this table. The writ OF habeas corpus
was invented for the purpose OF meeting the eXigen-
cies OF lust such O case this Ii commands that
tho body of prisoner shall be produced, that the
cause of bis commitment may be inquired into, and
that he NAV be discharged If he is illegally held or
remanded if he is held by competent authority
on charge OF crime. These gentlemen would
have been glad TO avail themselves OF thus wnt
which the President commanded his General 10 sls-
pend and 10 mold them al his own sole will and
pleasure The President iii his Message at the extra
session OF Congress gave his reason for his action
in the matter. lie SAYS: Z" have authorized that
the writ OF habeas corpus be suspended; and before
he did So be talked considerably OF his right and the
piopliety of doing 20. The privilege conferred by
Inc habeas corpus is institute and command an IN
aury as to whether person Is held by competent
authority under charge OF crime. ii person IL so
held he is relnanded; and If he is not, he IA dis
charged That provision Of the habeas corpus act has
never been invaded by the Executive power till now.
Sir the object of this suspension and the effect also
of H. il prevent inquiries into the eRitimateness
of the imprisonment under military power. The oh
eet OF this evasion Of the great charter OF liberty Is
20 enable military officers or others who have like
mower 10 arrest and imprson men though they have
committed no crime against the laws OF the land,
and to punish hem not as the law prescrbes, but 10
Whatever way those who have the power may o.
dam If rightly construe the Message OF the Pres-
dent he claims authority TO seize, TO hold ana detan
all persons not engaged in the land or naval forces,
not men engaged in enterprises against the Govern
ment, but all persons whom be may suspect, ana 10
impnson them without regard TO the provisions or
process OF law The President further Gains the
authority Of the Constitution, OF which 1t rs
complete violation, TO arrest whoever III hs Jndg-
ment he may think proper. The President gays me
authority is derived by implication, and because,