Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-12-11
9g IaIegraph.
CONGRESSIONAL.
HOUSE.
WAsHINeroN, Dec. 10, 1861


lie Lands, reported bill providing home
steads to actual settlers, and providing
bounty for soldiers in lieu of grants of
public lands. He explained that the home
stead feature of this bill has heretofore
passed, but there is an addition tlat all
soldiers, marines and seamen shall 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 Senate for Joint Committee TO
inquire into the souduct of the present
war, with power to send for persons and
papers.
Mr. 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 that the exercise of
that power by any other department. of the
Government is usurpation and dangerous
to public liberty; that the powers above
named be delivered to the Marshal 70 the
end that they may be indicted, with the
right of speedy trial. if there be probable
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
city of Baltimore, and on the first of July
last, at the dead hour of night, were ar
rested by order of the military authorities
and without charges being preferred against
them, were conveyed MS prisoners to Fort
McHenry. They ask that Congress may
examine into the question or that they may
be heard before judicial tribunal And
yet his (Mr. Pendlston's) colleagues, in the
Committee on Judiciary, could find no
more fitting response to the memorial than
that it should be unanswered on the table.
The question here presented was as to the
legality of their present punishment,
which he denied. The meanest criminal,
even. 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.. Pendleton said in the course of his
argument, that when the constitution was
framed there was no principle more incon-
trovertible, THAI that Parliament alone
could suspend the writ of hAbpAs corpus.
The resolution was protest against usur-
patton, and it could not be believed that
our forefathers, who had so earnestly en-
gagged In securing personal liberty, would
contract the bounds OF freedom and en-
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
ernment. Any nation willing 10 adopt this
theory, is so lost 10 "a manly sense OF indie
pendence and dignity, and to n just con-
seriousness of their courage and duty of de-
Tending the government, that the yoke is
"a fitcmblem Of just token of their degrn-
ton. Ifthis theory shall be endorsed the
precedent will give authority in the future
to ambitious men until public virtue will
be destroyed, the national character tnr-
nished, and love of liberty destroyed, and
the country become Il prey to any tyrant
Que successful invasion of any right de-
preciates its value, and Weakens the means
Of rightful resistance. No one should
listen TO the doctrine of State necessity,
the history of which is written in the
wreck of public liberty.
Sir. 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
dleton) had not been able to disguise the
fact that the time had come which was
contemplated by tho words of the cousti-
tuition for the suspcndiug of the writ of
habeas corpus. It was important that
some power should do SO. If this ba 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
alone can suspend this writ, while conced.
ing that the time has come for its suspen-
sion. When rebellion had lifted up its
head over large portion of this repdbiic,
and 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 rs to whether Congress or the
President should hrst exercise the power;
Did his colleague contemplate general