New-York daily tribune., 1861-08-12

the bearing by the
Executive Council, the minute made by Congress
'''In Corgress 9th September III.
Re,orsd That wond be improper for Congress to enter
into hearing OF ts remontaG or other prisoners In the
therefore, the Counc decns giving them hearing for the
reasons assigned n their letter to Gongess ha. be recon-
such Of said Pr.or yet refuse to swear or sm allegiance
!hs State of Penn.yvsni to st1onOn 10 nrslis "a. s,
Executive Council being unavaing the parties sesa @ Tsro
their last resource they applied under the laws Of Pennsy
ysnia to be brought before the Judfa cour" oS VIII" " ~
The departure of prisoners committed to the care Of
Colonel jacob Morgan Of Bucks county and they were
by six horse commanded b. Alexander Nesbitt and
Samuel Caldwell who were obey the dr atches from the
Board War Of which General HOrao Gates wa, presaep.
directed the euenants of the counties through which the
writ, being RsS. to hi css
aud they were served on the Office who had the P,one m IN an
Reading the 4h day of september but the
officers refused to obey them o.,
Of the 10th of September that Alexander Neb one OF the
officers had previously obtained information about tn. wr.
instance Of the Supreme Executive Council passed law
the 10th Of September Ill., to suspend the habess corpus
their the Supreme Executive Council on that day ordered
the same to oe carried into effect"
Continuing the history OF this cage, we find that
The party consisted Of twenty persons Of whom seventeen
members Of the Society of Friends They were ordered
first to stanton then frontier town in the sesten settlement
Virginia bn s.rwad to be detained at Wuches.r where
they Kept in partial confinement nearly eight months with
to- S w Sy Sa Of s Supreme
Penn.y yana daied April l77s, as folows and cor,
fning the prisoners Virginia, the expenses Of their
journey aud all other incidental charges be paid oy the sad
Bing the stay Of the e1les Winchester nearly all Of
them sai.red greatly from unavoidable n their
sitnaonfom anxiety separation from their families left
protected in then oe,ieged siy liable q any
and expoure during Winter in accommodations
trey unsuitable for hem two Of their number departed this life
In the month OF March l77s."
Thus, Mr. President, we find that the writ of habeas
corpus suspended by the authorities Of Pennsylva
nis during the Revolution, In the case OF persons who
considered dangerous and nmical to the country
writ taken out and served upon the officers, and
they refused to the prisoners even 70 give
them hearing If the Senator from Kentucky bad
desired extreme case and wished to make display
OF hs legal and historical information 1t would have
been very easy for him to have cited this casemuch
more aggravated much more extrayagant, much more
striking than the one in regard to which he was speak
| ing. Let it be remembered also, that this case,
although it TO be extrayagant and striking
one occurred during the OF the Revolution, under
| Gen. Washington before had President. We
find that at that time the wr Of habeas corpus was
suspended, and twenty individuals were denied even
the privilege Of hearing, because they were con-
sideed nimical and dangerous to the liberties Of the
! country In the midst Of the Revolution, when the
writ of habeas corpus was as well understood as 1t Is
! now, when they were familiar with its operation IN
Great Britain, when they knew and understood all the
rights and privileges II granted To the ti1en We ind
| that the Legislature of Pennsylvania passed law
repeug the power to issue the writ of habeas corpus
and went back aud relieved the officers who refused to
obey the writs and indemniied them from the opera
tion OF any wrong they might have dOne III the Senator
| wanted II strong aud striking case, one that would
/ lear comment, why did he not so back TO TINS clse
that occurred in the Revolution during the very Pc
rod referred to by him But no. all these cases seem
to have been forgotten, and the mind was liked down
upon n case of recent occurrence. There Is great
similarity in the The one TO which have al
| luded. however, Is much stronger case than tat
l.. al. B in lad3 n
where Congress was sitting; it in pennsy lyania
where these persons who considered iniucal TO
| the freedom Of the country, were found. congress
appealed TO, but Congress the order and
the Legislature OF PenDsy aDa after 1t was executed
though il in violation Of the night TO the writ o
habeas corpus passed "A law indemniiying the persons
that had violated il, and made It retrospective IN It's
| operation. What is our case now We are not
Struggling for the establishment of oar nationality but
we are now struggling for the existence OF the Gov
ernment. Suppose the writ OF habeas corpus has been
suspended the question arises whether II was not
iustifsble suspension at the time; and ought we not
| now TO indorse simply what we would have done if
we bad been here ourselves at the time the power was
| exercised go
| The impression is sought to be made the public
mind that this il the first and only case where the
| power has been exercised. l have shown that there
Is one tenod more striking that occurred during our
struggle for independence. Is this the hrst time that
persons n the United States have been placed under
| martial law In 1915, when New-Orleans was about
to be sacked, when foreign foe was upon the soil Of
| Louisiana, New.0rleans was put under martial law,
| and Judge Hall was made prisoner because he at
tempted 10 terpose. Is there man here, or in the
country who condemns Gen. jackson for the exercise
| of the power of procaimiug martial law in 1915
Could that city have been saved without placing II
under martial law and making Judge Hall submit to
| i'll know that Gen. Jackson submitted TO be ar
rested tried and fined 81 OO0 but what did Congress
do in that case II did just what we are called on to
do In this case. BY the restoration of his fne-an act
passed by overwhelming majority IN the two Houses
of Congress-the nation said . we approve what you
did" Suppose, Mr.. President land it may have been
the easel that the existence OF the Government de-
pended upon the protection and successful defense Of
NewOrleans; and suppose, too, was III violation OF
the strict letter of the Constitution for General jackson
TO place New Orleans under martial law, but without
placing il under martial law the Government would
have been overthrown: s there any reasonable, any
intelligent man in out Of Congress who would not
indorse and acknow ledge the exercise OF power which
was Indispensable to the existence and maintenance OF
the Government The Constitution was likely TO be
oyertn rown the law about TO be Violated and the
Government trampled under FOOT and when 1t becomes
necessary 10 prevent this by exercising power
that comes in conflict with the Constitution III time OF
peace it should and ought to be exercised If General
jackson had lost the City Of New-Orleans, and the
| Government had been overthrown by refusal on his
part TO place Judge Hall and the City of NewOrleans
under martial law, he ought to have lost his head.
But he acted soldier; he acted IA patriot; he
acted as statesman one devoted to the institutions
and the and the existence OF his Govern
ment; and the grateful homage OF a nation was his
reward.
Then, Sir, the power which has been exercised in
this instance is no new thing In great emergencies,
when the life of nation is IN peril when its very ex
istence is ckerng, to question too nicely to scan toe
critically its acts in the very midst Of that Crisis when
the Government is likely 10 be overthrown, Is TO make
war upon it, and to try TO paralyze its energies. II
war is to be made upon those who seem to violate the
laws of the United states in their efforts TO preserve the
Government until the country passes out OF rts
per; wait until the country is relieved from its diff
Guilty wait until the crisis passes by, and then come
and ascertaia what extent