New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-07-31
XXXVIIra CONGRESS.
EXTRA SESSION.

vUsaiou. He said be had been Of tbose who con-
ered important TO preserve toe un.on M ,te mte8
;>y and it was very ilp0rtan 70 the State OF Mary
kr& both from her geographical position and interest,"
even If there were patr otsm tners. AID that feel
ING existed 10 the State to-day. YET ne sSongn' tnaS
Btste had been subjected to oppression: ne waS
not wiling to sanction acts vioatiVe OF principles anu
civil liberty lie referred 10 and spoke at some
c the sanc,ity and right OF the writ Of haoeas corpus
sna of the struggles of England 10 keenre Sua' .s
Many persons had been ar estsd N bis Siate VIA ~
warrant of law hut the intination OF base ana u
ysinsipled scoundrels 70 crafty private maneDly o
byal and respectable individuals Inc proVn,on
Of hsheas corpus was put IN the ConsnSntoh as .
special safeguard against tyranny. lie cohish'eu &c
sbe President had no authority suspend the WA Oh
habeas oorpus. Tbat power was confined 70 eon'
gyees. II the plea Of necessity ~ mace 10 tnis cse,
Ale same plea will oe made IN other eases OF vloo
Of the Constitution. There Is no posslbhty OF anotDe'
eDsu,e az Baltimore No man regretted more than
imsef the acts of the l9thof April. The Governmen'
uyht as well attempt TO suppress the >ate s
Gent Of Maryland az suppress the ponce, wen
State itsIt ailent j DC Stase oI MD'i""~
eeen q loyal State.
The resolution was postponed uDtIi usJ hv the
The Triff bin was then taken up and Passed ny '"e
sshsSIbg yossA NJ, Char, collsmsr oOwsD,
poSs Fss.enes1 Foo @ Howe KDs t Tse
laE Msp0ugAlL Mo .di ~. 5TI WiSSn91
i SIssI55 oss.sn s ssa Slfsas
sSs.. Esasssy, Lane Shan fs"o'' f0'' Powell A'''
fsssSny, ssd Trunbul-l&
a., ,oIion of Br. IRU MBl LII tne OH s"pF'0e9
tpsarrect'on was taken up' 80 =, m, L., s
tbe hin js 70 confer certain powers on ihe i1iii'4I
sutborjties in cases of instruction and r.9eh'n, ""
20 regrate ne far practicable by laV, he exercise
of sn powers; TO provide Tor putting down TINS
rebellion in constitu iOnal and legal manner. The
rebellion having arisen during the recess Of Congress
imposed ON the President who If sworn TO preserve
tT0tect and defend tie Constitution aud whose uOly
h il 10 zoe that the laws are faithfully executed the
aNasfin0 his whole Constitutional power
TO preserve The Constitution from OverthrOw aud The
Government from oesructi Jn IL may be mat, IN inc
exercise II this hi DUTY, The President has assumed
authority ard done aets witch mo positive law dlfectly
authorized. but whatever no has done, which was
necessary to preserve the Constitution and the
Government from destruction till Congress
could be convened and act, was not
only not forbidden, but proper and light.
On the great principle Of geltdetorse end sepre.er-
vs,ion, l am prepared 10 justify the Administration
for all has done te the Republic from the blow
which wicked rebeis were aiming at It's very life, aud
which unless warded OFF, might have been fatDl TO s
existence. In sueh case care lot whether can
fnd in strict law the precise warrant for what has
been done. Tie great law % seli-preserTal9n over
yides all others and such time il IL enough for me
shat the Administration has aced IN good ilth Tor the
safety Of the State, without unnecessary encroacl-
nents she rights Of the citizen. hen Congress meets
Il becomes its bOnnden duty 10 cOthe The INeenlNe
with Ar the powers necessary 10 save the Government
from overthrow. There is no longer Iacessl!y Tor
the PRECEDENT 10 authority not granted, when
kOnNTfFE III session, WIFI power HS1uNu
authority. TIE Constitution makes ample pro
Nision for its oTp maintenance, aud this icbeilion
ean be put dewn IN pursuance III the tc1sltaIlIn.
Among other thugs, that Instrument declares tha'
topgrrss shah a,.Ve power TO dec4fe war, 20 make
rnles concerning captures land and wafer 70 ralsf
and support a-a;es and make rules Tor ther govern
inent 10 provide for calling foitb tire illrla 10 exc
cu the h,xyssof the Union and sepness lnsllricoioD
snd to make all laws necessary for carrying INTO exc
,ution these powers. The Constitution also authorizes
suspensiosi6f the wnt OF hsbehs eorPns IN cases Of
s...xra Nah y
nnirea H. NNben war is declared. or the militia called
forth 10 execute the laws of the UDoD or 10 supI
an jnsurreeiOn, whatever ID necessary 10 accomplish
the lust ends of the war, or OF calling iortn The
militia NAV be lawfully dono. With the declaration OF
war or the calling forth the militia TO execute the laws
or 10 suppress insurrectlon, all the Incidents 20 wal
and hosties necessarily and lawfully follow
How lar is necessary TO destroy me pesona Oh fi
mics OF rebels, or to raYage ana iay Wa-te lheh
10 he Indeed of nv the poh,ra aud not the jaGiCia
,,o~ers OF the Government. The government IL e
decide when that which amounts to rebellion exists
and interfere to suppress II WIN all 'ns ne iGo e
- States expressly says, in the case Of Luther agt
Borden 7, Howard As, " PROFESSIONALLY q State ma!
use its military power ~ put down an armed lnsur
yeetiOn too strong TO be controlled by the civil an
tbority. The power is essential 70 the existence
every Government AID essential TO the preservation
OF order and free Institutions
Mr. CARLISLE moved TO strike ont the 9Th section,
which provides that the military commander csGte
snspeed persons TO he brought before him axe the
oath Of allegiance and on their refusal to take the
oath he may detain them prisoners. lie said giving
kneat power TO the military commander might do great
injury. Men disposed 20 aid this effort 10
th0w the Government and pay attention 10 the oath
He free 10 say If he should be unfortunate as
10 be taken prisoner by the enemies Of his country and
could only preserve hs life by taking the OATH ind If
he believed il his duty 10 bis country and family TO
preserve bic life then he shOnld not regard the oath as
binding obligation morally legally. lie contended
shat the President is nsed in what he has done ia
Euspendug the writ Of habeas corpus. IL rebel
lion overthrow Republican Institutions 10 preserve
any peculiar institutions. In regard arrests be said
there to-day many Of the best citizens of Western
Virginia imprisoned ia tails and held by SeceSsiOnsts.
It important that the Government shOnlddo some
thing to remedy this great evil.
A message frOmthe HOnse announcing the passage
at the Tax bill and the resolution TO adjourn Fri
day, wss received.
The Tax bill taken up and referred to the Com
mittee Of Finance
MIR. McDOUGAI spoke OF some length. He con-
tended that the President was perfectly justified IN a
he had done. In time of necessity coupels TO
do many thiuga which right and proper, and we
must make the cover the case, and so have the
war settled once for all
Mr.. COWAN thought II was not necessary to make
anew law for the military commander. The enemies
OF the country have no rights under the Law Of the
country, as they have cut themselves off from all right
The military commander bar but 10 carry out the laws
Of the country they Rebels have no right 20
claim the benefit Of the writ Of haboss CORPUS He
was opposed TO the bill.
Dir. BAYARD moved 10 postpone it till to-motrove
mir. FESSENDEN said if it was postponed az MI
be hoped it would be indefnitely.
MIR. BRECKIARIDGE said he thought that the
best plan. lie thought il contained the ost atrocous
provisions which have been resisted by free people
He thought the introduction Of such bill to the
American Senate a most gloomy commentary ON the
degenerate state Of the country.
Mr. CLARh moved TO lay the bill on the table.