The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1862-12-26
Senator Fessenden on Arbitrary Ar
rests.


We make the following extracts from the
recent speech of Mr.. Fesscnden in the Sem
ate, on the llth inst.
If the President believes that these men are
about to commit ofenses which are dangerous
TO the body-pOlitic in this time Of trouble, is
he iuS,ifi ale in arresting their persons and
combining themy Senator's say, yes; but they
want to know the grounds. Well, sir, that is a
. par,lonable curiosity; but suppose the Presi-
dend does not choose TO tell you the grounds:
he is responsible TO the American people.
suppose there would be no resisting this view
Of the case. IL Is too palpable in a time of re-
bell'on like this; il is too palpable when the
very life OF the Republic Is at stake. No man
can question not only what the right OF the
Chief Magistrate of the nation Is, but what is
his bounden duty under such circumstance
Why, sir, | should despse myself II, placed in
such a situation, could hesitate to lay my
hand upon any citizen In violation even OF
what are private rights secured by the Consti-
tuition, IL I thought II necessary TO do 80 in or
der 10 protect the Republic from destruction.
No man would be fit for that great place who
could have one single instants hesitation upon
sub nOint as that Senator'S on the other
side ayr q with me. | am happy that they too
come To that conclusion.
Then the question Is very simple one; can
we trust the President of the United States,--
Has there been any abuse OF power! Has
there been any evidence. in any quarter, that
on any occasion, in any single instance, men
have been incarcerated simply for the purpose
of per ,onal oppression Can gentlemen point
me TO the Instance where the President OF the
United States by any one of his Secretaries, has
used this power in order to wrcak private nal.
ice upon any individual; where they have ever,
-. lafl THAR hapIa n ms m
when they did not believe it TO be necessary in
order TO the protection Of the Republicl |
have heard no complaint of that kind.
Then, sir, the question addresses itself to
this side of the House. have we confidence In
the good intentions of the President Of the
United Statesr Do we believe that he has abus-
ell the power intrustei to his hands for bad pur-
lOsest Do we believe that he has wilfully, un-
necessarily violated the rights Of any single In
liyidual in the prosecution OF the great work
hat he hal in hand, to protect and preserve
he country, II We do not, then let us so n
title further and ask ourselves, do the people
eleye itl Undertake 10 say that the people
'elieve no such thing, and they have rendered
10 such verdict. | have no doubt there is
ertain portion Of the population Of the United
,tates, worked upon by bad newspapers and
licked men-men who sympathlxe vastly more
nth our enemies that with the great cause Of
ne countrywide ,hink. because they do not
Understand the circumstances, that the Presi-
ent Is going too far in violating private rights;
at, sir. the mind Of the country is an inform
educated mind, as a general rule. IL looks
the motives Of all these denunciations; Il
,oks not only NJ the acts Of the President, but
pom the necessity which brings about those
cts; aud thus looking upon them. Il can pass
enlightened judgment upon what he does.
Sir. hold and | may be accused, perhaps,
not exactly understanding quite 80 much
bout private rights ms my honorable friends on
10 other side Of the Chamber-I hold that the
.lety OF the Republic Is the supreme law. II
an old maxim which nobody learned earlier.
nj understands better than the honorable
enator from Delaware, Mr.. Baysrd.l He is
ct only scholar but alawyer. and the learned
isqusiton which he has given US more than
nee upon private rights and the nature ofgov-
rnment. shows thai there is no particular part
iii With which he Is not familiar. Now, sir,
low me &c say, most respectfully, Il Is useless
a this day tn attempt 10 apply rules to the
onduct OF the government that you would APP
ly in tune of peace. The Senator's argument
ould be very able one lift was lifted 70 the
ines; but the people ofthe country cannot
Ill to see that what may be necessary Mt one
lme Is not at another, and what Is an excuse at
ne period isno excuse under other eircamstan-
-
Because the President In this time Of war. In
his time OF rebellion, In this time OF danger,
as seen az 10 lay his hand upon men "without
ne process Of law" In the language OF the
Constitution, they viii not judge that, there