Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1862-01-22
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or OHIO,
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The Judiciary Comnitts reported back
the memorial oil Charles Howard, William
II. Gatchell, and John w. Davis, police
oaaxssssSspass of aha ssitY ef RsiSssAere,
and Recommended that the committee be
discharged fran it's further consideration.
Mr.. PENDLETON. Mr. Speaker, as
agasasbw sf tie ] adigsAsy Csst@issss, |
felt myself obliged to examine very Care
fully the questions which arise on that
memorial. have formed very decided
opinion as to all of them, and as to the
proper course to be pursued b this House
In regard 20 them. Afgasubject invols.
ing the personal liberties Of the citizen
and their constitutional guarantees
There is, therefore, since | disagree en-
tirely 20 the report na the committee, no
choice left to me in the performance OF
what | understood to be nay duty as a
Representative and as member Of that
COMMITTEES, but 10 make every effort in my
power to induce the House TO give what |
thisrk n a proper aresppnse 70 arespect-
ful petition. ~
move TO recommit this report to the
Committee on the Judiciary with iDstrue.
sious to report resolution whioh / send
to the Chair, and On which | shall ask the
attention Of che Hoasa for few mo-
mants.
The rSosIu4i$a. rr~s re~a ,lsy st~ oas4A
as follows;
s'RssoIgsd, That the Congress alone
has the power, under the Constitution OF
the United States, to suspend the privilege
of the writ of hdbeGS corpus; that the
exercise of that power by any other de-
partnens of the Government is usnrpa-
tion, and therefore dangerous to the lib
critics of the people; that 1t Is the duty
Of the President TO deliver Charles How
erd, William II. Gatehell and John ".
Davis 10 the custody of she marshal OF
the proper district, If they are charged
with ans ofFense against the laws OF the
United States, to the end that they may
be indicted, and ''anioy the right Of q
speedy and public trial BY an impartial
inTy of the State and district wherein
The crime'' Is alleged to have been COM
mitted.
THavfng stated in detail the circunstan-
ces of their arrest, July /, 1861, by the
United States troops. under orders OF
Gen. Banks, their confinement in Fort
MeHenry, that the President had refused
80 inform the House of the grounds Of the
arrest. and on the same day had removed
them 70 Fort Lafayette, that a grand bury
in the eircuit court for Maryland had been
in session and jound no indictment, that
the process of the court had never been
resisted, except by the order Of the Pres
ident, Mr.. Pendleton proceeded.
The Constitution of the United States
provides that
stThe right Of the people to be secure
in their persons, houses, papers, and e.
fects against unreasonable researches and
seizures shall not be violated; and ne
warrant shall issue but upon probable
causes, supported by oath or Affirmation"
article 1, amendments.
"No person shall be held TO answer foi
q capital or otherwise Infamous crime un'
less on presentment or Indictment OF
grand Jury "nor be deprived
of life, liberty, or property without due
process of lAw. .''-ArticIe 5, amendments
ssIn all criminal prosecutions, the &C
cused shall enjoy the right 70 speedy anc
public trial By an impartial jury OF tht
State or distrie wherein the crime shal
have been committed, which district shai
have been previously asceTtained by Law
and TO be informed of the nature AM
cause Of the accusation to be confronse'
with the witnesses against him; to hav'
compulsory process for obtaining wit
nesses in bis favor, and to have the as
sistAnce of counsel for his defense. -
4rItcse 6, AnaeHdmenty-
These memorialists have been seize
without "a warrant" they are held With
out Gan Indictment" they are deprive
of their 'rhberty without due process o
law - they are denied "a speedy trial !;
they are not informed Of the ''nature an
cause Of the accusation they are ne
mconfronted with the witnesses" againi
them. They appeal to Congress to secuE
10 them the benefit of these constitution
al provisions they ask ''thas their eas
NAV be investigated oy Congress or ;
rernitted to the Judicial tribunals to
legally heard and determined" )" and n
wovthv colleagues On the Judiciary Com
mitsee can find no more appropriate az
swes 30 Ghsir prayer than that it sha
? lie unanswered on your table.
d Whsk do they a&k? OF what do tht
Is eomyiain2 They ask that they may ha1
d sa speedy trial !" that they may be a.
Quilted or condemned. They compla
that they are arbitrarily held by the ui
- itary power, and denied An opportuni
, TO answer any charge which may
brought against them. They do not a
au acauittal they do not sue for pardo
!, shsy Gak no relaxation Of the strictns
= of The law. On the contrary, they invo
ihe law; they ask the application Of
its rigid rales; they invite the clos
scrusiny. They have demanded th
n; much at the hands of their eaptoT.
has refused it; and now they demand
same at the hands Of Congress. The W
u; of habsas corpus Was invented to IA
on the exigencies Of exactly such ease. {
commands the person who holds the q
todp Of another to bring him before
- Judge, In order that the cause OF his |
tention may be inquired inso-thas
may be regaaaded to custody, ii be be
galiy held; that be may be discharges
he is detained wishout authority Of ID
The right 10 invoke iss aid Ia secured
- sysxy criminal ia The land, and haa ne
beea invaded by the constituted auto
a. ksss until nov. These memorial
Ias would have asaiIsb themselves of to
certain che accusation against thew, /:
,ail TO force s'spesdy trial - bus the Pr
dent has declared that be has aushori
!. .hs MILITARY cfhcsr 70 sasspnd sheir n
70 the writ, and to hold them prison
ii bis pleasure. -.
! Ii is fortunate for these memorial
tn the assegtion of khair passoaal rsgAi
IgoRsansss for the eavse of the tkuc In
ugesasion OF the Conssisaslon thai =
z. 4haEa 1