Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1862-12-15


SESATE-The Chair laid before the house
communication from the secretary Of War in
answer to a resolution calling for information in
relation 10 the sale of colored freemen captured
by the rebels, &c.
The reply Of Secretary Stanton states that no
information the subject is in possession Of
the War Department
Mr.. Sherman presented petition in favor OF
general bankrupt act
Mr.. Davis presented two petitions protesting
against the action of the Advisory Board of the
Navy.
Mr. Sumner, from the Committee on Foreign
Relations. reported a bill for the relief OF the
owners of the French vessels Inles and Et
Marie.
Mr.. Anthony. from the Committee on Print
ing. reported bill to increase the bonds of the
Superintendent Of Printing.
Mr.. Hale introduced bill TO abolish the grade
of medical officers in the service of the United
States
The resolution offered by Mr.. Spaulding rea-
tive to the arbitrary arrest Of citizens of Della
ware was taken up.
| Mr. Hale said the Senator from Delaware Mr..
Bayard) yesterday referred to proper division Of
power as being the hope of free Government;
and he (Hae) was not willing 70 see the Senate
interfere with other Departments. Ii any citi
Zens of Delaware had been aggrieved, the courts
were still open. He believed the writ OF habeas
corpus was not dead yet. He acknowledged this
was embarrassing question
| Mr. Bayard said theirs was no such division Of
Government power. The judiciary was always
the weakest. The President has asserted the
/ right TO suspend the writ of habeas corpus, and
he thought it proper for the Senate to inquire
into the matter.
| Mr. Wilson, of Mass, said doubtless every
body regretted the necessity of making these
rests in this country. The President regretted it
L IA tls l..
man could charge the President with wantonly
violating the right Of citizens for long time.
The leading traitors sat here but no arrests were
made. When they were commissioned they
were necessary, and the first arrest was for sell
ing gun caps to the enemy.
| He for one, thanked the President for making
these arrests. 1t was powerful means of pre-
serving the Government, and he hoped the Presi-
dent and his advisers would not shrink from ar
resting any man who shows probable cause of be-
ing in league with the rebels. There was never
IA rebellion where so much consideration had been
shown, and much humanity for traitors.
| Mr. Salisbury did not doubt that there were
arrests made which were justifable; but these men
were citizens of Delaware, whose loyalty was
never questioned.
/ The motion to lay on the table was disagreed
10 by vote of yeas to 40 nays
! Mr.. Field said he should vote against the reso-
/ luton He was Of opinion that the President had
the right to suspend the writ of habeas corpus.
| The trainers of the Constitution evidently in
tended that the habeas corpus might be suspended
in time of instruction or invasion, and he thought
it clearly Executive act He of the
| opinion that if any complaint was to be made it
was that the Government had been too lenient
to traitors
Mr.. Bayard continued at length, saying that
the power to suspend the writ of habeas corpus
was not an executive act. If this was admitted,
and legislative power had 10 right to inquire,
then the President might imprison men. tor
ture them, or do as he pleased with them
/ Mr.. Sherman favored the adoption of all these
resolutions OF inquiry, which we're offered in good
faith. He believed the right to suspend the writ
of habeas corpus was purely a legislative power,
and it could only be done by Congress; but since
the legislation of list Congress the President has
had power given to him. He thought many of
these arrests were great mistakes; and every
rest ought to be reported to Congress, and the
reasons for it. If the power was unlimited the
Government would become oppressive. The
people have been exasperate at the manner OF
these arrests and discharges. and it due to the
country and justice that no man should be
rested for light cause. The cause and charge
should be properly explained Congress had a
perfect right to call for information that they
may go before the people. and be able to explain
and defend these arrests.
Mr.. Trumbull said that as he could not see
any practical benefit to be obtained in passing
these resolutions, he was inclined to vote against
them. He thought the arrests had been unfortu-
nate and impotic. Judges, and courts, and
commentators have held that the power of sus-
pending the writ of habeas corpus was legis-
lative power 1t is not from any sympathy with
traitors that there is great feeling upon this sub
ject, but because it is feared it is exercise of
an unnecessary and arbitrary power. He would
1 i a.
arrests, that there was very great danger in them
there a bill now before the house relative to
this very subject, and he was in favor of acting
upon that practical measure.
| Mr. Powell said the President had no right to
make these arrests or to suspend the writ, and
doing usurpation. The people have de-
cided that these arrests should cease. The re-
cent elections showed this.
| Mr Wilson claimed that no such question was
settled by the elections. The ouly thing settled
was that the Republican party could not raise
men enough TO send to the field TO whip South
ern traitors and still have men enough 1T home
to vote down Northern Democrats. That's all
that settled.
The discussion continued at length. Pending
the questian the Senate adjourned.
HoUsE-Mr. Conway said he did not regard
the proposition. as now presented, as having
ceived the assent required by the Constitution.
believed il was the intention Of the President to
encourage State organizations in ali the secedei
States. but placing the assumption of the State
in the hands of a few individuals appointed
by the President was fragrant and unconstitu-
tional. The scheme was revolutionary and ought
TO be exposed TO the reprobatOn of every loyal
citizen. IL would be all utter perversion of our
system It would in effect concentrate all the
power of the Government IN the hands of the
| Executive
Mr. Brown, of Virginia. replied. arguing that
the erection o. the State of Western Virginia
was perfectly lawful and constitutional. The
provision of the Constitution in regard to the adj
mission or erection OF new States had been com
piled with. and in this connection he quoted as
similar the preamble aud act admitting Ken
lucky, which was formed from part Of Virginia.
Precedents, he insisted, supported the new State
organization.
Mr.. Mallory said: ] understand that more than
half the counties Of Virginia were not repre-
scented in the Wheeling Legislature.
Mr. Blair, of Virginia. asked if all the coun-
ties we're not invitedI
Mr. Brown-All were expressly invited
Mr.. Mallory-Although they we've invited were
not some OF them so completely Within the con.
troll of foreign Governments they could not send
representative TO the Legislaturei
Mr.. Brown can't say whether the people
were under intimidation not. II is sufficient
| to say they were invited to come. Ii they staid
away it was their fault, not ours. Ii they were
disloval they could have no voice in the Legisla
ture of Virginia.
Before Mr. Brown concluded the morning hour
had expired, when the House took up the special
order authorizing Assessors and Collectors and
their assistants, under the tax law, to administer
oaths, &c.
Mr.. Brown resumed his remarks in advocacy
Of the bill for the admission Of the State of West