The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1862-12-13


man could charge the President with wantonl,
violating the rights Of citizenA For lont
time leading traitors sst here, bu. no arrests
we're made. When they we're commenced there
weie necessary, and the frst arrest was for sell
ling gun-caps 70 the enemy. He for one thank
Cd the President for making these arrestA Il
was principal means Of preserving the Gov
ernment, and he hoped the President and his I'd.
vissrs would not shrink from arresting any man
who shows probable cause of being in league
With the rebels There was never rebellion
where 20 much consideration had been shown,
and % much humanity for traitors 5ls
Ar. r.SAULSBURY did not doubt that there
we're arrests made which were justi6able, but
these men we're citizens Of Delsware, whose 10y
atty had never been questioned. The motioa 70
lay on the table Vas disagreed to by vote Of
yeas and 40 nays.
Nj. FIELD said be shorld vote against the
resolution. " He wee Of the opinion that the
Pfssdens had the right TO suspend the writ Of
hsbess corpus. The trainers Of the Constitution
evidently provided that the habess corpus might
be suspended in time of instruction or invasion
and be thought it was clearly an Executive act
He vas Of the opinion that If any complaint
Was to be made it Sss that the Governments had
Ar. BAYARD continued st some length, say!
ing that the power to suspend the writ Of habeas
corpus was not IN Executive act If this was
admitted and the Legislative power had no right
to interfere, that the President might imprison
men or torture them or do what be pleased with
them. ,aba8g adi 10 9a3fin1rFssG gt,1J b gIil
Ar. SHERMAN favored the adoption of the
resolutions of inquiry which we're offered in
good feith he believed the right to suspend
tne writ OF Habeas Corpus was purely legis-
isave power, and it would only be done BY
congress, and the reasons for II, the President
had the power given to him. He thought many
Q. these arrests were great mistakes, and every
arrest ought to be reported to Congress and the
reasons for It. If this power was unlimited, the
Government would become oppressive The
people have become exasperated at the manner
OF these arrests and discharges, and it was done
to the country2and Justice demands that no man
should be arrested for slight reason, and that
the cause and charges should be properly ex-
planned, and Congress had perfect right to call
for oil information that they may 60 before the
people to be able to explain and defend those
arresta - 1855
Hr. TRUNBULL said, as he could not see
any. practical benefit to be attained in passing
these resolutions, he was inclined to vote aesnst
them. He thought these arrests had been un-
fortunate and impolitic. Judges, Courts and
Commentators have held that the power of sus.
pending the writ Of hsbeas corpus, was legis-
lative power. 1t is not from any sympathy With
traitors that there was great feeling on this sub.
ject, but because it was feared that this was an
exercise of an unnecessary arbitrary power, and
he would say to his friend Wilson who gloried in
these arrests, that there was very great danger
IN them. There was bill now here from the
House relative to this very subject, and he was
in favor of acting on that as practical measure.
!, Mr.. POWELL said the President had no
right to make these arrests, or to suspend the
writ Of habeas corpus, and in doing SO was
usurping. Mr.. P. contended that the people
had decided that these arrests should cease -
The recent elections showed this. s4# ff
Mr.. WILSON claimed that no such question
was settled by tie elections. The only thing
settled was that the Republican party could not
raise men enough to send to the field to whip
Southern traitors, and have men enough at home
to vote down the Northern democrats. That
was all that was settled. fc## g boss ID
The discussion continued at length. Pending
the question the Senate adjourned. l.gE