, 1862-12-10
PROCEEDINGS OF CONGRESS.
WAsHSGToS. Dccembcr9, 1862.
SEN ATE


sWer to resolution calling for infornat;r,, r.
relation to the sale Of colorcd frceulcn c,,,
tuTed by Inc rebels, SC. The rcply of Strr1,
tary stanton states That no information on t;,,
ment. P"'
alr: SHERMAN presented petition in f,
Tor Ct general bankrupt act. -
Mr.. DAVIS presented two petitions 1,ro
testing against the action Of the Advisory
Sir: sUMSER. from the Committee m Far.
tIgn Relations, reported bill for tile relief al
The owners Of thu French vessels Jules md
Mr.. ANTHONY, from the Conmittcc ~
Printing, reported q bill to increase tie bonds
of the Superintendent Of Printing,
Nr. HALE introduced bill 10 aboIis!, t1e
grade Of medical officers i'll The service Of The
United States.
The resolution offered by c1r. SALISBURY
Tel;ilse 10 tAe arbitrary arrest of citizens O.,
Delaware WAS taken ul,.
- Mr. HALE said the Senator from Delaware
{Bayard) yesterday referred to a proper diTIs.
ion ii power as being the hope Of Il free p,y-
ernmcnt, and he (Hale) was not willing to see
lEe Senate interfere with other departments. :.
II any citizen Of Delaware had been agriuycl.
The courts were still open. He believed the
writ u ha5t"s co,ous was not dead vet Hr
acknowledged that this was ~. embarrassing
question. =
Mr. BAYARD said there was mn smell 7;visz
ion Of government power The Judiciary va:
always the weakest. The President has as
serted TIT right TO suspend the writ Of h,5ets
tp'71"x. and he thought it proper for the Sen
::tc TO inquire into tl1r matter.
Mr.. WILSON, OF Mass. said. doubtless cv-
eerybody regretted the necessity Of making
These ;arre:ts Ill this country. The President
regretted it as much lis anybody. He did put
think any loyal man could charge the Prcsi-
dent with Wantonly violating the right uf yiti-
zcns. Fora long time two leading traitors
sat here, but no arrests were made. Wh.n
1hcy were commenced they were necessary.
and the first arrest was for selling r1,n .ans :,
tie enemy. Tie, for one, thanked the Presi-
dent for making these arrests. It was DOW
eri!1l means Of preserving the Government.
and III hoped the President and lis advisors
"on1u mol shrink from ArrestinE any man
who shows any probable cause Of being in
league with the rebels. There WAS never a
REBELLION where as much consideration had
oecn shown, and so much humanity for trai-
ttr:.
Mr. SALISBURY did not doubt hut there
we're arrests made which We're justitiable; but
these men were citizens OF Delaware. whose
loyalty had never bcen questioned
ING resolution to lay on the table was l;sa-
greed to, by Il vote of 8 yeas to 10 nays,
Mr. BA4AkD spoke ut some length, saving
the power to suspend the writ of Habas to;:2 2
H.
mI1'ed, and tile legislative power Ind no
right to Inquire tllen the President might
men TO torture them. or do Il.
lie pleased with them.
Eli: SHERMAN favored the adoption of all
:Eese resolutions Of inquiry whici, were of:.r.
ed IN good faith. He< believed the right 10
suspend tie wit OF Aa0tas coio"s WAS purely
inee The legislation of the ennre1?; i?f nuroat ptt
the President has had the power given to lin.
He thought many Of these arrests were srcat
mistakes, and every arrest ought to be REPORT
cd to Congress, aud the reasons for it, Iftitis
power was unlimited, the Government woulI
become oppressive. Tic people have been
ut the manner Of these arrests
and dist sttiargcs, and it was due to the country
and Justice that no nan should be arrested f5r
light cause, and that the cause and charges
inonld be properly explained, and Congress
|iad y perfect right to call for all Information
hat they may 20 before the people. and be
able to explain and defend these arrests,
MT. 1KQMBULL said that as lie could rot
sec any practical benefit to be attained in
passing these resolutions. he was inclined to
vote against them He thought these arrests
hid been unfortunate and impolitic Judges
nd courts anu commentators have held that
Inc writ OF Ad6tns corpus WIS :, legislative
power. 1t is not from, any sympathy with
traitors that there is great feeling upou this
point. but because it is feared this is a1l cxcr
:Ise OF m unnecessary and arbitrary rower,
md lie would say to his friend Wilson, Sho
slorled in these arrests, that there was very
here from the House relative to this very sub
ect, and lie was in favor Of acting upon that
Is practical measure.
Mr. POWELL said tile President had no
right to make these arrest, or to suspend the
writ Of h,t6tas rorpaS, and doing so was usur-
'ation. He contended the people had decid-
ID that these arrests should cease. Thu
recent elections showed this.
Mr. WILSON claimed that no such question
vas settled By the eleetious. The only thing
hing settled was the Republican PARTY could
not raise men enough to send to the field to
whip southern traitors, and still have men
:nough at home to vote down Northern Dem
rats. that's; all that was settled.
The discussion continued at length. pend
ng the question.
The Senate adjourned
Mr. CONWAY said he did not regard the
as now presented, as having re-
.eiyed the assent required by the Constitu-
ion, Virginia was not a lawful State. lie be-
ievcd it was the intention Of the President to
'ncourage State organizations in Ill the seced-
d States, but placing the assumption Of the
state in the hands Of Il few individuals ap-
pointed by the President. was fragrant and m
Constitutional Thu scheme was revnlutfon.
~ aud ought to be exposed tu The reproha-
ion Of every loyal citizen. It would be an ut
er peryersion Of our system It would in ef-
cct, concentrate all the power Of the Govern.
nent into the hands Of the Executive
Mr- BROWN. Of Virginia. replied, arguing
he erection Of the State Of Western Vireini5
vas perfectly legal and Constitutional. That
,,ortion Of the Constitution in regard to
he addition Of erection Of new States had
'een complied with, and in this connection he
luoted as similar the preamble and act admit
ing Kentucky, which was formed from part
# Virginia. Precedents he insisted SUPPORT
d the new state organization.
AIR MALLORY, said understand that more
han half the counties of Virginia were not
ar BLAIR, Of va, asked were not all the
ounties invited.
Mr.. BROWN-Al1 were expressly invited.
Mr. Although they were unit
d, were not some ofthem 50 completely with
n the control of foreign government, ths' +
hey could not send Representatives to tt "a
blr. BROWN can't say whether the p eo-
lie were under intimidation OF not Its M
icient to say that they were invited to ce mo
f they staid away it was their fault not .onrs
f they were disloyal they could have no voice
n the Legislature Of Virginia:
Before Brown concluded the mornin = hour
pecia1 order, authorizing assessors and coi.
ectors and their assistants, under thf. tax Law
o administer oaths, &c.
The Bill passed.
Mr.. BROWN Of Va, resumed his reme ,r1-z
II advocacy Of the bill for the almIssil -, ~ af
he State Of western Virginia. He dated "a
;arious considerations why the State :hnn5d
,e admitted as a matter Of expedienc- A2T,o Tha
people Of that section had been st rnooi;,,ts iue
or forty years for separate existen &c. TheE
,ow had sixteen regiments in the feid y
obtained by Volunteering, not by f4raff Ae'o'
Iii. COLFAX Of Ind, reuarke d s thsf ,+ tho
asst session he had great doubts as to 1s a. a s.1e
priety Of passing this bill, bu.t on eTar,Sno KY
lion, his mind vas made up tihat i ou@ht tiEl r.
be passed. "5nl ~
M! MI la cRITTENREN Ea p En- appreciated the patri
Einia, and the the desire which they expressed to
become me nrere9 1ree pe99rhs hs snt matter be
cPles Of constitutional lay5 Con:ress ass eonIi1 p
rot admit 4ew e. State out Of the ancient tern.
wealth; and This had x1ot been siyen. ZEN % f Mstates
should b. made in the method proposed -