Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1862-12-10

Mr.. CCLLAMER. When the Constitution
provides that the writ Of habeds corpus may be
suspended, does IL not necessarily imply that
man may be arrested un'awfuliyf
Mr.. POWELL. Tho suspension only denies
him the great remedial right Of taking him out.
Mr.. COLLAMER. You never try party for
guilt or innocence, on question OF hdbeds cor
pus. NL ~ Ia. N.Hs,
Nr. POWELL. We know that 1t does not;
It provides judge to inquire into the causes Of
arrest But does the suspension Of this writ
ever authorize the President to make arrests
and imprison any man3
Mr.. COLLAMER. The only question the
court can entertain is, whether the process by
which the man was imprisoned was legal one.
II this writ Is suspended, pursuant TO the Con-
stitution, II implies that man may be imprls-
oned unlawfully.
Mr.. POWELL replied, and contended that
the people had decided that thesc arrests should
cease, and the recent elections showed this.
Mr.. WILSON, of Mass, claimed that no
such question was settled by the elections. The
only thing settled was, that the Republican
party could not raise men enough to send to
,ne nela 20 mn,p Soa.nn h rn,o go am No.,h
nr,' nan,a acrats, that was oii ,bat waa ss,tied
ya nc IosSa re.,,a sn,s "a ooo men voted Sor the
an .ne tUNs anS oao on.,ns, 4, ana ohon,
,ba sa ,ne ,rnnnr,inn In Wiscons,n reaiments
no ny Sa *, sonr ar,hs os ,ha =, an ,rho ar.
n 80 x-nt
,n',as.ss ~ ~ pres,S.,, ne ,raa CO.. oxart,ne
y, ar,i ag,,, ,o n,, dn.r ,ha rshe,,ior and to
ornsS on, ,rsi,ars ayervwbere
NJ SpsntITU shny,a Yo,. for ,h. rssol,-
IT,, hn, s,ii ha ,here ware eases ,,bere
,hn.,, $3.50 o,,ah, 80 ha mad. ue ,vo,,d AZ
ans,binn ana eyer,tb,ng 10 ,,ni down traitors
arsr,,xbsra He reia,aS y casc where a man
oe,,jno ieaye Of absence from tho rehai army
sso,uai7, caro. 20 Washino,a,, and .o, sron, ~
treasnry money for 4 claim which he bad nnon
NJ y, .'. n Sas... ~, ',,ia,i,a. ''' "p'"
NJ nSSi TTri r nnn,andaJ ,ha, ,,,o.. ,.os
no a,,,rass,an -, 10 nar, nS tha Go,srnr,a,,,
nborn a ,,an r,as arrasted nnon snsn,c,nn and
ha ,,a. ot,arad M i;her,v ~ be ,vonid ,aro ,he
n.. N aI,a,s,anao 7, ,a,ia =, ~ a.n.as.i,',,
=" a Io,ai ,ear ~ ,oIa sncb an oa,h We ara
IN s,s,a 81 ,rar ~ ami ,ha prosidont mus, ,she
ansrgetic measnres 70 nressrye tbis coyernO
IA ,ha ,sa,r,o - da,ars,,,n5 T.. s.,,,.
ns ,rso a W ~ sp,,,' ~. ,he Nnr,H IA Spto T.,
sn,,o Of al, in,ervention Srom anv ona,,,er ,ba
sbis Snra,,,rn.n, sha,i i,ra anS ~ d,a '"''
"ip panS,nn ,ha nras,,nn ,ho sana,o ad,c,r,.a
mans .n' xn.s,s.., w p,.,.
HOUSE VI kEfhEsENlAllNEs.
The Senate bill, for the admission Of West
ern Virginia, as State, into the Union, was
called up. -..
Mr.. CONWAY, of Kansas, addressed the
House In opposition to the bill. He had no OBJ
lection to the recognition Of Western Virginia
u Dtdtt, anu lts duluioslOu, US sucu, lntO tuc
Union, on the ground OF the character of the
people. of that section, for he believed them to
be loyal and opposed to slavery, guarantee
that II would make peaceful and prosperous
State. Had the application come before the
House in proper and constitutional manner,
he would have readily supported the bill. But
he believed that a territorial government should
have been first organized there when the re-
bellion broke OUT and, had this been done,
then, by an enabling act, Western Virginia
would have been admitted without objection.
The bill was not so much for the admission Of
a new State as 1t was for the division Of an old
one. Notwithstanding this, he would have no
objection to that II the measure had been prop
erly presented, but 1t was against the Gonstitu-
tion Of the United States to vote for the bill,
coming before the House as 1t did. While he
was willing, at all times, to Justify construc-
ton Of the Constitution tending to beneficial
ends, he could not violate fundamental and
constitutional principle. He did not regard
this assent, for the erection of q new State, as
having received the sanction which the Constl-
! tuition required. II was not a lawful State. He
believed 1t was the intention Of the President
to encourage State organizations, such as this,
in all the seeded States, thus increasing not
only the representation In Congress, but In the
electoral college.
The hagrant unconstitutionality of this
scheme-being revolutionary in Its character
ought 10 EXPOSE IL 10 tue reprooation oi every
loyal citizen. II proposed an utter perversion
of our political system. The effect would be ia
concentrate all power In the hands of the Ex'
ecutive.
The seeded States were out of the Union
They are placed In the condition of foreign
Power; and their soil, when taken by our arms
should be regarded as common territory.
Mr.. BROWN, of Virginia, In replying to thu
gentleman from Kansas, who had just taker
his seat, argued that the proceedings were per
fectly lawful and constitutional, and that thu
Wheeling government is the government o
Virginia. He examined the constitutional pro
vision, in order to show that the proper form
have been observed. He quoted the preamble
TO the act for the admission of Kentucky int
the Union, in support of his argument, which
State was part of Virginia. The Preslden
had recognized this new State. He denied tina
any State was out Of the Union.
The President was right In the position h,
had taken in his efforts to restore the Union
and to bring back the States to their allegiance
Mr.. MALLORY wished to know whether as
sent was given TO the formation Of the new
State, other than by those who are to be affect
cd by the provisions of the Constitution of tn,
State Of Western Virginia. Were there othe
counties represented2
Mr.. BROWN replied there were-Fairfax anl
Alexandria counties.
Mr.. MALLORY understood that more thar
half the counties Of the State were not repre-
sented In that legislature.