The New York herald., 1862-12-11

ninth street, and found what some might think
pretty fair" ice. But as the sun gained power
80 did the ice lose its good quality, and we shall
have to wait until get another stiff frost before
we can again expect any really good skating.
The stock market was higher yesterday without much
activity The shares Of the leading railroads favor
ably affected By the New York Central dividend and Ad
vanced Y a per cent all round. Goverpmouis were
unchanged Gold austuated between Isax Y, closing
1927. Exchange closed at 1aSk q I4s. Money Was
worth per cent on call
The cotton market exhibited activity and nrmness
middlings yesterday closing at 67c 81 c. There
less animation W -four and wheat which quoted sout
the same in price, while and oats wero very freely
purchased at an advance Of hc Ic per bushel There
was moderately active business reported pork beef
butter and lard the latter article closing tribe higher
The movements in groceries, fish oils and naval stores
were unimportant. The demand for taiow, hay
hops hides and WOOL and moderate fruit tobacco and
whskcy which latter closed heavily There were very
limited freight engagements reported.
The Arbitrary Arrests and Patriotic Re-
Publtcans In Congress.
II is gratifying to nnd an oasis In the
republican desert. In the debates Of Tues
day 10 the Senate, on tho suspension
Of the habeas corpus and the arbitrary ar
rests, Mr. Sherman, republican. Of Ohio, and
Mr.. Tfumbull, republican, Of Illinois, uttered
some wholesome truths in radical ears. The
former, who is = sturdy and courageous and
at the same time an enlightened man, said:-
He believed that the right to suspend the
writ OF habeas corpus was purely legislative
power, and it could only be done by Congress.
He thought many of these arrests were great
| uiatakas and avoru srraot ouoht "A he rannrt-
! ed to Congress and the reason for Is If this
power was unlimited the government would
become oppressive. Congress should throw
around this suspension of thu writ all the
guards and checks necessary to preserve the
rights OF citizens and the character Of the gov
ernment The people have been exaspersted
at the manner of these arrests and discharges,
and it was due to the country and justice that
no man should be arrested for light cause, and
then the causes and charges should be properly
explained and set forth, that they may be
known; and Congress had perfect right to
| call for all information
This is worthy of the representative in the
Senate of the first great State of the West. Mr..
Trumbull, the Senatorial representative Of the
second State Of the West, said:-"He thought
these arrests have been unfortunate aud impoli-
tic. Judges and courts and commentators have
held that the power Of suspending the writ Of
habeas corpus was a legislative power. It is
not from any sympathy with traitors that there
is great feeling on this subject, but because it
is feared that this is an exercise Of an unneces-
sary and arbitrary power. And he would say
to his friend from Massachusetts, (Mr. WILSON,,
who gloried in these arrests that there was
very great danger in them" Here is patriot
ism, craftsmanship, conservatism and common
sense, in opposition to the fanatics and radicals
OF the stripe Of Sumner, Wilson and Wade.
There is nothing clearer insthe constitution
than that only Congress can suspend the
writ of habeas corpus; for the exception is IN
the list Of the prohibitions and restrictions i'm,
posed upon the legislative body, and nowhere
is any authority given to the President, much
less to members Of his Cabinet, to suspend
this great privilege OF the citizen. The secre-
tary of War is, therefore, responsible for all the
arrests made by his order in the loyal States
without cause, and without aaording judicial
hearing to the parties so arrested. And il the
Attorney General has advised such arrests he
too, is responsible and no bill OF indemnity can
save them. 1t is idle for Mr.. Stevens 10 refer
10 English prccedents. in the British form of
government the Parlsmes' is cot controlled by
written constitution which declares that no
erpost .tocto bills shall become law. In our
form of government the case is entirely dihe-
rent. The constitution stands supreme above
any act Of Congress. Congress itself has no
right TO suspend the writ Of hsbcas corpus. even
in times Of rebellion or invasion. unless the
public safety may require it." There have been
two or three rcbellionS in The country and one
invasion, and yet no suspension has ever taken
place till now. even in the rcbelluus districts.
An attempt to suspend il was made during the
administration of Mr. Jefferson. on the occasion
Of Aaron Burr'> conspiracy: brt il failed in the
House of Representatives. by large majority.
At that Time nobody dreamed thst /! was in she
power Of The President, still less OF the Secrc
tary of War, TO suspend tie writ IN England
its violation by Charles !! co.i him his head,
and ever sncc'it has never been suspended cx-
cept by the authority Of Parliament aud then
only in the insurrectionsry districts.
Mr.. sherman truly observes thar the American
people have been exasperated 10 ,b" manner
Of these arrests and discharges. md NJ. Trin
bull with equal truth. remarks that III is not
from any sympathy with traitors thai here is
great feeling OBJ the subject bur bec;usc il j.
an exercise Of an unnecessary aud srbitraiy
power" II republicans may 10 these things
when lhey are in power what is 10 prevent
democrats in power hereafter serving them with
their own .aucet The precedent j. dangerous
10 liberty. and the moral effect has been bad:
for il gave the impression 80 the world that the
people Of he Northern States were tainted with
dsloyaliy and could not he trusted. and that
freedom Of speech aud Of The press guaranteed
II