Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1862-12-10
rHInry-sEvrsrH ooSeRnss,
Third Session.
TUESDAY, December 9.
SENATE. 30

~ SENATE. go
The Chair laid before the Senats communal
cation from the Secretary OF War, In anDwer TO
resolution calling for Information relative TO
the sale OF colored freemen captured BY rebels,
&C.; that no information on the subject was In
the possession of the Department.
Mr.. SHERMAN presented petition in favor
Of general bankrupt act.
Mr.. DAVIS presented two petitions protest.
ing against the action Of the advisory board OF
Mr.. SUMNER, from the Committee on For.
egn Relations, reported bill for the relief Of
the owners OF the French vessel Jules ct Marie.
Mr.. ANTHONY, from the Committee on
Printing, 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.
Upon this bin Mr.. Hale made some remarks.
The bill was referred TO the Military Commit
tee.
The resolution offered by Mr.. salisbury, rel
alive to the arrest of citizens Of Delaware, was
then taken up.
Mr.. HALE said, the Senator from Delaware
Mr.. Bayardl yesterday referred to the proper
division of the powers Of Government as being
the hope OF free government, and he Mr.. Halel
was not willing TO see the Senate thus un-
dertake to interfere with other departments. II
any citizen Of Delaware had been aggrieyed,
the courts were still open, and he believed the
writ of habeas corpus was not dead yet.
Mr.. SALISBURY asked II a case had not
occurred in his [Mr. Hale'sl own State where
a persop was arrested, and the marshal refused
to deliver the man on a writ Of habeas corpus.
Mr.. HALE said he did not so understand 1t.
He acknowledged this was an embarrassing
question, but he thought II would be premature
for the Senate to interfere. He moved to lay
the resolution on the table.
Mr.. BAYARD said, In such division of Gov.
ernment powers the judiciary was always the
weakest; il has no military or political power.
The President has asserted the right to suspend
the writ of babeas corpus, and he thought Il
proper for the Senate TO INQUIRE into the mat
ter.
Mr.. CLARK said, in the case referred to, in
New Hampshire. Dr. Bachelor had put him
self at the head Of band of men, and march
ing by the flag of the country, shot at it, and
afterwards tore II down, and said that the Gov
ernment of Jeff. Davis was a better Govern
ment TO live under, and after that, when there
was a meeting to raise volunteers, he went to
the meeting and opposed It, and said two-thirds
of the volunteers would be killed and 20 to
hell, and the town would do nothing for their
families. This man was arrested and confined,
and a writ of habeds corpus was issued, and the
marshal. taking advice from the Secretary of
War and the nudge advocate. refused to deliver
him up, He (Nr, Clark went to the chief JUS
tice of the State and detailed the sggrava ed
conduct of tbis man. and the chief Justice dis
missed the case.
Mr.. WILSON. of Massachusetts,, said that
| doubtless everybody regretted the necessity of
making these arrests In this country; and the
President regretted IL as much as ANYBODY. He
did not think that any loyal man could charge
the President with wantonly violating the
rights of any citizen. For long time the lead
ing traitors sat here, but no arrests were made
but when tbe war commenced il was necessary,
and the first arrest was for selling gun caps to
| the enemy. He. for one. thanked the President
| for making these arrests; II was a part Of the
means of preserving the Government; and he
hoped the President and his advisers would
| not shrink from arresting any man who shows
o nrobable % cause of being In league with rebels.
There was never a rebellion where so much
consideration and tenderness had been shown
and 40 much humanity for wicked traitors.
Mr.. SALISBURY did not doubt that arrests
were made which were iustifabe; but these
men were citizens of Delaware, whose loyalty
| has never been questioned, and they were ar
rested nv nersons from MARYLAND, All they
asked was, by what authority these men from
MARYLAND dragged peaceful citizens from the
| loyai state of Delaware,
The motion to Law on the table was disagreed
to-yeas 3. nays 40.
Mr. FIELD said he should vote against the
resolution. He was of the opinion that the
| President had the right TO suspend the witt OF
babeas corpus. The trainers of the Constitu-
tion evidently provided that the habeas corpus
might be suspended In times of insurrection
and Invasion, and he thought il was clearly an
executive act. He was of the opinion that II
auy complaint was to be made, the Government
had been too lepient to traitors. He knew no9
thing about these citizens of Delaware, and was
glad n there were none but loyal men in that
State,
Mr.. BAYARD contended, at some length,
that the power to suspend the writ of habeas
corpus is not an executive act. If this was ad.
mitted. and the legislative power has no right
to INQUIRE, then the President might imprieon
men. or torture them, or do as he pleased With
them.
Mr.. SHERMAN was in favor of adopting al
these resolutions of INQUIRY which are offered
In good faith. He believed that this right to
suspend the writ Of habeas corpus was purely
a Legislative power, and II could only be done
by Congress; but since the legislation of the
last session, the President has the power given
to him,
He thought many of these arrests were great
mistakes, Every arrest ought to be reported tO
CONGRESS- and the reasons for IL and II this
power is to be unlimited the Government will
become oppressive. Congress should throw
around this suspension Of this writ all the
puards and checks necessary to preserve the
Fights of citizens and the character of the Gov.
ernment. The people have been exasperated
., ~ ,,,o,nar ~ ,basa orraat. and diaoh.roas