The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-01-08
k Poassr Of the President to suspend the privilege
aAf sssrqTs7 of Habeas Corpus sag g '-e
: =. -1@a1 ,,s1 SIP Il II Q Fl
HON GEORGE III. PENDLETON,
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HON. GEORGE III. PENDL ETON,
znsssdu 1rss7q Of Ohio. viie GO
~ THE HOUSE OF REPRESENTATIVES, DEcEM-
BER 10, 1861. ts
% The Judiciary Committe reported
p back the memorialof Charles Howard,
e. William Fl. Gatchell, and John w. Da.
Wis, police commissioners of the city Of
Baltimore, and recommended that the
, committee be discharged from its fur
. ther consideration. ~ ,l..rss,, ~ ~
aoflaM Mr.. PENDLEToN. Mr.. Speaker, as
I, member of the Judiciary Committee,
felt myself obliged to examine very
Z carefully theiqucstions which arise on
that memorial. / have formed a very
decided opinion as to all of them, and
:, as to the proper course to be pursued
, by this House in regard to them. 1t
is subject involving the personal lib
critics of the citizen and their consti-
Y tutional guarantees, There is, there
fore, since L disagree entirely to the
q report of the committee, no choice left
to me in the performance of what |
understand to be my duty as a Repre-
sentative and as member of that COM
smittee, but to make every effort in my
- power to induce the House to give what
l think is a proper respose to a respect
full petition. ..s t.l
~ | move to recommit this report to
the Committee on the Judiciary with
instructions to reporta resolution which
l send to the Chair, and of which |
shall ask the attention of the House
for few moments. E,
The resolution was read by the Clerk,
as follows:
.3s Rssolve3, That the Congress alone has the
power, under he Constitution of the United
Sta'es, to suspend the privilege o the writ.:of
habeas corpus; that the exercise Of that power
by any other department Of the Government
is a usurpation, and therefore dangerous to
the liberties Of the people that it is the duty
OF the President to deliver Charles Howard,
William II. Gatchell, and John w. Davis to
the custody of the marshal of the proper
district, il they are charged with any oifense
end that they may be indicted and "enioy the
right OF speedy and public trial. by an i'm
partial jury Of the State and district wherein
The crime is alleged to have been committed.
.ala | Having statedin detail the circum-
stances Of their arrest, July 1, 1861,
by United States troops, under orders
of General Banks, their confinement
in Fort McHenry, that the President
had refused to inform the House of the
grounds of the arrest, and on the same
day had removed them to Fort Lafay-
ettc, that grand jury in the circuit
court for Maryland had been in ses-
sion and found no Indictment, that the
process Of the court had never been
resisted, except by order of the Presi-
dent, Mr.. Pendllton proceeded.1
The Constitution of the United
States provides that
''1'hc right Of the people to be secure in
their persons, houses, papers, and effects a.
galnst unreasonable searches and seizures
shall not be violated; and no warrant shall
issne but uron probable cause, supported b.
O"'b va htli nal VI --L1C'Jc Z, -tULsHIHIeHiS
"No person shall be held TO answer Tor a
capital or otherwise infamous crime unle,s
on presentlnent or Indictment Of a grand
jury NOR be deprived
oil lie, liberty, or property without due pro
cess Of law ''-Arbcle S, amendments.
"ln all criminal prosecutions, the accused
shall enjoy the right to speedy and public
trial by an impartial jury Of The State or dis
trct wherein the crime shall have been com.
mitted whlch district shall have been pre-
viously ascer aimed by law, and 10 be inform
ed OF the nature and cause OF the accusation;
to be confronted with the Witnesses against
hun; to have compulsory process for obtaining
witnesses in his favor, and to have the aSsis
tanceo OF counsel for his defencen- article 6,
"a Amendmenfs s' -a' =" -H3
ss These memorialists have been seized
without 'sa warrant" they are held
without "an indictment" they are de-
priyed Of their "liberty without due
process of law" they are denied "a
speedy trial." they are not informed Of
the "nature and cause of the accusa-
~ tion;" they are not Confronted with
:, the witnesses" against them. They
appeal to Congress to secure to them
the benefit Of these constitutional pro.
!, visions; they ask that astheir5 case may
besinvestigated by Congress or beAre-
mitted to the judicial tribunals to BIZ
legally heard and determined and
nv worthy colleagues on the Judiciary
Committee can find no more appropri-
ate answer to their prayer than it shall
lie unanswered on your table. rai I
! q What do they ask? fOf what do they
complain? They ask that they may
have "a speedy trial. that they may
be acquitted or condemned. They com
plain that they are arbitrarily held by
the military power, and denied an op-
portunity to answer, any charge which
be brought against them3 They
jcdo not ask an acquittal; they do not
sue for pardon; they ask no relaxation
Of the strictness of the law. On the
contrary, they invoke the law; they ask
! the application. Of its rigid rules; they
invite the closest scrutiny. They have
demanded thus much at the hands d
their captor. He has refused it; anf
now they demand the same at the handl
of Congress. The writ Of habeas cor
nus was invented to meet the exigen
eies Of exactly such a case. It com
mands the person who holds the custo
sdy Of another to bring him before th'
Judge, in, order that the cause of hi
detention may be inquired into--tha
he may be remanded to custody, if h
be legally held; that he may be disehar
ged If he is retained without authorit.
Of law Theright toainvoke its aid i
ss.ss@ oflS a ava,.x7 criuinal in tha land