New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-12-23

Dental acts which are excusabe and no, ustifat'e
He justified Iii the fullest sense of the term, the
arrest OF political prisoners, which had beel
releried to DUNG tae debate, aud also
the suspension of the privilege Of tie
wit Of habeGs corpus by the President and argued
10 SHOW that such suspension, under tho Consti,u-
tnloD, can be ordered only by the President. This,
o inferred, from the nature of the power to be ex-
eFcsed from ire oath Of Office Of tie President and
from bis constitutional obligation TO ses that tie
Jaws be faithfully executed" aud tia, tie &c; Of
Suspension. is an Executive, and not legislative
ac.. lie then proceeded 10 show, from Elloifs
Debates in the Federal Convo ntIoD that the first
| propositions upon the subject under discussion
submitted in the Convention, gave this power TO
the Legislature, lat that these proportions failed,
and the clause insertCd rs il now standsnOt saying
in eXpIees terms what department Of the movement
should be clothed with this high power. He alIuded
90 TIE practice Of TIE British par smen in gard to
tire wit of ha6eas corpus; justified the arrest Of
political prisoners on account OF the prCsent alarm
Ing an! disastrous state Of our National aiiais and
rsLowed that the President, as CommGnder-in-Cliet
! Of the Army and Navy and charged with the duty
Of putting down the Rebellion, could use the mill.
try or laval force Of the country, either in the de-
sigGctCn Of rebels upon the battlefield, in their
aleet 1T home, il they were giving aid and comfort
TO the enemy. lie next referred to tae arrests
IN Delaware, Maryland and Kentucky, tud eX-
pressed his confident cohvictlon that, on examina-
uoA, il would lie found tina. the President Lad
abundant cause for the arrests End that such ar
res 8 were made only on affidavit showing probable
cAuse for believing the pa,tics guilty. He read ex-
tracts from the proceedings OF the Delaware Leg.s-
ataTe, proving that large portion OF that body, II
not IN sympathy with tra ors, had at least no dis
position 10 take sides with The National Govern
Iaent il It's present struggle for existence. lie
~ oke, also, in answer To Senators Powell and DAVIS
Of Kentucky, i'll regard to the late elections Ia
luol ma and the other Western and Norh.Wesiern
5 .tes; showed that the maiu causes Of the defeat
of he Union on Administration panty were-iirst:
enormous and outrageous frauds upon the ballot
box; and, secondly: TIE far greater num-
beTs Of soldiers in the volunteer forces, who
would have voted, ii at home, with the
Union party lie spoke at length IL
Justification Of what nator Davis called the radical
Legislation Of Congress, aud the radical action Of the
President; denounced ali talk about further gusran-
tees Cancellation, COMPROMISE etc; and showed
that the only way 10 an honorable and permanent
peace lay tErOu bloody and successful war; aud he
had no doubt OF u lnii cni cOmp triumph OF our
lrms. All that Ia necessary 10 this end is 70 stand
1y the country In this hUur Of trial and strengthen
tie hands Of the Adn.ini.tratio lie denounced
most Vehemeutly al plans for 9 reconstruction 81
the Uaion, leaving certain States out OF 1t. lie
would never consent % eco,nltion Of tie South
EN- COME !eracy, o. to any peace which would
change in the sigheet degIee, the geography OF the
Republic
Sir. SALISBURY said that the Senator from
in1iana had omitted the most Important parl OF the
record in regard 70 the State OF Delay are Ihs
,ori was fall, md showed that Delaware had I'll.
ways he II true ard loyal to the Uned S.ates, and
the only disoysiiy hat could he shown was treat
Ing with colItesy a. envoy from sovereign state.
Ne read tie resolution passed 10y tie Legislature,
utterly Disappearing OF the objects OF the gentle
lsI. miss on. lie coutended at some length, that
Delaware was anxious for peace, and lie believed
that II her counses had been followed, there wOnld
Laws boen to-day peace In the leud instead o; wa.
/ liz. LANE Ind said bis argumen, was simply to
q ow tlat the President had reason 10 suspect thai
there were traitors in Delaware.
/ NJ. BAYAbD pro-Slay., Deb sail at ia lropor
time he would reply 10 the wan,on assault Of ihe
senator from Indiana on the Lee slatuIe Q. De.H-
ware TIE AttecA was utterly groundless and wan
Itcl.
/ ca notion Of Mr.. FIELD l;ep., y. j.. the bil
was postponed.
/ TIC Senate then went into Executive Session, and
subsequently, aojourned.