Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-12-10
acknowledged this was an embarrassing ques-

Mr.. Biyard said there was no such division oil
Government power; the Judiciary was always
the weakest. The President has asserted the
right to suspend the writ of habeas corpus, and
he thought 1t proper for the Senate to inquire
into the matter.
Mr.. Wilson of Massachusetts said; Doubtless
everybody regretted the necessity of making
these arrests in this country President re-
gretted it as much as anybody. He did not
think any loyal man could charge the President
with wantonly violating the right of citizens
For long time the leading traitors sat here,
but no arrests were made. When they were
commenced they were necessary, and the first
arrest was for selling gun caps to the enemy.
lie for one, thanked the President for making
these arrests. 1t was q powerful means Of pre-
serving the Government, and he hoped the
President and his advisors would net shrink
from arrestng any man who shows probable
cause OF being in league with the rebels.
There was never q rebellion where 80 much
consideration had been shown and 30 much hu-
manity for traitors.
Mr.. Salisbury did not doubt there were ar.
rests made which were justifable, but these
men were citizens of Delaware, whose loyalty
had never been questioned.
The motion TO lay on the table was disagreed
to by a vote Of three yeas and forty nays.
|
resolution. He was of opinion that the Presi-
dent had the right to suspend the writ of
habeas corpus. The trainers of the Constitu-
ton evidently provided that the habeas corpus
might be suspended in time of insurr ection and
invasion, and he thought is was clearly an
Executive act. He was of opinion that If any
complaint was to be made, 1t was that the
Government had been too lenient to traitors.
Me-. Bayard continued at some length, saying
the power to suspend the writ of habeas corpus
was not an executive act. If this was admit
ted, aud the leeitlative power had no right to
| inquire, then the President might imprison men,
or torture them, or do as he pleased with them.
Mr.. Sherman favored the adoption of these
resolutions Of inquiry, which were offered in
good faith. He believed the right to suspend the
writ of habeas corpus was purely legislative
power, and it could only be done by Congress;
but since the legislation of the last Congress,
the President had the power given to him.
He thought many of these arrests were great
mistakes, and every arrest ought to be reported
to Congress and the reasons for IL. II this pow
er was unlimited, the Government would be-
come oppressive. The people have been exar.
perated at the manner of these arrests and
discharges, and 1t was due ID the country and
justice that no man should be arrested for light
causes, and that the cause and charges should
be properly explained; and Congress had per.
feet right to call for all information, that they
may go before the people and be able to ex-
plain and defend these arrests.
Mr.. Trumbull said, as he could not eco any
particular benefit to be attained in passing these
resolutions, he was inclined to vote against
them He thought those arrests had been un-
fortunate and impoltic Judges and courts
and Commentators have held that the power
l.f A. Ill IF knk
| legislative power, IL 10 not from any sympathy
with traitors that there is great feeling upon
the subject but because il is feared this is an
exercise of an unnecessary and arbitrary pow
| er; and be would say to his friend Wilson, who
glored in these arrests. that there was very
great danger in them. There was bill now
here from the House relative TO this very sub
ject, and he was in favor of acting upon that
as a practical measure.
Mr.. Powell said the President had no right to
make.the arrests, or to suspend the writ OF
habeAs corpus, and doing so was usurpation. He
contended that the people had decided that
these arrests should cease. The recent cleo
tiobs showed this
Mr. Atkinson claimed that no such question
was sc tied by the elections. The only thing
settled was that the Republican party could not
raise men enough to send to the field to whip
Southern traitors, and still have men enough
at home to vote down Northern Democrats -
That's all that was settled.
TIE discussion continued at length. Pend.
ing the question the Senate adj j)urned.
HOUSE The House considered Senate bill
for the admission OF the etlte of Western
Virginia into the Union.
Mr.. Conway said he did not regard the propo-
sition as now presented as having received the
assent required by the Constitution. West
Virginia was not lawful State. He believed
il was the intention of the President to encour-
age State organizations In all the seeded S ates,
but placing the assumption of the State In the
hands of few Individuals appointed by the
President, was fagrant and unconstitutional.
The scheme was revolutionary, and ought to be
exposed to the reprobation Of every lOys citi-
zen. 1t would be an ntter perversion Of our
system. 1t would in effect concentrate all the
power Of the Government iu the hands of the
Executive.
Mr.. Brown Of Virginia, replied, arguing the
erection of the State OF West Virginia was per-
fectly lawful and constitutional. The provision
of the Constitution in regard to the admission
or erection of new States had been complied
with, and in this connection he quoted ss simi-
lar the preamble and act admitting Kentucky,
which was formed from part of Virginia. Pre-
cedents, he insisted, supported the new State
organic ition.
Mr.. Mallory said: understand that more
than half the counties of Virginia were not
represented in the Wheeling Legislature.
Mr.. Blair of Virginia asked, Were not all
the counties invted2
MIR. Brown-All were expressly invited.
Mr.. Mallory-Although they were invited,
were not some of them 30 completely within
the control Of foreign governments that they
could not send representatives to the Legisla-
tures
Mr.. Bfown--I can't say whether the people
we're under Intimidation or not. 1t is sufficient
t, say that they were invited to come. II they
aid away it was their fault, not ours. II they
were disloyal, they could have no voice in the
Legislature of Virginia.
Before Mr.. Brown concluded, the morning
hour expired, when the House took up the
special order, authorizing assessors and collect
ors aud their assistants under the tax law to ad-
minister oaths, etc.
The bill passed.
Mr.. Brown resumed his remarks in advocacy
of the bill for the admission of the State of
West Virginia. He stated various consdera-
tions why the State should be admitted as a
matter of expediency. The people of that
section had been struggling for forty years for
q separate existence. They now had sixteen
regiments In the field, obtained by volunteer
ing, not by draft.
| Mr.. Colfax remarked that at the last session
Ing this bill On examination his mind was
made up that it ought to pass.
Mr.. Crittenden appreciated the patriotism
aIo,o of kha of MI ood