The New York herald., 1862-12-10
PROCEEDINGs OF CONGRESS.
TaIRTY-sEvMuTH OONGREss.
onookp sEssIoN.
Senate.

oaii for Information in relation 70 tho sale Of c0ored
frecmcn captured by the rebels, &C.
The reply OF Secretary Stanton states that no nor
NATION the subject is in possession OF the war
Department"
Mr. sasasAy. trcp Of Ohio. presented petition in
favor Of general bankrupt act
rHw NAVAL xpvuoRy BOARD.
M. DAVIS, (unicn) q KY, presented two petitions
protesting inst the action Of the Advisory Board Of
the Navy.
rRxxcu vKssxL JrLks 1T MiME.
Mr. sunxvk, from the Committee on Foreign Relations,
repnrted bill for the relief OF the owners Of the French
vessel Jules et Marie.
rux BoSps oy rHE rualIc rRNrEa
Mr. ANTHONY. (rcp) d r. l., from the Committee on
Printing reported bill the bonds OF the Su
pernteudent Of Printing
An LIr'os or IIs : GRADE or Q. %% MEDICAL ess,crss N
tbs grade medical ocsrs in the service Of the United
NJ Hnr said that nothing was worse managed than
this called medical service" He believed that one Of
the sold OF his State had been literally murdered
by medical officers He understood tina. many OF these
medical officers cod not speak word Of English but
put on shoulder straps and went about exercising mili
tary authority" instead c medical skill, He (lr. Haie)
d Lcut Col Dwight aftcr the battle OF Antetam, who,
When diving SAID 70 medical officer, "My wounds are
The bin was referred 70 tho Military Comnittee
ARRRars IN DELAWARE.
The resolution offered by Mr. Salisbury relative 70 the
arbitrary arrests Of citizens OF Delaware taken
up.
Ar Haze said the Senator from delaware (Mr. Bayard)
referred to aroper division of power being
the ho Of free government" and he (Mr HALEY was
nos willing 10 the senate undertake interfere with
other dciartmcnts any citizel OF pelaware had been
aggrievcd the courts st open and he (Air Ha!e)
believed that hs writ OF habeas corpus yet
occurred IN bis tA Halls 81 own State where person
vas arr ested aud the United States Marshal refused
deliver the man on writ Of habe rs corpusS
Mr. HALE said he did not SO understand IT, He acknow
ledfei that this was embarrassing question: but
Thought it would be pcmature Tor the Senate inter-
n nnv IN Ina In v,cnlt tnw, !af,a
Mr. BArAsp, (opp.) Of lel said there was no such
division OF the government power. The Judiciary was
power The President has asserted tie right suspend
the writ Of habeas corpus and he thought proper for
tho Senate I, inquire into the matter.
Mr. CLARE. iiep OF N. H. said in the case referred to
an New Hampshire DIR. Bachelor had put himself at Tie
head Of band Of men, and marching by the flag Of his
country shot az 1t. and afterwards tore it down and
said that the government OF Jef. Davis was a
better COVE nment 70 live under. And after tht
when there was meeting TO raise volunteers he went
she meeting and oppressed IT, and said two thirds of the
volunteers would be killed aud SO ie and the Town
wottt Go nothing for their families. This man was ar
rested and confined and writ OF habeas corpus
was issued. and the Marshal, taking advice from
deliver him up. He (Mr Clark went to til, Chief Justice
OF the State and detailed tn aggravated condcct OF this
mln, aud The Eiee Justice dismissed tho case
Mr.. WI (repJ Mass. said doubtless every body
reg'e the Lece siy Of making these arrests in this
country The 7 e.ident regretted il rs much any.
body. Hc did not ihiik any loyal m could charge
the President with antonly violating .hs rights OF
citizens Fer lolr me the leading traitors sat here
thet were EecesSy a he first arrest FOR selling
gpn CAPS 70 the ens He, FOR one thanked the resi
dent Tor nIkis tues arrests II was pow crlGl
of preserving the gcvri e and he hoped the President
and his advisers wuula shrink from arrssting any
man who shows probab Of being In league with
the rebels. There a rebellion where much
cons Iteration had been hown and so much humanity
wicked traitors.
Mr. sAufsrURY dn' rot doubt that there were arrests
made hich ust iiab,e hut these men were citi
IONS Of Delaware VIII vaty had been question
cd aud they arrested by persons from Maryland
All they asked was, b Whit authority these from
Maryaai dragged Peaceful citizens from the loyal
Of Deawaref
The motion to lay the table was disagreed TO By
vote OF 3 yeas to 40 rays.
Mr. FIELD, (rcrl 0; y. - said he should vote against
the resolution lie was OF the npnicn that the President
had tho right to suspend the OF habeas corpus The
eramors OF the conslaira evidently provided hat the
habeas corpus might be suspended in Of nsurrec.
ton and invasion AID hs thought clearly excc
tive act lie nr the opinion that IL any complain; was
iencnt TO traitors He knew nothing about these
o. Delaware and was glad il there none b.t loyal
Mr. RAYlRp continued at length, saying the power
90 suspend the writ OF habeas corpus not
had no right TO inquire, then tho President might mpr
son men, or torture them do he pleased with them
:. ns d., sI.snns 1 sseg Of OHIO favored the abortion Of
faith. He beloved that the right suspend the writ cf
aaeeas corpus was purely legisa,i power, and i;
could only be done BY Congress- Bu, since the legislation
or the last Congress The President has had the power
given to~hin. He thought many 81 these were
great mstakes and every arrest ought be reported
Congress and the for it. II this power Was
un!imssei the government would become oppressive.
all guards checks necessary 10 preserve the
rights Of citizens and ths character OF the government
TIE people have been at the manner Of these
ests and discharges and was due 10 the country and
justice that no man should be arrested for gh:
and tnen the and charges should Be propery
painet and set FORTH thai tboy may be known and Con
Sess had perfect right TO call for all Information that
they may before the people and be able TO explain and
Mr. TsunEuLL frrp.) Of Ill said AZ he could DO, see
sny practicable ned, 70 be obtained in passing the:e
tSouxst thes, arrests have s' been unorsanate
and impolitic Judges and courts and CON-
nenta,ors have held that the power, Of sus-
pending the writ Of habeas corpus legislative
SUwcr II s not from any sympathy with trstors tnat
thero s great feeling on this subject but because i
arbitrary power And he would say 70 his friend from
Massachusetts (Mr Wilson, who gioried these arrests
si now here from the House relative to This very sub
,sct and he in favor Of acting upon that as prsc,
r. PowEn (opp) OF KY, said the President had 10
right 70 make these arrests to suspend the writ o.
habcas corpus, and doing so was usnrpa,ion
Senator II he the head OF the government and
was satisfied in his m nd that individual, in
ss ss NY .Ssssdasy iS% rTS nGiea s s'1s
ssvwnment, ana would strengthen tls arm rebellion,
and there other way prevtb nj T. would he not
arrest that indiv idua without law and hold hin by the
stropg handy
Mr.. PowrIL-n the individual acting as Spy be
would be nfrac,ing the OF slould b1vc him
arrested and punished by those laws. But II he was
private citizen and had iutracted the laws. would arrest
him and hand him 70 the civil authorities, and "
there was no law for The oeLce !. honest man,
would let him go, for snoald have sworn faith
fully 10 execute the laas.
Mr.. FxssxpES repeated the question.
Mr. powEli--n was Presidept-which Is not sup
possble case would do nothing TO violate the sobs,ita
tion and Law OF the country. II thought that party
wsa about TO do anything wrong would have him
placed under bonds for good behavior and there was
no law / should have q watch placed upon him TO pre-
vent his doing harm and at the session Il Congress
/ would try 20 have the proper Law passed.
Mr. FExExpES--The senator forsets ono clause of MY
question that was, there other way 10 pre-
vent t
Mr. PovuI--That is not suppcsable case.
Mr. CosIAAER, (rsp.) Of vt.-when the constitution
provides that abe wrS Of habeas corpus may be sns
pended does u not Of necessity imply that may be
arrested uniawfuyf
Mr.. Powsll--The suspension only deprves him Of the
great remedial right o. taxing him out.
Mr.. .CoLtANER-You never try party for guilt or inno
h.ha