Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1863-01-30
SPEECH or HON. JACOB coLLAMER.



ings o, 10 Preside,tiei Rfyosts.
Mr. cotlAMER asked, and by unanimous consent Oh.
tanned leave to introduce bill g. No 457l to regulate
Judicial proceedings in certain cases therein mentioned
which read twice by is title.
Mr. Co1LAuBR. l move TO refer the bill 70 the coin.
miueo the Judiciary and wish TO occupy short
time in relation the occasion, purposes and object Of
this bill should have been much gratihed " ! could
had little more full House TO hear some suggestions
which shall briefly make but shall proceed At nus
time because the bill 70 In he hands OF The
committee the Judiciary at early period as pos.
sble, and desire at least their attention to my views
Mr. President, much has already been said, and pfnba-
bly, more will be said in relation to the suspension Of the
privilege Of the habeas corpus by the Executive aud tho
acts which been consequent thereon and the proba
bic consequence which may ensue from IL and have
before two bills that subject from the House OF Rep
resena,vesone Of which WAS here at the last session.
providing for the discharge, undtr certain conditions, Of
persons who have been arrested and another, which
has been 10 at this session, providing for indcm
nfyng the President and the executive officers for any
that they may have made under ths suspension Of
the habeas corpus declaring all these proceedings legal
and that no suit shall be maintained upon them.
Now, Mr. President, this is pretty grave occasion,
and an important one and am free to acknowledge
that it is without very considerable difficulties
II has occupied my attention somewhat and have come
in my mind, to certain results which desire pres
n the form Of this bill In the first place, never
could understand why 80 much fault was found with Gen
Jackson when President Of the United States for say
ing that he must execute the Constitution he under
stood it. do not know to this day what the foun-
daton Of the complaint. | do not know how else any
department Of this Government. executive Legislative,
or judicial, execute the Constitution II any man
into effect in the manner 10 which they understand Il,
i should like TO have the secret revealed to We
have to do So and take II all have to do when the
occasion arises.
Now, sir it becomes us to consider wha, is truly the
that the Executive Is coordinate branch Of this
Government with ourselves. We, together with the
House Of Representatives make the legislative depart
mcnt, and are in way superior TO him. Within the
sphere Of our jurisdiction have the same rights the
Executive, and The Executive Is Just muth
clothed with authority and bound in duty when called on,
give construction TO the Constitution in the
ton oft are and his decision just binding
ours know there is fecling-what 1t arises from
cannot saythA somehow other the legislative depart
is superior 10 the other departments Of tho Gov
eminent. | sure, II each is kept within its regu-
lar sphere Of jurisdiction, do not know wherein
and It is not common courtesy for one department
Of this Government TO say 20 another. 1--WE say the
Constitution means so and So and we ato iniablc.
The judiciary, when the question arises before them in
the proper form decide the Constitution in the particular
suit, and that is all there is in their decision.
Now sir, the President Of the United States, in this
great exgency Of public Affairs, in the Of Con
gress called upon, he viewed IT, to give
ton to that provision Of the Constitution which which
declares thai the privilege OF the writ OF habeas corpus
shall be suspended except when, in time Of rebel
lion or INVASION the public safety requires it, The Pres
dent did give construction TO that clause because those
words evidently imply that in such contingency re.
beon or invasion, when the public safety requires II,
the privilege Of the habeAs corpus may be suspended Ii
does not so in direct terms but that is its necessary
Implication. He gave construction 20 that clause He
had the opinion Of the legal counselor Of the President
agreeing with the opinion Of such the ex-At-
torney General Mr. Johnson agreeing with Mr.. Bnney,
that might mention, leading statesmen as ci
villains, and as lawyers in the nation Norman, believe,
will pretend 10 say have not yet heard it sad--hat
he believes the President made mistake in that
struction and DID it Intentionally that say that il
was usurpaiion Of power. He may have made a mis-
take In IT, There may be differences Of opinion about
that take It there are differences OF opinion as to
whether intended that the suspension in the emer-
gency looked should decided upon by the President
or whether should be decided upon by Of legs
laon. There differences Of opinion about that; and
so there may be about great many things. do not
think, because an unconstitutional law has been passed
that therefore this Government is destroyed believe
personally that Congress have passed laws that are
not constitutional but do not, therefore, despair of
the Government. 1t would i'll become to say that
such consequence the destruction Of the Govern
ment would follow because Congress passed law which
thought unconstitutional. A majority thought
otherwise, and submit 10 IL.
The President has made this decision What Il |
should think he wrongi Does it fllow that there.
fore must consider my opinion, the opinion this
body, Of the Houses be infable on the sub.
ject Not at all The President has acted at least in
good faith about II, and he holds and has acted upon
TINT holding, that II was for the Executive to decide
whether the emergency mentioned in the Constitution
had happened. Arrests have been made in pursuance
Of this construction imprisonments have followed to
considerable extent and the question arises what
shall be done obout it, because it is said and said with
truth that here suits being brought against the yar
Gus officers who have acted under that decision and under
the direction OF the Executive, and they may be brought
what may be the end Of all these suits. What shall we
do about III suppose sheSld ,huN tnat com
nitted mistake in giving that construction 10 the Com
sttuton that would settle nothing. 1t seems to
that when he called upon and did in the exercise Of
his best discretion and his best advice make this decision
and take his action accordingly, common courtesy at
least requires that We as coordinate branch of this
Government should treat that as for the time being
fact settled to ueat ites being settled by
competent body ourselves, and to shape legisa
ton accordingly. Now, sir what shall it be
In the first place, it seems 10 me that we should
not pass nor attempt 10 pass bill and send It to the
President fot his APPROVAL which il is necessary i'm
piled that his decision was wrong Are veto pass a
law and send II him r approval and in tina, law de-
cl o hat at
which he had authority right to do under The Con-
sutution, and ask him To approve that and to publish
before the world that he has done that which he had
legal right do; and TO insist hatbeng done
because may differ with him in opinion about this
subject Is that common courtesyi Can we get along
with the Government in that way, especially in time
Of trial and trouble like this think not No such
law should be passed
In the place. Mr.. President, it me that
If we apprehend that it may he viewed by the courts
whenever the question comes to them, that this
exercise Of unourded authority in the President though
done in good faith hardly expect to strange an,
smother up the fact Of the unlawful and uncotstuton
al proceeding by passing additional demonstrations
lieye, unlAwfully, hardly think should thai
matter by suspcndng all the other laws Of the country
measure which would be still objectionable
These the two points which think should be avoided
in our legislation.
The VioE PREsIDEsr. The hour Of one o'clock hav
ing arrived II becomes the duty Of the chair call u
Mr.. TausBrLL. hope it will be postponed inform
ally, to enable the Senator from Vermont 10 conclud
his remarks.
The vIoB President That course will be pursue,
II there be no objection The Chair hears none. Tn,
Senator from Vermont will proceed.
Mr.. CoLLAMRR Mr.. President. why is the writ o
hdbeGs corpus required ever to be suspended What
the suspension for What is to be affected by il Tn
very occasion which IL is confined shows that the
of the Constitution viewed it beng sometimes ne
eessary. II was only to be in time Of rebellion,
time Of invasion. While forming the Constitution 4
protect the rights Of the people and preserve them witt
great care. and providing for times Of quietness AM
peace il occurred az these men, all this will b.
very well for peaeeabq times but there may tra
to the nation, when its existence will he in jeopardy
when these limitations Of power will not answer W
must have some more power, AZ least in the Executive
for such period of storm and trial. and therefore
may be necessary TO suspend this great writ Of ha5ea
corpus, which enables the courts TO interfere with ID
Executive, even osueh necessary occasion we vii
deprive courts, OF they may be in such contingene
deprived Of their power to interfere with the Exeoutv
in such extremity" What did the Executive nee
to do for these periods Of extremity VIVA, want
ed IL was this that he might, II the privilege Of tina
writ WAS suspended, arrest people who had not commit
ted crimes, and hold them 10 prevent their committing
crimes that would put the nation in jeopardy II he
only those people who had committed crimes
he could do that without having the habeas corpus
pended at all. That is not what wanted by it,
The suspension is wanted enable him 10 do tha
to arrest people who have committed crimes. his whe
1t necessary, to arrest and hold people who had nc
committed crime. This is the very object OF the suspen
sion.
This is not all. sir He needs it for further purpost
and that is for the arestng and holding Of people VIII
have committed crimes, pIeyeat their being tried
may be that gentlemen may think this rather extray
agan assertion but do assert that It's necessary