Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-01-08

I
eide, lingering death Of the u1happy viotims L d
tHguishes 10 nothing between the active ocer Esalau
~ tae ful discharge OF lis official duties and The bss
nliscreant who volunteers 10 assume the dsgrs5in
character Of Spy and infor13sr, that ha may with or
eeet and secretly the ialsehood which the venom
os hiA heart pTolpote6 him to invent i proposes
oehd0ne all oenses 10 protect al ofsnlers and ta tax
away al redress for injuries however great will
wsateysr circumstances Of sggrSyaton OF bad motiv
II thsse acts haa been 6one In ali eases from tb
2uress motives, With an eye single TO the public good
VII a. iie ss resson As possible on private rights
with sli ere7nspseton and care that only those VIII
we guilty should suffer such confaement g. wouls
prevent tha comnaission Of unlawful scK the pub
ne good were Ia fse subserved by them--it migat b.
proper TO protect the President and thoae setting Ends
nS anthority from crmna prosecution and penal sen
sencs y might be proper 70 protect them from pecu
mary ioss by the payment From the public asury o
the damages assessed against them. Even then Will,
admitting that circumstances Ike these WoaId IN yea
tent 70 the eopanssion Of their Illegal scta would b
the duty Of the representatives of The people fa affirm
sas q al mes ne President Of the listed States, be
Iote Al otne D15 should adhere E1Ost strictly to the
forms Of legal procedure when directing bis powers
sssnst the Persosia liberty Of ths otzenE Il could
nsvsr be iroper to indemnify az tho expense OF ne
citizens wam they hsd Injured or add to their security
/ oy sac destruction OF bis remedies.
tAe CONSTITUTION Of he United States guards most
csrsIu y he rights of the citizen 1t was ord Ged to
establish ge - insure domestic traDquilisy.a and
70 seeufe ~ b ssings Of liberty aud 30 steadily
way tne esse kspt IN VIEW that IN addition the re-
ssissl9n q az powers net grsu ed there special
prohibitions of szares without warrant t5eten ions
without Indictment, imprisonment without speedy
and public trial aud sprivationS u fe liberty or prom
cry without due process Of law sud there are auses
which exteRa the Judicial power Of the United Stses III
Az controysrs es between be citzsnz Of different
states ana secure trisi by ju in all cases in which
ne Va ue la eontfoVery Feeeds twenty dollars Con
gras has hitherto unforraly msintained an as far a.
was necessary, mas perfected by is legislation lhsse
suiA1tsSs 81 personal liberty and the courts have
forced them by the assessment OF damages for their in
traction THUS bill proposes to deprive The courts the
power 70 afford sueh protection. J. viii II carried out
fhftu
rom ihe duty Of appealing such peaceful and legal
neeans OF red ess, aad viii provoke summary and
7i5utloue measures Yet this bill without pre-
eedent 10 our history suggesting Geh grave QUESTION:
Of aonsttutenality and expedieney believed by many
% oe utterly snbversive Of the rights Of the
eiz m ana or the express provisions of the Ocnstitu
tion by the force OF mere numbers and agant the re-
mest aeee Of he minority passed within hour
OF rs irst Introduction, withsut having bean printed
without having been referred to any comnttee select
or Siane g. and without any opportunity for consdera
ton or discussion
The undersigned, members Of the House Of Repre-
sentatFes. do therefore most sOemnly TemOnstrata
against this action of the House. and respectfully ask
t TINS To ar protest may be entered upon the journal
ney protest against his refusal OF the House per
nit consideration and discussion Of the bill an arb
ary sxeres5 OF power BY the majority unjust to the
members NM st TO their Constituents aud derogatory to
its character as adeAberative legis stive body.
They protest againsi the psssags of the bill
Bseae Il purports to deprive the citizen Of all ex
wrongs and thus c0nsrsius him tamely to submit to
me Jury inflicted or to seek Illegal aud forcible rene
Because purports to indemnify the President and
a acting under his authority for acts admt tied to be
wrought at he expense Of the citizens upcu whom The
wrongful acts have been perperated in violation Of the
pansst prineiples Of Justice, and the most familiar pre-
cepts Of constitutional law
8 Because i purports TO conf m and make valid by
se1 Of Congress- arrests AMI prisOnments which were
net oniy not warranted by the Constitution Of the
Cnled tate but were IN pslpable violstion Of its ex
pi iess prhibitioDs
Because II purp,rts 10 authorize the President dn
ring this rebelon at any time, to any person and
eyerywhere throughout the limits Of the United Stutss
70 suspend the privilege Of the writ Of habess corpus
whereas oy the Consultation the power suspend the
privilege Of that writ is confined to the discretion Of
Congress sone andis limited the places threatened
by the dangers of invasion and insurreoton
because for these and other reasons Il is unjust and
unlse an nyas on Of private rights encouragement
who woul uurp despotie power, and perpetuate It by
pose them
B. And finally, bscarss ip both sections tits delib
crate papabe and dangerous violation Of the Consti
ution' according to the plain aud ntsnio Of
inat instrument and IS therefore utterly null aud void
G. 81 Pendlaton, J. G. Robinson J. R. Morris, G. L.
Hausndigham, W.P. Noble, Wm. + Allen f. H. I
Norton, ) J. Ancona, Nehemiah Perry John Law I
Y. y Bi5dle E. Ward. J. D. S yles G ". Dunlap, H
" A. Richardson H. B Bodke A L. Knapp, @. A. i
White, w. Allen, S, s. Cox, G.. K shiel J. Lazsur I
u FiobaIdl @. A Wieklifs J. A. GrBvens. P John I
son, D. w. Voorhees, H. Wright w e. Wads- Z
worth Chas c. Calvert, Henry May, Geo. q Yesnsn,
able.
Mr. enlleton. can for the yeas and nays on that
notion
Ihe -Il yeas and nays were ordered.
The question was aken and decided in the afirma
So the resolution was laid on the tabls.