The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1863-01-01

arrest him without law and hold him?
Mr.. POWELL. Well Mr.. President, the
question of the Senator from Maine is really
so long that it would take a speech to an
s*er, but will say-to the Senator that if I
were the President, (Which is not sup
posable case in regard to so humble an in
dividual,) would by no act violate the Con-
stitution and laws of my country. If l
| thought that man was about to do any
thing wrong, and there was law of the land
by which I could have him arrested and
punished, or placed under bonds for good
behavior. 1 would have the law executed =
If there was no law to reach the case, and I
thought the man meditated very great in
| Jury, think should have watch kept
upon him and prevent his committing the
act, and then at the next session of Congress
l would recomm end tho passage of a law
| for the punishment of just such ofenses. 1
would adhere to the law.
Mr.. FEssENDEN. The Senator forgets one
clause of my question, aud that Is that there
was no other way to prevent it.
Mr.: POWELL. The Senator is supposing
state of facts that could not exist
Mr.. FEssENDEN' The Senator thinks it is
not supposable case.
Mr.. CoLLAMER. Will the Senator from
Kentucky indulge me in single question?
Mr.. POWELL. Certainly.
Mr.. CoLLAMER. The Constitution pro-
vides that when the public safety requires
it, in time of war or rebellion, the habeas
corpus may be suspended; and I ask the
Senator whether that does not necessarily
imply that people are to be imprisoned un-
lawfully after it is suspended?
Mr.. POWELL. Is that the entire question?
Mr.. CoLLAMER. That is the entire ques-
tion. 81 %.
Mr.. POWELL. I shall answer it with great
pleasure. -- -s
Mr.. CoLLAMER. If man cannot be un-
|, lawfully imprisoned while the habeas corpus
is in force, when it is suspended may he not
be i'm prisoned unlswfuily?
Mr.. POWELL. If the writ of hGbeas corpus
is suspended, the party may be held in pri-
son either lawfully or unlawful.y. If he is
in prison, having been put there lawfully or
unlawfully, the suspension of the writ of
lIabeas corpus only denies him the great
remedial Lrocess by which he is taken be-
fore the court and the legality of his i'm
prisoum ent inquired into by the court. That
is all it does.
Mr.. CoLLAMER. Does the gentleman wish
to be under that the habeas corpus can
T only be used for the purpose of inquiring
whether the process was legal?
Mr.. PowELL. No, sir; it may be used tc
I inquire whether he is rightfully deprived oi
t his liberty; whether he is confined by vir-
f tue of legal process or not. ...,
Mr.. CoLLAMER. No, sir; questions oi
t guilt or innocence are never tried on a habea;
3 corpus. .s aa .
e MIR. POWELL. In some class of cases the
guilt or innocence may be inquired into
S So far as the record shows guilt or inno-
: cence, it is a proper inquiry.
= Mr.. CoLLAMER. They require jury.
/ b. Mr. POWELL. Upon a habeGs corpus the
3 facts in the record which go to show the
It guilt or innocence of the party are before the
/ court, and upon them they may decide
: whether he is rghtfully or wrongfully i'm
IS prisoned. If from the facts in the record i
e appears be is guilty, he is rightfully impris
Il oned; if innocent, he is wrongfully impris
u oned, and is let 60 free. In the inquir.
It arising upon habeas corpus the guilt or inno
10 cence of the party, to some extent in
g certain class of cases, is necessarily looke'
g into. -.. ......, .-...- ..-.. ..-.-...
It Mr.. CoLLAMER IF a ha6eas corpus
IS brought to relieve man charged with mur
e der, does that habeas corpus enable the judg g
= or court, before whom it is brought, to tr
in any way whether that man is guilty c
e the murder or not?
/, Mr. POWELL. / am astonished that S
good a lawyer as the Senator from Vernon
= should ask such question. We know tha
it is not the function of judge before WHOM
ID prisoner Is brought Oh d VIII vi "0Oo"
a corpus, to try him and pass judgm ent upo
is him. He can only be tried by jury. III
at Judge, however, on the return of the habed
.e corpus, inquiries into the cause of the arres
Il. and if on all the facts that are developed
a the record the presumptions are that he
be guilty the Judge sends him back to contine
t. ment. and if it appears that he is innocent
,e is allowed to 60 free. The judge may in
in cidentally inquire into the facts in the ella
r. of cases to which have alluded though
Id does not do so for the purpose OF lnhlctr
he punish ment. But, Mr.. President, wish
ask the Senator from Verm ont question
he he will allow me to do SO. Ny question
Ter whether the legitimate suspension of Il
writ of hobeas corpus, authorizes the Pres
s- dent of the United States to arrest and IN
prison a man. l wish the Senator to answ
he that question, for that is the gistof the who
lal point make.
n Mr.. CoLLAMER.-To answea that questi
7 the gentleman will have to indulge me
n some preliminary remarks.
ii. Mr. POWELL. With great pleasure.
nd only wish to develop the opinions of
th Senate.
if Mr.. CoLLAMER. Upon a writ of hoJ
,er corpus brought before judge or court to
nd lieve a man from an alleged unlawful il
no prsonment, the only question which can
est entertained is whether the process by viii
| the man was imprisoned was legal ol
l not whether he is guilty or innocent OF
nd offense; that is a question which can be tr
- only by traverse jury. The whole qu'
ton is whether the precept by which
an man is said to be holden. and when
t 1 officer is directed to return with the BODY
ss- a legal precept to hold him. II 1t Is. IN ;n
not is the end of the inquiry. If it IS 2 Ie
nan precept, issued By competent anfnSrass'
ime hold the man 10, tue t6a,' ba ia oniltv
,ev- must De retnanueu' -ath;na 70 do ~