Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-01-01

THE INDEMNITY RILL-A PROTECT.
MIR Pepdleton submitted tho following reso.
luton, upon which he demanded the previous
question:
Resolsed, That the following protest of thirty
elk members Of this House against the passage
OF House bill No. SOL be entered upon the
Journal:
On the 9th day of December, A, D. 1862,
and during the present session of Congress,
Mr.. Stevens, Of Pennsylvania, introduced the
bill No 5ol, entitled can act to indemnify tho
President. and other persons, for suspendIng
the privilege Of the writ Of habeas corpus, and
acts done in pursuance thereof" and after its
second reading moved thatit conside ration be
made the special order for the Thursday then
next ensuing, which motIon being objected to,
he moved the previous question, and this being
sustained, under the operation thereof, the bill
was read third time, and passed.
lEhiB bill involvaa qnestinna OF the graves,
Importance. IL provides that all suspensions Of
tho privilege Of the writ Of habsas corpus, all
arfes.s and imprisonments upon whatever pre-.
texts or by whomsoever made, under the an
thority OF the President, however arbitrary OF
unjust, are confirmed and made valid; and that
eli persons who advised or executed or assisted
10 tho execution Of any such acts are dlscbate
ed from oil liability, whether to the State or 20
Individuals "ln respect thereof" and that ali
proceedings against them Of any nature, whetb.
or for the recovery Of damages or for the In.
Fiction OF punishment 'commenced or TO be
commenced" are discharged and made void -
II also provides that the President may, during
the existence Of this rebellion, at any time and
anywhere throughout sny Of the United States,
and as to any person, suspend the privilege OF
the writ OF hdbeas cc7puS ...
The bill lie framed upon the Idea that the acts
FsclIed were Illegal, and without lust cause o.
excuse; that they were violations of the riphie
OF the persons arrested and imprisoned: and
that for them redress might be had in the
courts Of the United States, by resort 10 the
peaceful, regular, and ordinary administra ion
Of the law. IL Is framed upon the idea that
the citizen was arrested without the existence
Of crime on bis part, or even probable cause 70
suspect IL, and that In making such arrests. the
substance, as well as the form, of those pro.
visions of law intended to secure personal lib.
erty nSv entirely disregarded, It makes no
excersloh Of those cases ia which the arrests
have been made with malice, aud tue inprison
ments have been inflicted with circumetsucss
of brutality aud uIueliy--in which the "public
good" has been made the cloak where with ia
cover the qualification Of political aniuosi,y
or private hatred. IL distinguishes in nothing
between the cases in which an honest mistake
has been followed by its immediate correction.
and oases In which malignity has been enabled,
by false p5elenses, To procure the arrest and
to prolong the imprisonment, to the loaa of
property, the destruction OF health, and. in
some instances, the insanity, suicide, or linz er.
ing death of the unhappy victim. Il distin.
gulehes Ia nothing between tle active offlcay
Jealous ia the full discharge of hisI official
duties, and the base miscFesnt who volun teers
to assume the degrading character of spy and
informer, that he may, with more etfeok and
secretly; use the falsehood which the venom of
his heart prompted him to invent. II proposes
to condone all ofenses, to protect ell offenders.
and to take away all redress for injuries, how
ever great, or with whatever circumstances OF
aggravati0n or bad motive inflicted.
II these acts had been done In ell cases from
the purest motives, with an eye single to tie
pulic good, with as little aggression as possible
on private rights, with oil circumspection and
care that only those who were really puIltv
should suffer such confinement as would prevent
the commission Of an unlawful ac.--if the public
good were 10 fact subsetved by them--it might be
proper to protect the President, and those acting
under his authority, from criminal prosecution
and pensl sentence; 1t might be proper 20 pro-
tact them from pecuElary loss, by the pawn ent
from the public Treasury, of the damages az.
aessed against them Even then, whilst admit.
ting that circumstances like these would in
seasons of great public dangers negative all
wrongful intent In the commission of these
illegal acts, 1t would be the duty of the Repre-.
sentstives of the people 10 affirm that, st all
times the President OF the United States, be-
fore oil other men, should adhere most strictly
TO the forms Of legal procedure when directlug .
his powers against the personal liberty of the
citizen. 1t could never be proper to indemnify
the President, and those acting under hls an
thority, at the expense Of the citizen whom they
had injured, or TO add to their security by the
destruction Of bis remedies. Goi5iicJf 'JF
The Constitution of the United States guards
most carefully the rights Of the citizen; it was
ordained "to establish justies," "lnsure do
mestic tranquility" and to "secure the bless
ings OF liberty. and 90 steadily Was this object
kept in view, that in addition to the reservation
Of all powers not granted there are special pro-
hibitions Of seizures without warrant, detentions
without Indictment, imprisonment without a
speedy and public trial, and deprivation Of life,
liberty, or property without duo process of
law; and there are clauses which extend shs
iadicisl power of the United States TO all
controversies between citizens of different
States, and secure trial BY Jury in all cases in
which the value In controversy exceeds twenty
dollars Congress has hitherto uniformly main.
tanned, and, as far aa was necessary, has per.
feoted by lie legislation these guarantees of per-
sonal liberty, and the courts have enforced them
by the assessment Of damages for their infsac-
tion. This bill proposes to deprive the courts
OF the power to afford such protection. It will,
II carried out Into practical aud general opera.
tion, release the people from the duty Of appeal.
Ing to auch peaceful and legal means of redress
and will provoke more summary and less con.
atituiionRl measures. Yet this bill, without
precedentin our history, Suggesting such grave
questions Of consiitutionalty and eipedieucy
believed by many members to be uttedy sub
vessiVe OF the rights of the citizen and Of the
express provisions OF the Constitution, BY the
force ofmere numbers and agsinst the remon.
STRANGE of the minority, was passed within. one
hour of its fsst introduction, without hayine
been printed, without being referred to any com
mittee, select or standing. and without any op
portunity for consideration or diseussion
The undersigaed members Of the House Of
Representatives, do therefore most bolemnly re-
monstrate against this action Of the House, and
respectfully ask that this their protest be ent en-
cd upon the Journal, liz 49,. ~ -
They protest against tho refusal ofthe House
TO petmit consideration and discussion of ths
bill 90 an arbitrary exercise Of power BY the ma
ljority, unjust to the members, unjust to thell
constituents, and derogatory TO its character al
deliberative Legislative body, pl ,s,.'p 80
They protest against the passage DC the BILL
| /. Because Il purports to deprive, the citizen
| Inc Ill ..A1 20