New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-02-24

DISCHARGE OF STATE PRISONERS: ~ |,
The Senate then resumed the consideration oi '"'
hill for the discharge OF State prisoners.
Nv POWELL continued his remarks, arguing
Aha, me power Of suspending the WITT OF haooas
corpus was vested in Congress could not oe @ nnds,
and ought moi 10 be delegated it cou" vs. 1--we %
any circumstances the IfesI~o"V ~ ~
make arbitrary arrests ,. -, :, o. -,
Mr.. D00LIfrLE, tRep. VIE sai' ""I w
rsoOd that the persons srfes1eu .Uu.a
released on takiug the oGth OF s'i3 si'll'e.
MIR. POWELL SAID II might DC so unueIe'VV''
but il was not the fdct' ,
sir. DOOLITTLE said be Thought that ne was
authorized 10 saw that in relation to any arrest
which had been made, except in sections where
,bere were aclual conflicts OF arms the prison /
door had alwaye been open TO thos, who
wers willing TO take The oath Of allegiance,
unless where proof was positive lie referred TO-
the arrest OF Rebel detective at q hotel IN New
York. lie was not arrested by warrant OF law.
An. vet the Senator from Kentucky claimed that no
Iereol should be arrested without warrant.
Mr. fOWELL claimed that ne had never com
planned of the arrest OF the persons engaged with
the army
Mr.. D00LITTLE-Suppose he was not ia arms
THE man was not in arms. Suppose be had fur
pisAed food or clothing.
Mr.. POWELI.-Then l suppose be might be con-
side ed ar engaged with the army
Nh DOOLITTLE argued that ~ time of war II
absolutely necessary 10 arrest men without the
usual warrant Of law. Such had slways been me
practice OF the nations In time OF war. lie claimed
pablie safety required the suspension OF the habeas
corpus. In cases of sudden danger and emergency
be certainly would not be expected TO wait for Con
gress TO meet and Judge of the requirements OF pub
lie safety. lie quoted at length from the decisions
of the Supreme Court in support of his argument.
lie claimed that il necessary in time OF war TO
nrrest persona to prevent Their committing crime;
II was not always possible 10 wait until the actual
rrime committed.
Mr.. CLARK said lie was pleased 10 hear the Sen
stor from Illinois (Mr. Rcbardson), cay to-day that
This rebellion wss causeless.
Mr. RICHARDSON said he was willing to repeat
H. at the beginning the rebellion was canseless.
Mr. CLARK said them the Pr sident bound
20 put the rebellion down; and 1t was tue duty Of
every good citizen TO help him put the rebellion
down.
Mr.. RICHARDSON said he had always held
that he meant TO stand by the Constitution. lie did
not justify departures from the Constitution by the
Senator's party, or anybody else,
Mr., CLARK was glad the Sen ator thought this q
csueeIess rebellion; for he understood that the Sem
s,or was going to New Hampshire to speak; and he
waited him 10 tell the Democrats there that this
was a canseless rebellion. They had been discuss
ing the question there and he wanted the Senator
tel the Democrats Of New-Hampshire that the
Republicans did no, cause this war.
Mr. RICHARDSON-i will tell them that the
Senator and his party could have avoided war by
MIR. CLARK REP, n. H.)-The question IT,
whether tue Rebellion had cause; not whether we
could have prevented it by going on our hands and
measures 10 preserve the Constitution; and ii he
deemed the safety Of the country impered, be
must take measures 10 preserve H. The Senators
~ from Delaware and Kentucky seemed very much
exercised about arrests; but they had no sympathy
for the who were arsested at the South and put
in prisons.
The Senator from Kentucky was exercised at the
breaking no of the Convention in Kentucky. But
only wear ago the Governor OF that State and
Others attempted TO take State out of the Union
IN defiance Of all law, and yet there were no com.
plants made OF that.
He did not believe that the MACS of the Democrat;
disloyal, though some OF their leaders haC
acted TOO much as though they were. Those per
sons who acted in that way could not complain i
they were suspected 10 be in sympathy with the Re
belion. lie appealed 20 those Senators who pro
fessed 10 be loyal 10 come out and help to put down
the Rebellion.
Mr.. HENDERSON (Un. MOI, said he found h,
did not teloDg TO either party hsre and he aud the
Senator from Virginia Wiley, had formed party
OF two. But he thought if the North could not agree
any better than they did now, the sooner they
stopped the war the better.
Party spirit seemed as rampant as ever; and he
was sorry TO that spirit, which could only leao
to divisions. The Senator from Kentucky said he
was Tor peace. lie (lr. Henderson, too, wanted
peace. But how would the Senator from Kentucky
OBJ ain it Would ne withdraw the armies aud lei
the ReOels advance on the capital, or would be fgh
out Z
In times like these, the Government must be sup.
ported, and il was dangerous 70 make war upon the
Administration, and draw nice distinctions between
the Executive aud the Government. In times such
Gs these, when the life OF the nation al stake
entire unity OF action was necessary, and in this the
Rebels had the advantage. There were measures
which he had not voted Tor.
But yet he ielt it his duty to give an honest sup
port 10 the Government. He could not 30 home
aud oppose the Government, aud create disoy a
feeling in his State. There must be unity Of action
and he warned the Senators against poriy feeling
and making loyalty and dsloyalty party line. and
deDouncIDg all Democrats as dsloyal.
He believed that IL tie fOrIC ard md
put DOWN the Rebellion Slavery was doomed, 10
matter w0ether any EmaDcpati or other act was
ever issued. Nothing could Slavery, unless il
wac the Democratic party at the North. There were
men al the North who discouraged enlisments, be-
cause, they said, this abolition All this
wrong.
Every man should come up to support the Gov.
ernmenI and there should at least be better feel
ing in the Senate He said the Rebels could not DO
starved out They were brave, and would fight to
the last; ana either they must Conquer, We must
conquer. There such thug compromise Or
conollation with them.
We must therefore, lay aside these chickering's
and address ourselves TO the great undertaking be-
fore us. The Border States had been nearly ruined
by the war. Missouri mad been nearly destroyed;
aud if Maryland shouid welcome the Rebels TO her
soil, she would be ground to powder.
There could DO no peace unless the Mississippi
River was open ID. Ii "a peace Was patched up now,
II would only be temporary. He looked forward 10
stars mgnt now be dimmed, he believed that come
kind angel, with pencil dipped ia heavenly light
would repaint them In all tbelr beatty and loyeness
once mOrs.
HOUSE or REPRESENTATIVES,
LOYALTY OF KANSAS.
Tie SPEAkEK lad before the House the resou-