Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-03-16
SPEECH OF
HON. VIM. s. HOLMAN,
In THE UNITED STATES HOUSE OF REPRESENT
ArIvEs, FEBRUARY l9slS63.

The House having under consideration An Act
TO indemnify the President and other persons for
suspending the pr vitege of the writ OF habeas
corpus. and acts done in pursuance thereof"
Mr.. Holman said:
IL is not nv purpose, Mr.. Speaker. to discuss
the merits OF tins bill. / believe the country
owes % the Senate, in a certain sense, a debt of
gratitude for presenting a bill for the considera-
ton of the House much more reasonable in its
features 'and less startling in its defiance OF the
Constitution than the bill which passed the House
OF Representatives
As amended by the Senate, there seems to be
but two radical objections to the bill. The first
is that it Expresses the injured citizen, whose per-
sOnal liberty has been trampled on by arbitrary
power. by authorizing the removal of the action
he may bring in the indication of his rights from
the State TO the Federal courts. and allows the
unjust defense that his Imprisonment. however
wrongful and oppressive, was made in good faith.
under the authority of the President or under an
act of Congress, to be received as a full answer
to the action. In these respects il debars the
plaintiff from right guaranteed to him by the
Constitution. In the second place, the bill Oper-
ates as a permanent, perpetual suspension of the
habeas corpus, a right invaluable TO the citizen,
indispensable to personal liberty, and restrictive
only on arbitrary and despotic power. Yet this
bill, as amended by the Senate, is not so fragrant
in its defiance of the Constitution as the bill
which passed this House; but it is still an er post
faeto law. 1t still confers on the President OF
the United States powers conferred by the Con-
s%titutiOn on Congress alone. 1t gives the citizen
a right OF action, but il makes the right a cheat
aud a delusion by providing a defense to his ac-
ton. Yet it does this under the apparent forms
of law, while the bill of the House is a perfect
and complete denial o f~justice. Both the bill of
the House and the amendment of the Senate
strike down the undOubted constitutional rights
of the citizen, but by different agencies. Both
rrhali arhrrraru pnuar. and uhilQ | rrQfor the
amendment of the Senate, | cannot, with my
views of the Constitution and the rights of the
citizen, support either.
But, sir, It is not for the purpose of discussing
the merits Of this bill that have sought the floor.
My colleague Mr.. Voorhees, and other gentlemen
have fully discussed the bill and amendment. |
sought the floor for Il few words of general debate.
Had the President of the United States exercised
the arbitrary power of suSDending the writ of ha-
beas corpus only in sections of the Union where
treason was in the ascendant, and the courts and
the civil authority suspended, | must say, sir, that
the argument Of actual necessity and the public
safety ought TO command grave consideration.
But, sir, what argument can justify the suspen-
sion of this writ, this ancient imminent of per
sOnal freedom, in those sections OF the Union
where The great masses of the people we're loval,
and the authority of the civil power unimpairedI
1t was, sir, an unwarrantable distruSt OF the PEG
pie, an unjust suspicion of their loyalty; and yet,
BIZ OppO-ittOH u luio Z luutuluIN iuS tIc IEtSl-
dent and bis subOrdinates for every act of unwar-
ranted oppression will be met By the charge of
d~islOyalty and sympathy with traitors. Sir. this
method by which the friends of this Administra-
ton have attempted TO meet every just opposition
to its policy is equally wicked. impolitic and un-
Just. The Republican party has charged all its
opponents with disloyalty, as though itglOried in
increasing the enemies of the Republic. 1t
charges that = great party which constitutes, to
say the least, a very large minority it not a ma
jOrty of the people of the loyal States of tire
Union, of ancient and traditional loyalty, is at
heart and in spirit unfriendly to the cause of the
Union. Sir, the Senate and the House, the pub
lie press ana the stump, have rivaled each other
in this public work of wicked denunciatiOn. If
the charge was true, the nation must perish; but
it is UNANIMOUSLY false. 1t is the cry of PARTISAN
ism-wicked, selfish partisanism-which would
increase its power by the ruin of the country.
1t appears to me, sir, that the Republican
party, coming into power under such fearful
auspices, on such questionable issues, with civil
war and national ruin s~pringing up at its ap
prOach, ought to have characterized its advent
and progress by a spirit totally different, for its
opponents lOretOld that its triumph would endan-
ger the safety of the Republic. 1t should have
defeated this prophecy. Ii should have sought,
above all things, the union of public opinion in
the loyal States, and the encouragement OF loyal
sentiment everywhere. IL should have sought by
I've POHNN W uhibC ~ hbti pCOhiC u vi OtiOu
in the cause Of the Union, and not by its policy
to ierment discOrd aud encourage divisions. In
such u crisis IL well became the party in power to
be prudent and self denying. to disarm partisan
spirit by rising above party
But, sir. that party. on coming into power, in
stead of being ~fOrgetfni of party differences. in
spirei by its own fierce ambition and a reckless
fAntticiSm, Indifferent to the dangers of the Re-
public. has, step by step. without variation, with
out swerving for a moment, prosecuted its par
tisan purposes; every measure which might have
been embraced in the letter or spirit of the plat
form adopted BY that party at Chicago, in 1860,
has been hot only carried into effect, but they
have carried their dOgmas to their last final re-
suit; and at the same time crying out 'dOwn with
party, have branded as traitor every man who
entertained political opinions differing from their
own. Making no sacrifices of opinion, they de-
mand a universal sacrifice of opinion by others.
They charge the Democratic party with dis
loyaiLy Why? Because that party, while it has
sustained this Government throughout by its
gall mt soldiers in the field. by its Representatives
upon this floor and in the other end of the Capt.
toll, has sought TO DO so under the shield and
within the limits of the Constitution, nothing
more. Not that It has ever swerved or hesitated
in the cause of the Union; not that its people in
any township, city or State of the loyal sections
have ever declared against the Government; but
because they have insisted that the Constitution
has provided means ample and complete by which
to carry on the war to a successful termination;
for this, and this only, sir, they have been branded
with dslOyalty. Gentlemen talk about disloy-
aity-charge the Democratic party with sy mpathy
with the South and with traitors, of fav BRING the
Rebel Government. in terms OF intense oblOQuy
and reprOach-when the very first proposition
coming from any prominent man in the country,
in the Senate or in the House OF Representatives
or among the people, for recognizing this Rebel
Government, comes from a leading member of
the Republican party. Strange enough, sir,
while /, humble as / am, have never hesitated
for one moment in supporting this Government
BY all the humble agencies within my power, yet
have not escaped the charge of disloyalty, and
while nv associates upon this floor belonging TO
the same political organization have been with
out exception denounced as disloyal, vet gentle
men upon the other side Of the House have heard
without condemnation a proposition from one of
their own num3er. coolly and deliberately made,
TO recognize this Rebel Government, and destroy
the Republic forever.
Mr.. Washburne: Let me say to the gentle
man
Mr. VOORHEES,: / call the gentleman from ILL
n0is 70 orler.
Mr.. Washburne: Well. sir. I deny that any
member of the Republican party has made any
such proposition
Mr. Voorhees,, Mr.. Pendleton. Mr.. Vallandig.
ham and others objected to interruptions.
Mr. WashburDe rose.
Ar VOORHEES,: / object to any interruption.
Mr.. Washburne: ] merely wanted 10 ask the
member from Indiana to designate the member of
the Republican party TO whom be reiers7