Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1863-03-27


Chairman ofihe Military Committee that no
debate should be allowed upon that bill, and
what is called the previous question was de-
nnnded, for the purpose OF bringing pS to9ap
immediate vote Then IL was that thar little
minority, once only FIVE in nuIaber, but grown
now 20 thirty, thahk God--(cheers)- having
enough 20 call the yeas and nays resorted %
what is the last refuge of minority in leg
isature, and what ia called very appropriately
filibustering Yes, we iibusiered on that
bill. (Laughter) We did not follow the ex-
ample OF the Abolition Senators in Illinois,
who coming fresh from an election, where
they had been rebuked and their party rspu-
dated, yet to prevent the enactment of the
will of the people into law saw &c to run
away and break mp the Senate We stood to
our posts, and the only complaint they had to
prefer against us was, that we stood 700 well,
firmly and unyieldingly Nor did we initiate
the revolutionary example of the minority in
the Indiana Legislature, who went home for
the same purpose, and have remained home
now for one week But, the Democratic na-
jorty are still at their post they get the sala-
ry or pay the law allows, and they intend TO
wait in session until these recusaut Senators
and Representatives shall have returned We
did not do that we flibustered, and in the
| course of few hours that little minority com
PEELED that great majority, first, to yield the
point of debate, and to adjourn with the nm
derstandng that the bill should be open to dis
eussion. Aud it was open for discussion, and
such discussion ms the reporters, who have
been there for fifteen yeurs, and the oldest
members and spectators, have all united in
the testimony that the like oft had not been
Witnessed in that Capitol for near twenty
years We were few, but
"Thnce X he armed who hath his quarrel lust"
and ours was the justest cause that ever was
struggled for. We spoke with the courage
Of ireemen, fully conscious that we we're
standing in the very breach against The rush.
ing current of despotism, aud as we spoke the
| Felixes of Abolition trembled, and they gave
US another day, and at the end of the discus
sion so completely had they been mastered
that they consented to strike out every provis.
lou in that bill that did not relate to il purely as
a military measure That is what we gained
| by courage and frmness and manhood
C"Good' and applause) But unfortunately
while this much was accomplished on that
bill, the same tyrannical power was intended
to be given by another bill which passed that
house, and is now, 50 far as the forms of law
are concerned, law of the and--at least an
act of the XXAVIIth Congress daughter
1t authorizes this President (hisses) whom
the people made, whom the people had cho
sen 10y the ballot box under the Constitution
and by virtue Of all the laws, to suspend the
writ of habeas corpus all over the United
States, to say that because there is u rebellion
ia South Carolina man shall not have free
dom OF speech, freedom Of the press, or any
OF the rights untrammelled in the State Of
New York, or thousand miles distant That
was the very question upon which the people
passed judgment in the recent elections
more perhaps than any other question. The
President had assumed to exercise this power
by virtue OF proclamation, and had AFRO
gated to himself the prerogative long since
exploded, of the King Of England lie had
exercised the prerogative of the king, and
the people had repudiated it; they said -
"You have no right TO suspend thiswrt,you hay e
no power Of arbitrary arrest, and we will not
, submit to Its exercise" The same argument
which was addressed to the people in discus
sing this question previous to the October
and November electious--thRt very same ar
gument now applies 10 this socaled act OF
r Congress. The Constitution gives the power
= to Congress- and TO Congress alone, 10 sus.
t pend the writ of hdbeds corpus, but il can
4 only do it in case of invasion and rebellion
b and then only when the public safety re,
I qures It and in the opinion OF the best ia,
J. rists OF the land, and of every man previous
} to These times, Congress could only suspend
e this writ in places actually in rebellion or ae
i tually invaded That is the Constitution
} CHEERS And wheneve! this question sha
It be tried before court in the State OF New
o York, or Ohio or Wisconsin, or anywher,
o else, before honest and fearless Judges wot.
e thy Of the place they occupy, the decision will
= be that tits unconstitutional cloud applause
8 Assuming what is not implied and nevei
y was in the suspension Of the writ o
H. habeGs corpus, thntit gives power of arhlt
e rary arrests, they have affected to make pro
e vision for the exercise Of such power, but
lie does not follow at ALL The President has n,
Is more power when the writ Of Aabeas csypu
r is suspended to lay his hand upon the citi2ei
le Than he has before or than have; aud th
Ol suspension of that writ takes away no ciyi
1r rights, and no legal remedy: but the sam
b, right OF resistance that the common law give
r against verytrespasser acting without author
. ity Of law, and attempting to enter a man
e house, which is his castle, applies equally i
10 the writ of hdbeds corpus (Gregt applause.
al The same right of redress in the courts q
re Justice, in an action for damages remains
IL whether the writ be suspended or not Tha
: writ may not be issued by the court, but ever
le other right still remains TO him who may b
IN made the victim Of the arrest Now, sir, ther
D. being no more right of arrest Notwithstanding
b. this pretended power of suspension, no NOR,
le necessity Tor arrests in the loyal States of ihi
s. Union,ilo more necessity than there was he
ly fore, / venture TO utter the assertion tina
y whenever an effort is made to exercise arbi
n rary, unconstitutional and unwarrantable pos
T. er, any honest court of Justice would decid