Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-03-14
AnnrrRARY ARRgers.
CsIfoGuy between 8Eessrs. BicharasO8 aud
EhermRB, an abe u. 5. Senate.


sherman, IN abe q. 5. SENATE.
In ~ United States sshate. on tbs 9Th inst
the militia bill being under consideration, Nj
Sherman, Of ohio, was making speech in fa
vor Of the measure, in the course Of which b
said:
s'If any citizen IS affected in bis constitutions
al rights thst citizen ought to appeal to tlp
! courts He hRd z right TO do so, and l, for one
citizen Ia this ee8ntTy, appealing to the courts
{ for redress sgainst the President Of the United
/ Ststes or any one In authority. That is right
j WbeFsupon The following colloquy took place
! Mr. Richar9soB. VIII tho senator permit me
I to propauBd single inteToga;ozy2
8Er Sherman Ceriainly.
I Mr. Richardson The present Congress Ger
tainly, SO far IS they can, deprived the citizens
of the right of asserting IN the courts of Justice
claims for damaeas where they have been i'm
/ properly arresie] and I apprehend that the sen
atoT nom OHIO voted for that legislation.
H. Sherman Congress may have passed laws
that in the opinion of the senator, are not valid
or are yery uniasti bat if Congress has passed
any sBch laws they must be submitted to the
arb.trament Of TIE judicial tribunals of this
eouptTy, and If they are void they srs worth no
more than the waste paper upon which / write
my thesis; if they are valid, we must submit TO
them.
NJ. Richardson The senator viii pardon mo
for iuserruptng hin. He made a declaration
which invited Che inquiry from ma. His declars-
ton was thst he would not intsrposs his arm 50
taal l5a ps0pls Of This country mgat not assert
their rights Ia The courts Of justiee and under
stand the senator now 10 say that if Congress
hsd passed an unconstitutional law She courts
viii 20 hold &C. That IS not the point II the
ssaatar voted for shat bin, he has taken away
from the people who have been improperly ar
rested lheir right 20 assert their claims in tas
courts Of justice.
Bin. Sherman. Task the senator, if
he was ,ss;dsnt of the United States, and
man was actually c0nspiri1g for the overthrow
Of tais government in q loyal State was sctu-
ally engaged Ia undermining the foundstons of
our COVE umelt, and be, a5 President Of tue
Uhitsd Statos was convinced upon written
atIi7hvits-for I am told tbst no arrest was made
except upoR written edilagi'-th8t a person
was thus sndssvoring 70 subvsrt the Just sutror-
ty Of the government, aud the ordinary pro
ceediaes Of tho counts would not stay the acs
complaine Of, ask him whether he would MT
resort To an ar15ss, even if il was not legal
M Richardson. SIR President there can be
no difficulty between the senator and me upon.
thst point Wherever there is On sfi ls7is Of the
ae5a sh0ViDg thaha man is undermining the
govsrnmsnt be Is guilty Of trsason, az the
courts VIII tTy and punish him. The senator
need have no difficulty with me on that point.
It's 700 clear
Mr. Sherman. There are many eases Of that
kind that do not amount to technical treason,
where the measure is use3 as 8 prevention
when tbe President of the United States is sat
isfsi that any man IS endeav0ring TO sabvert
this government by undermining its authority,
by preventing the execution of its laws, the
question pCt 20 him is whether he would not
use physical poTer ID put that nan in position
where be would NOT be able for tims al least TO
execute his trsaBon2
Mr Richardson l reply to the senator at
once, wherever q man is undermining tho gov
erument be is guilty Of treason. There is no
difficulty about that
ay. Howard. suapcge he is merely eOnspir-
ing.
Mr. Richardson. That IS aidinz and abetting
the rea slIon, aud makes him guilty Of treason.
Thsre is no difi Guilty about it. The gentleman
asia lawyer must see that.
Mr. Sherman. I merely put The case 70 the
honorable senator TO show that there might be
cases even when 50 good Democrat as he is
and believe he is now considered to be among
tbe best
4Ir. RICHARDSON. Tolerably fair
Mr. Sherman. Wben 50 good Democrat as
be would exercise srbitrsTy power just es Gen
Jackson did in times past.
Mr. Richardson. Yes, SIR inside the military
lines I would exercise the same power he did,
and not moTe-csrtainly would. Blu. when
you 60 outside Of the military lines there the
courts aud tho civil law ought to be supreme.
dr Sherman / invoke the senator
from Illinois to vote for the bill on the very
gfouad that it vii remove all claim or pTetenes
to arbitrary Imprisonment. Thissbill publishes,
a. ciminal of -nsas, the very ofanses for which
men hsve bsen arrested in this country, Justly
or uniustly sld under the provisions Of this
bill, when j. has passed into a law, it win then
BE- the duty yof he President Of The United States
aud she executive oficers TO see that these men
are punished aecor3iBg to law.
Mr Richardson Tbs Senator viii pardon
me serss vita him thst if you pass this bill
tha President Of The United States viii have
the power, the absolute power, to arrest any
man between eightesen aad forty-five years Of
sge in the UaiLed States.
EIF SaeTman Whas for : For what has he
right to arrest Net for ofsnses, but he has
right to Select in the mode pointed out by lsw,
persons owing military duty to serve ia the
sImF Of the United Stairs. And l ask the sena-
'toT the some question that pns to the senator
'reie Nirginia; when the war arrives at that
r. traa tion whsu sou cannot get v0lunteers, Is he
e issued 20 eland5asfe wsr3 How does he pro
the gov t-5s eoldisrsl Waere is his prepes tion
ny other nneas1 HJw does he promise TO get
inc such ~ carry N this war when volunteering
itbin the ne lrTied shy further
measure sop .fdson D5es the senator want an
may be snd3
: IL y ~ battlea. Certainly.
- saa tive oaou. viii tell sbs ssnetor very
-, road huea I think you ougat to bring
int the a. sad make them furnish their
follow thafaw upon Illinois, that has
'0A SCRIPT Asa more than her quota to -day
N Nneo protection
AaA4.s' resalUts ana grse % that
&c while well the msntau have no limitation in
I'd. The tons Of msnsns to vote for, saying
p etc presidents and Agne up 60 their quota
e prelude that they sEe necl to do Sc; hs may
in that road, and cannot
Of spring are prepareif TO say s that TO the salts
no seems from ifs friends hslafor. Under the
eran hae anaf er class Of TaiTod to furnish ihsir
nd, 70 the guitless, though they How are you
As gay q rank IS rondnstors' Snakes them da