Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-05
passage Of the Indemnity Bill in the
Senate.

The infamous and unconstitutional lrdem-
ni.y bill, entitled bill to indemnify the Presi-
dent and other persons for suspondlng the priv
ileRe Of tho writ OF habeas corpus, and acts
done In pursuance thereof, was passed by the
National. Senate on Tuesday night, January u,
by vote of 80 yeas to mays.
The bill as passed by the Senate consists OF
Ave sections, Of which the fret two are the
most important. The fret section provides ior
the removal by the defendant, In oil cases Of
prosecution for arbitrary arres. and impriaon'
ment, BY order or authority Of the President OF
the United States, Of the case from the State
toaU s. Court thus completely ousting the
State Courts Of all jurisdiction In such cases
But while this right Of removal or appeal iS
granted to the defendant, It is denied to the
plaintiff. If the latter is defeated, whether
justly or uDjusily, he Is not only denied the
right of removal or appeal, which is granted to
the defendant, but is compelled 10 pay double
costs, no>matter what ground he may have had
fer commencing the suit.
The second section declares the authority or
order of the President valid and complete de.
tense In ell such suite; and to insure, II posi-.
BILE, the acquittsl of the defendant, IL also pro
vdes that II there was probable cause for the
arrest, imprisonment or other act complained
Of, this shall also be full aud complete de-
fense to the action, and II shall be the duty oil
the court trying the case 80 to instruct the
jury, and their finding must be accordingly
During the debate on the bill on the day Of
itspssssge. Mr.. CARLILE, Of Virginia, moved
to amend Il by inserting after the phrase
President Of the United st,tes," in the first
section, the words "in the exercise of his con-
stitutional authority" Bat the Abolition ma
.jority in the Senate rejected this amendment,
because they wanted the bill to sustain not
constitutional acts, but unconstitutional acts Of
oppression and tyranny. The vote stood thus
on Mr CARLILE's propositions:
YEAs-Messrs. Anthony, Bayard, Browning,
Carlile, Cowsn, Harding, Powell, Saulebury,
Turpis, Wall, and Wilson of MissouFi-ll
NAYs-Messrs. Chandler, Clark, Collamer,
Dixon, Doolitlle, Fessenden, Foot, Foster,
Grimee, Hale, Harlan, hsrris, Henderson,
Hicks, Howard, King, Lane of Indiana, Lane
Of Kansas, Morrill,, Pomeroy, Sherman, Sum-
per, Ten Eyck, Trumbull. Wade, Wilkinson,
Wiley. Wilmot, and Wilson Of Massachusetts,
80.
The rejection Of this amendment by the ma
jority in the Senate is plain and honest confes-
sion that the object of the bill ia to shield the
President and his subordinates from the conss-
qusnces Of illegal and unconstitutional ouEsges
upOn.she rights and liberties of American citi-
aens. If such were not its purpose. the amend
ment would have been willingly aud cheerfully
adopted, so as to dc away With all suspicion Of
an evil intent in the bill. Bat the majority re.
jscsed 1t, thus showing the cloven foot.
The bill is now pending 10 the House. The
Abolition majority In thstbody, who stand ready
90 sanction any stretch of arbitrary power, pro
vlded they imagine there is something in 1t to
keep them up and keep their political opponents
down, will doubtless pass the bill, and the Pres
ident will approve 1t, as it attempts to protect
him and his subordinates from the legal conse-
quences flowing from arbitrary acts, admitted
10 be unconstitutional, and thus condemned by
even their own party friends. .