Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-12-22
ARBITRARY ARRESTS.


possession bearing on the arrest and Imprisonment
Of Col. Richard 7. Jacobs, Lieutenant Governor of
the State of Kentucky, and COL Frank Wolford,
one of the Presidential electors of that State; par
ticularly by whose order they were arrested and
imprisoned, where they are at present confined, and
what offences are charged against them
On the following day TUESDAY, Mr.. POWELL
called up the resolution for consideration, when
Mr.. WILSON, of Massachusetts,, urged that prior
ity should be given to bill, pending in the Senate,
which had for its object to secure the freedom Of
the wives and children of all negroes who have
been or may be mustered into the military or naval
service of the United States. Mr.. Wilson, how
ever, finally waived bis objections to the considera
ton of Mr.. PowelPs resolution, which was thus
brought before the Senate for final action.
Mr.. HOWARD, of Michigan, having objected to
the consideration Of the resolution on the ground
that it proposed to convert the Senate into sort
Of inquisition to its power in the enforcement
Of inquiries into matters which pertain exclusively
to the Executive" Mr.. GRIMES, of Iowa, OBJ
jected to this view in the following terms
"Ihs Senator from Kentucky representing his State
says that two that State have been arrested and he
knows not for what they have been arrested He says
that they have been spirited away and he knows not viii
Their they have been carried lie it not duty to make
some inquiry in regard to question of that kind Are
we going be entirely Indifferent TO the liberties of the
people of this country
~ not sent here Mr. President, for the purpose of
sttng with my folded 10 silence and in quiet and
giving vote in favor Of an inquiry of this kind have
doubt that when the inquiry shall be pursued properly
hao fat doaf,n nf tha
Government have sort of question that these
properly arrested and after the statements that have
been made here by the Senator from Kentucky anxi
GUS that bis resolution shall be adopted in that they
may be thoroughly indicated and satiied that the
inquiry will indicate them but if be otherwise, if these
men have been improperly arrested then it is the duty Of
the Senate say So and to put its seal of rsprobaton
upon those who have thus improperly arrested them
"Mr President trust that this Senate is not going to
sit quietly by and when charges made here by the
Senator representing State of arbitrary conduct the
part of any Of the ,cers of this Government refuse to
make any inquiry because it is claimed that to do would
be proceeding of quasi Judicial character 1t is Of
tae perogatves of this body to protect the liberties Of the
people Of the States and the rights and interests the States
themselves"
Mr.. JOHNSON, of Maryland, supported the reso-
luton of inquiry, and instanced similar cases Of
ledge, but which he believed had been undertaken
and enforced by military subaterns, without autho
rity of the President, and sometimes without his
priyity until il was too late to countermand them.
In illustration Of these statements he said
Congress passed, two years ago, think, act
which was intended to put end in measure, to the
principal injustice which the result and to be the
result of these military arrests ard in all cases. pro-
yded for by that act where the parties not liable to
military control the persons charged we're TO be handed
over to the civil tribunals and if indictment not
found within limited period they to be discharged.
q" speak knowingly when say to the Senate that that
law has been altogether dsregsrded Maryland and hatt
has equally been d,re garded within this District Men with
out number have been arrested and have been handed
over not to the civil tribunals tor trial but to military
commissions and have been convicted and sentenced to the
pententary and arc now Of them suffering under
those sentences.
These military gentIemen-I speak not of the Presi
dent Of the United Satesseem to think that they
under no obligation at all to observe the civil laws not
only not bound to observe the laws Of the States where
they happen to located at the time but not bound to
observe the laws of Congress- and they not only
Jurisdiction but know, if know any thing Of law, that
they have from time to time, and indeed constantly
yctsd upon evidence that would not be received in any
court Of civil Justice 10 the country.
But especially to state which will
show the Senate the great extent 10 which this usupsOn
of authority has been extended At the late election in
Maryland when the question before the people whether
the constitution framed by the Convention who had that
subject under their consideration should be adopted by the
people or not gentleman Of Caroline county Union
from the beginning Of this civil strife and Union still of
ered to vote and took the oaths prescribed every
them, answered every question propounded to him, but
was refused ard he sued the judge Of election he had
perfect right to do. The military commander in Baltimore
by persons Immediately in the neghborhood where
the fact occurred being informed oft the gentleman
arrested having committed offence at all unless f that
be Csnce) suing the Judge for refusing TO receive his
vote brought to the city Of Baltimore thrown into prison,
and believe is there still He not only thrown into
prison and kept in prison. but his friends not per
mitted TO him, and have not been permitted as be
lieve since to see him. This is
THE lsst election in State for members Of Lee
gislature resulted in the choice Of majority Of citizens
who were called Democrats. There was msjority Of
two 10 the Senate of Maryland One Of them elected
from Of our counties, said to be tmid man. was
threatened with arrest if he did not resign, and be
resigned. But that left majority still In the county Of
Somerset, where Democrat elected receiving q ms
iory Of between three and four thousand votes he re
csived very polite letter from the General in command
asking him in substance whether he thought was right
ha .hould his in