Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-05-23

liked and brief period Of time, the privilege was
withdrawn. Mr. r could see notbisg in this that ea-
daugered the Pablo liberties called for the nterpo-
HitIon of this Congress. FEN |
Mr.. Rves a5verted to the recent speech before the
Legislature of Georgia of Vice President Stephens ard
fadhe rused that in SO doing he would be consdered
a. within the bounds of that propriey which belonged
70 public debate well as the sanction Of that spoee
respect which he entertained for the position hsld BY
the second officer OF the GoysrDmer aud that cordal
estesm he entertained for him personally Tse argu-
ment by which the Vice President urged the Legislature
oil sovereign State tie zeal their d,mnston
upon the act Of Congress to his mind altogether
unsatisfactory In one sense, 1t might be termed for
cbe, for the speaker had by violent disIocaton II
ostan clauses Of the Constitution from their cont.Ix
and their Interpolation in other parts Of the Corsttu-
tor, given to both what Mr.. r. constrained
regard as forced and improper meaning IA rrests
from their places ctrtain provisions of the Constitution
and claims that they shsl have their true nierprsa
ton the meaning they acquire by being rowa into ux
opposition with ether provisions. This was mods of
constitutional exposition which Mr.. T. found it some
what dcult TO characterize consistently with The re-
spect be entertained for the characer the vuss and
abilities of tie vics President Doubtless, the srgu
men. bad is source in the jealous regard Of NJ Srx
PHEss for all the old landmarks Of liberty and hs ps
trioc soicude for the nyoabity Of the rights OF the
people; il could scarcely have proceeded from calm
exercise If HIS The Suspension Of the writ of
Habeds Corpus necessarily carried with hs suspension
OF the kindred rights and remedies secured in the clauses
quoted by Mr. S., or such suspension would be nuga-
tory aud absurd Whatever ingenuity Of argumen-
taon or confusion of history might be brought
to bear TO bfing ABOUT different opinion, the feet
was obvious the general understanding that
the writ Of Hdbeds Corpus wac the remedy by which
abuses Of personal Ibersy we're intended to be pre-
vented and wben you took away that remedy, you sus
pended for the time the rights it protected. Mr.. r.
could no. claim TO be lawyer. In his youth be had
served noviate in that profession But be believed
it was well understood axiom Of the law that there
could be no right without remedy. II Congress has
the power it clearly has TO suspend remedy 1t IN
doubtedly has the power TO suspend the rights that
only valuable because of the remedy Due process Of
law" does not mean some perhed and immutable regu.
laion OF the past but such process" as competent
Leg sative body may establish The clause forbidding
the issuing Of warrant unless based upon oath or a
frmaion can only apply in where the issuing OF
warrants is necessary But we all know that arrests
frequently made without warrant All officers OF the
peace au.hodzed so to arrest when ihey are wit
nesses Of any violation Of the criminal Law. Nay, ci
zens themselves not only have the privlegeo arrest
under sucI circumstances, but it is their duty.
His learned and eloquent friend from Tennessee mr.
FoorE had appealed to the Virginia Resolutions ef
1889 and Mr.. Msdsons celebrated Report upon them.
Mr. E. had been unable find in those memorable pro-
ductoas anything that initiated against the positions
he taking, b. he found that principal objection
raised by Mr. Madison to the Alien and Sedition Acu
was th they conferred upon the President powers that
could only DE justly aud con,stuonally conferred b.
suspension Of the writ Of Habeas Corpus The dedac-
on was altog ther in favor of the argument Of those
who sustained The action of the last Congress. Mr..
Rves had examined also the proceedings Of the great
Virginia Convention Of 1885, and bad failed to End any
attempt made therein to combat the recognised power
OF Congress 70 suspend this writ under circumstances
like tho present. Neither Patrick Henry nor George
Mason, those sen.intls of liberty had discovered any
thing Objectionable dangerous in the power con-
isrred Neither in the proceedings of the conventions
of other States, far be familiar with them,
had any exception been taken on this point. IL was
born prejudice, lately aroused Jealousy for which
lie must be permitted to say be did the occasion
The objections 10 the act suspsnding the writ
founded, he was convinced, upon a miscoaosption Of
the act itself, msnterpretaon Of the Constitution,
which gives the suapending power to Congress. He
did not feel the force of the view that the suspension
was not warranted BY facts justified by the ,ime,-
The Congress of the Confederate SIases would have
bsen guilty Of derelcson of duly if they had failed
eIsrcise the powers vested in them. The gentleman
from Tennessee Mr.. Foote) has quotsd copiousy from
many auth critics. and casd our attention to many his
torc facts to prove chat the writ Of habsas corpus
never framed to be suspended. Tho speaker was 80
Jealous as any who loved his country could BE- ia
regard to the lborties OF the people. Ga the other
side Of the Potomac be liberty shaking beneath she
tread of desDo!ism. There unbridled Democracy had
opened the way for the approach of Dsspot. He
thanked God that the Coufsderacy was in 70 dangsr
IRON UemOCrdcyt Lucre WAS no aDlQlsg place I0r liz
undue growth here; !. bad no home here. Il had
apprehensioGs for HMM the future. The danger which
threatens us Is not from within. Nations that have
been enslaved, have bound their own chains oftensr
tn IN dtspots have bound them. No people in dan
ger OF subugation slavery exsep: oy their own de-
moralzation and corruption Within There no danger
OF the Proud jealous people OF the South ever being
brought to a condition of political ef.tsress to prepare
them to receive master. It was not q ca sSr, or
OromHel, or Napo!eoE-it was not domestic usurper
We had to fear. Our danger was more from some Aa-
rio or At.ls, Senacherb Salmsnsxar, pressing
border from without with 6esoatng toroes OF
followers Let us then uriso our energies, no. to
upon each Other but to combine for the overwhelming
Of our enemies. Lat the noble army, 6ghtog a. the
avenues 70 your capital Understand that they nave
and viii pour out their blood ia vain. Let unite
in holding up the hands of gallant generals. The
Independence of our country secured beFi,s
are ssf.
Mr. Rjves concluded his remarks at twenty minutes
past one o'clock, having spoken about two honrs.
SENATE.
SATURDAY, May 81, 1854
Prayer by Rev DR. Doggett Of the Methodist Episco.
Pal Church.
DISABLED AND Az Esr OFFICERS.
On molten OF &r BROWN, OF Ass, tue Committee
on Military Affairs instructed 10 enquire into the
e1peGiency OF providing by Law for retiring from the
line, such field and company officers have or may
hereafter become uuht service, by OF
dsease wounds TO open the way tor promotion
t. those beloa, who remain in the field in the ua
discharge OF their duties, a1d whether officer who
absent his command time Of battle, unless from
absolute necessity, under orders from his superior,
or is prisoner, ought not to be dropped, &c.
COMMERCIAL REGULATIONS
Mr. GRAHAM, Of N q. Introduced Dill.to amend the
act imposing restrictions upon the foreign commerce OF
the Co federate States Referred to the Committee of
Commerce.
nr OLDHAM, from , C.mni tee Of Commerce, re-
po-'ed pAes II bIl ia hdat"t u sid act striking.
cut rhe,wou u io.n' 81 te l. Sc o..
Mr. OAK rrgges'cd a. Ghe oso ed am ndrnslt was
u tl.ruousl
Nj W -LkEz m'ved Ia tbs s,ii b. reeomuit:ea. :
Tn mv.ieu va ssreeG to.
HADkAs CORPUS ooMMissIcsERs
Mr. SPARROW, from the Committee on Military Al
fats, rported bill concerning " commissioners sp
pointed in parsu the euspendng the writ a