The mountain Democrat., 1865-05-20
The Rights OF CIti.sn.hip.
SPecch Of Hon. Henry Winter Ddris IN the HC-
~ Representatives., AGrGs1 . 2S%G Il

C'oH' vi VIC ulStlHSulSueu gentleman from
Pennsylvania Mr.. Stevensl, and am sure
that nobody will say that ever embar.
rassed the proceedings Of the House by
any pertinacious adherence to schemes Of
my own. have never embarrassed tho
House week after week by motions to tax
or exempt whisky on hand. That would
have been a more appropriate subject Of
criticism than such an amendment as this,
which is never too early, and can mover be
too late until the voice of liberty shall
cease to be heard in the United States. -
Then it will be impertinent to arrest the
| progress Of supplies for the Government
by calling the attention of the representa-:
lives Il the people to the freedom of their
constituents. Let this bill perish thou.
sand tines. rather than that any vote
should so on the records Of this House de-
claring that the protection Of the liberties
of the citizens Of Massachusetts, and the
citizens of Maryland arc not of paramount
importance to vote of money for the vio-
lators of their rights. There has been no
other period, sir, at which could obtain
the ear of the House on such an amend
meEt.
have had my eye on the gradual in
trusion Of the military authority on the
rights Of the citizens from the outbreak Of
the rebellion. 1t was first instigated by
the people and the most eminent jurists
Of the land converted their clamor into
the semblance Of the voice of the law by
maintaining the right of the President to
suspend the habeas corpus without the
authority Of Congress-in the face Of John
MarshaIl'S judgment. Gentlemen of the
opposition, on this topic, have no right
here to cast imputations on the Admins.
tration. George B. Mcclellan first set the
bad example in an order illegally suspend
ing the writ of habeas corpus in Mary
land. | refer to that, not as an imputation
On them, bat because it shows that it is
no party question with which we are deal
ing today, but an American question, a
question Of republican liberty, endangered
by the common madness of government
and the people. The evil has gone SO far
that to-day every man feels, without the
necessity Of an Argument, there must be
n sto? put TO military trials Of citizens in
the States here represented, or there is no
laE or liberty in the land. The honorable
gentleman from Pennsylvania has said
hat convictions have taken place under
avs passed by Congress- adm; ii; but
that proves only that Con sress is also
guilty Of the usurpation. And the hon.
orablc gentleman from Massachusetts, Mr.
llawcSl has toid us that the law which he
introduced has fallci to serve tile purpose
contemplated, whiei; has developed CON
sequences Of which he did not dream. -
The honorable gentleman says that il
ought to be repealed, and IL il ought 70 be
repeated, then carry the remedy to the
root Of the grievance and discharge the
men who were convicted under what was
in fern a law, but in fact usurI,ation,
which mad not the authority OF the Con
stitution, But, sir, have prosecutions
stoIped within the limits Of the acts Of
Congress-:
If they had, could have heard with
more patience the apPca! Of my honorable
friend from PcnnsylVanil., But every one
knows that they have not. We, in Mary
land. have known it by sharp castigation
now for three years. 1t is now being
known in New York. And in Boston men
haze turned gray under prosecutions not
according to those laws. But, Sir what
DO you say with reference to trials for
things that are not crimes under any las;
for things that are not defined to be
crimes, civil or military: What do you
say to the trial OF loyal citizen in the
city of Baltimore upon the charges and
specifications which | hold in my hands,
for forging Jefferson Davis currency p
One of my constituents is now in Jail un.
der those specifications, having been tried
and condemned by a military tribunal for
attempting to break down the rebel cur
rencyi
can state no other fact that will better
illustrate the insolencc of irresponsible
military tribunals, known to no law, ap-
pointed under no law, restrained By no
law, authorized by nobody, bound by no
law but the will Of the men who sit in
their uniform to try the rights of Amcri-
can citlzens according to the law Of the
sword.
Mr.. Stevens Do understand the gen
tleman to say that this man was convicted
on the ground Of having counterfrited the
rebel currency?
Mr.. Davis, Of Maryland: lie was con.
domned for that, and is now in jail.
Mr. Stevens: Well, | think that man
who was fool enough to spend his time in
such work ought to suffer some severe
punishment.
| Mr.: Davis, of Maryland If all fools are
at the mercy of the military courts and
they are to judge of it, they have wide
jurisdiction. Laughter.
Then there is the case Of Wcisenfield.
This man was not charged with defraud.
ing the Government, under the act of Con.
gress; he never placed himself within the
reach of the law to which the gentleman
from Massachusetts, has referred. He was
charged, and in my judgment charged
falsely, and convicted on testimony which
no jury in the world of any political COM
plexion would weigh an instant, of having
sold few hundred dollars worth of goods
to Government spy to be sent across the
lines to the Southern Confederacy. That
trial by military commission was author
ICED by no law known to any statute book
in the United States The crime Of ira.
ding with the rebel States isexpressly di.
rected to DO tried and punished by indict-
ment before the United States courts for
misdemeanor merely but he now lies
in New York pcnitentiary, herding with
felons, murderers and thieves, though if
legally convicted before Chief Justice
Chase he could. by law, have been sen.
fenced only to fine and Imprisonment in
Jail! am daily beset by letters and So
licitations Of loyal gentlemen, my frmcSt
and best political friends in the world, tU
go to the President and beg as boon that
this man be pardoncd have had no
stronger pressure brought upon me since
have been in public life. My reply is;