Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-03-31
TIE RIGHTS or CITIZENSHIP.
speech OF Hon. Henry winter Davis
an the House OF hepresentastves,
March 9, Is65-The administration
Denounced ny one OF its Supporte' .
The Horrors OF Military suie Tn
vailed &c.

Denounced by one OF its Supportes
HE Horrors OF rfi,ifary sufe Tn
vailed sc.
Ar. Davis, of MaryIsnd-Ml Chairman. ap
preciste the weight OF the criticism OF the distin
gGished gentleman from PeansYlvania, Mr.. Ste
veus and / am sure that nobody will say that
have ever embarrassed the proceedings OF thia
House BY any pertinscious adherence 10 schemes
Of my oSa | have never embarrassed the
House week after week by motions TO tax or ex
empt whisky on hand. That would have been s.
more appropriate criticism than such an amend
meut this, which i never too early. and can
never be too late until the voice Of liberty shall
cease to be heard IL the United States. Then it
will be impertineut TO arrest the progress OF sup
plies for the government BY calling the attention
OF the Representatives OF the people TO the tree
dom of their constituents Let this bill perish
a thousand times rather that any vote should 20
on the records of the House declaring that the
protection OF the Liberties OF the citizens OF Mass
schusetis and the citizens Of Marylan not
of paramount importance To vote OF money for
the violators OF their rights. here has been no
other period sir 1t which / could obtain the ear
OF the House on such an amendment. | have
had my eye on the gradual Intrusion Of the mill
tary authority on the rights OF the citizen froP
the outbreak OF the rebellion IL VAS first iusIi
gated by the people; and the most eminent ur-
lsts of the land converted their clamor into the
semblauce OF the voice OF the law Dg maintain
Ing the right Of the president to suspend the ia
beas corpus without the authority OF congress
T. in the face OF John MarshslPs judgment.
Gentlemen of the opposition, on this topic.
have right here TO cast mputations on the sd
minisustion. George Mcclellan first set the
bad example in order illegally suspending the
right ishabeas corpus in Maryland. refer to
that not as an imputation on them, but because
| il shows that it Is party question with which
we are dealing to-day, but an American question
question of republican liberty endangered BY
the common madness OF government and the
people. The evil has g0ue so far that to day
every man feels, without the necessity of an ar
! gunent, that there must be stop put to military
trials of citizens 10 the states here represented
or there is no Law OF liberty in the land The
honorable gentleman from Pennsylvania has
said that convictions have taken place under Law
| passed by congress. | admit IL; but that prove
only that congress IL also guilty OF the usurpa
ton And the honorable gentleman from Mas
sachusetts, Mr DAVE has told u that the law
which ne introduced has failed 20 serve the pur
pose contemplated, while 1t has developed conse
quences Of which be did not dream The hon
orabie gentlemen says that 1t ought 10 be re
pealed, and if il ought TO be repealed, then car
discharge the men who were convicted under
what was in form a law, but in fact usurpa
ton which had the authority OF the cOnsti
Triton. But, cir, have prosecutions stopped
| within the limits OF the acts Of congress-
they bad, / could have heard with more patienc.
the appeal of my honorable friend from Penn
sylvania. But every Que knows that they hav.
not. We IN Maryland, have known il by SHARP
igation now for three years. Ii is now benz
1 = u i II
turned gray under prosecutions. not according tc
those laws
But, sir, what do you say with reference Il
trials tor things tina. not crimes under the Ia "
Tor things that are not defined to be crimes. civ
or military! What do YOU say 10 the trial of
loyal citizen in the city Of Baltimore upon th,
charges and specifications which hold in m,
hands, for forging jefferson Davis currency
One OF NV constituents is now in jail under those
specifications having been tried and CONDEMNED
by a military tribunal for attempting to breai
down the rebel currency | can state 30 othe
fact that will better illustrate the iusolence o
irresponsible military tribunals, known TO DO lav
appointed under no law, restrained by no law
authorized by nobody. bound by no law but tn
will of the men who sit in their uniforms TO ~
the rights of American citizens according to tn
law Of the sword
Mr.. Stevens-DO understand the gentleman
to say that this man was convicted on the groun'
of having counterfeted the rebel currency?
Mr.. Davis. Of Msryland-He was eondemRe,
for that, and is now in Jail
Mr. Stevens-W ell, | think that a man WIZ
was fool enough to spend his time in such worl
ought 20 suffer some severe punishment.
Mr.. Davis, of Maryland-If all fools a
the mercy OF the military courts, and they are t
judge of Il, they have wide jurisdiction
Laughter.
Then there il the case OF WeiseuGeld Thi
man not charged with deiraudiDg the gov
eminent under the act of congress- he neve
placed himself within the reach OF the law u
which the gentleman from Massachusetts has re
ferred. He charged, and in my judgmen
charged falsely, and convicted on testmon'
which no jury 10 The world, of any political com
plexon. would weigh en- instant OF having sol,
few hundred dollars worth of goods TO a gov
eminent spy TO be sent across the lines to tn
: southern conlederacy. That trial by militar
commission authorized by no law known t
any statute book in the United States
The crime of trading with the rebel states
expressly directed to De tried and punished b.
indictment before the United States courts for
misdemesnor uerely; but he nov lies in Ner
York penitentisry, herding with felons murder
ers, and thieves, though if legally convicted be
fore Chief Justice Chase he could by law hay
jail | am daily beset by letters and solicitation
OF loyal gentlemen, my hrmest and best persona
friends in the world, 10 20 to the president al,
beg as a boon that this man be pardsnedi | hav,
had no stronger pressure brought upon me sine
| have been in public lite. My reply is: tia De
titon is gotten up Tor Mr.. Weisenfeld to pardon
the president for his illegal oppression, will sigr
1t; but | Will not degrade the name of an Amer
lean citizen BY signing petition TO beg as ia
| he nal
illegally and oppre,sively condemned BY mill
tary commission and that at the hands of the pre-
sdent who twice refused To refer his case to tn
} courts of the United States while open for hi
protection, aud. in the face oil the laws and con
stiiution of the United States subjected him I,
this Illegal persecution. Sir. let him stay Nher
be is till the voice OF public indignation OF III
whispers of conscience compel his honorable dis
charge-not his pardon Till they who Iegal
confined him shall beg him to come forth Mr.
Chairman. the alarming fsct is tl,is-militar
commissions 30 not even profess to be governed
BY the laws of the United States enacted by con
; gress. They have created a department of juris
prudence unknown 10 the laws OF the Untet
States, nowhe embodied in statutes or decisions
called the customs of war
, They try loyal men in loyal states, where d
war rsges, fer violation OF what they call "th
ussges OF wal" Here are the pandects OF tn
future empire OF the United States the rul D,
of the Judge advocate general on 1.-The usag re
and customs of war applied 10 peaceful citi
zeus in loysl states where the courts are open