Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-04-28
THE a 81 W.. e cG srEWART. :.

TIE HABEA8 Co1PuS-SPEEOh
or VIZ =. ST8WAHT. =
On the Sd of March last Rsverdy
johnson, in the Upised States Senate
rsi.ed the old QUESTION of the suspension
of the writ ofGabeas eOrPS'. and oera'su
the Administration fearfully and wonder
tu,lx thereon. He was troubled with q
| horrible attack of 81 violation OF the con-
| ,,;,u,ion"-had it bad. He said:
vpou that every citizen Of the Uni
"a S,.tes il to be dragged before q military
,r;h.n.l is 90 say that our iatnefs fought cu-
~, ,he Revolution in vain. We are now,
- iono as this state OF things lasts, IN no
/ hetter condition than the subjects OF the
Turtish empire NOT In - good condition
l. ,hs subjects Of the Emperor Of France, il
any one can, at the instance OF any detective
of the Government, be cast into prison, and
whenever he may think proper. OF the mill.
tary may think proper, brought out and tried
by a military commission who do not know
what the rules Of evidence are, or who, II
they do know, in general disregard them. l
have done, SIR.
whereupon "Bill Stewart got after
him in this wise:
Mr.. STEWART. do not desire to make a
speech on this subject; but I think this Sec
ton Is Of such remarkable character that il
ought not to pass without protest or COM
ment The section implies, IN the first place,
that there is an evil which Congress Is called
upon TO redress; wrong that demands this
action on our part; that the Administration
Is committing such outrages that it Is neces.
sary for Congress to inteTpose and prevent its
carrying out the policy which il has been
Carrying uut for years. We are called upon
here to pass a vote Of condemnation upon
the Administration Of the country for the last
four years. On the last night Of the session
we are called upon to admit as true what was
charged upun US in the canvass, and what
we met upon every stump throughout the
United States, that the Government Of the
United States has become despotism that
they are guilty Of arbitrary arrests and unjust
punishmenls. We eombatted that charge
throughout the presidential canvass; and We,
some of whom were elected on that very is
sue, are now called upon, repeat, at the
close Of the session, to admit that our enc
mics were right and we we're wrong. II is
no new thing. Il Is the issue that was made
in the last canvass before the people, aud
upon which the verdict Of the people was
rendered. verdict grander in its character
and more sublime IN conception than any the
world has ever seen; Of free people, after
four years of trial and Of war, going forward
to the ballot-box, and b. the ballot box de-
clarinS that condition Of things should be
continued. The reason Why that verdict was
east was because American people loved the
Constitution and the laws. They loved that
Constitution that gives them the right OF
trial bv jury. They loved thar Constitution
which enables the Government TO maintain
its own existence. They believed that the
Constitution, when fairly construed, does en-
able this Government to defend itself against
its enemies. -a-.rs
Nov, look at the cunning, may say the
very artful, construction here intended to be
given. It is said that this section is a fair
construction Of the Constitution. / have
only examined this question since It has been
brought up here, and I did not know that
such u question could be brought before US
until this evening. II is said thar this section
is Just exposition Of the Constitution that
the Constitution only allows those actually
mustered or commissioned into the military
service, or those charged with being spies, TO
be tried and punished BY military commits
Sions I should like TO ask, where do you
find in the Constitution = provision whereby
thuse who are charged with being rebel spies
can be punished by military commission
If the construction which the gentleman from
MARYLAND seeks to place on this instrument
means that none except those in the military
or naval service shall be tried and punished
by military commission, where do you ind
the authority to punish spies: "Oh," It is
said, "but they are rebel enemies; we have
got to give the Constitution some construe-
"a. l. vhaRt
il has not provided for every contingency Of
war; il dues not contain the full Articles Of
War we must give il u reasonable construc-
ton il must include rebel spies (; il would be
unreasonable to say otherwise" Very well /;
il il would be unreasonable TO say that it does
not include rebel spies among those who may
be tried and punished by military commits
sim, il it not equally unreasonable to say
that il 'es not include secret enemy that
has not declared himself rebel, but who is
plotting the ruin Of his countrys
Mr. President, bur for the suspension Of
the writ Of koAsas eorpus, but for the strong
arm Of the war paWer, but for the enforce
ment Of thar power in this country, there
would be no country TO- day. We should not
be here tonight but for the exercise Of the
war powers. Before we deliberately come
forward and, in face Of the verdict Of the peo-
pie, cenSure an administration Inat mas ueiu
the helm of the ship Of State through this
terrific storm, this great trial OF republican
institutions, which in the end promises so
much for the cause Of human liberty, and de-
clare that the exercise Of this military power
for the preservation Of the nation, for the
preservation Of the great Republic, has been
wrong. violent, oppressive, and wicked, let
us pause. am not prepared to take such a
step.
A majority Of the Senate saw it in the
same light with Mr.. Stewart. and the
honorable gentleman from Maryland "took
nothing BY his notion" - d