Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-01-25

pTf~Ous % aeafuEtou. huQ the Lttlff OF Aut
charges preferred against them. We produce the
remarks Of Hon. HEsRY WlsrKE DAVIS upon the
occasion. Who j. regarded s. one Of tie staunes-
cs1 supporters Of The administration N The House,
r IN condemnation Of the violation OF the liberty
Of the citizen
suppose IL i the right Of the House OF Rep
.e-entatircs, and more than its right. it, duty. TO
see that the liberty OF the citizen is not uDlaw
fully violated II persons have been confined IL
the~e prisons beyond the period allowed by law.
We are entitled 10 know IL. that We may apply a
remedy. III per-ous arc there confined. under the
Discretionary order OF the president. which dis
cretion ~e have conferred upon him by the las
suspending the writ OF habeas corpus that is IN
adequate and conclusive reply to any inyestiga-
ton. IL any officer OF the army has been arrest
ed. not under the Discretionary power conferred
. upon the president, bat in the administration Of
4 the ordinary lsvsS0r the government OF the
army. there is a law that entities him 10 trial OF
70 bis discharge at the expiration OF a certain
period Of time if be be not tried and l under
stand the gentleman from New York Mr.. Gan
son to have said that within his knowledge there
IL one case of that kind.
Mr.. Carson. l know Of two such cases.
Mr.. Davis. The honorable gentleman states
- that he knows OF two such cases. My impression
is that il is likely there are other cases OF this
kind: Aad one such case j~nstifes and requires the
adoption Of the resolution.
There is another ground upon which. in my
Judgment. it ought to stand. The Law suspend
ing the writ of habeas corpus in some respects. IN
my Judgment, too much limited the discretion
which ought TO have been conhded TO the presi
dent when that writ was suspended; yet, being
the law Of the land, it must be obeyed, and |
@hak-I had almost said With nv knosIedgs-
it has no; been obeYed-
TIE reason for the suspension OF the writ Of
hsbeas corpus was not TO enable the president 10
arrest persons guilty OF any crime known 10 the
Law and punishable By law, for which adequate
evidence existed to carry the cases before the
courts Of the United States. but it was because
in times of revolution and public danger there are
persons Of dangerous influence engaged in plots
and preparing Instructions, centers OF secret in
formation aud communication with the enemy.
known but not proved, or so imperfectly develop
ed as not to be. perhaps. the subject of criminal
process. vet so dangerous and so pressing "a to
require swifter and freer measures OF prevention
than judicial forms sfford-discretionsry execu
tive power. precautionary. not punative; execu-
tive, and not ludicial-and IL is this power which
the act suspending the habeas corpus has con
hded TO the president.
= When the safety OF the republic requires il,
the right Of the citizen to judicial guarantees
must be subordinate to the public safety. This
il a case OF adverse dangers, where a choice OF
evils alone is possible: and this discretion can be
nowhere so safely vested as in the president.
But this great discretionary power over the lib
erty Of the citizen Is not a substitute for the ad-
minisiration of the criminal law. Ii Is a grave
abnse 10 use IL for any such purpose. lt Is 20
lficaI in is character, merely precautionary. to
avert dangers. not to punish crimes; il looks 20
the future. not 10 the psst: il Is in war and on
grave political dangers what security to keep
the peace is ia the daily administration Of jus
tice.
When the writ OF habeas corpus is suspended
II is suspended in order to deal with cases that
cannot. in the nature of things. be dealt with
before the ordinary courts of Justice; for thcy
deal With acts and the psst, while this prevents
the accomplishment Of purposes and looks to the
r future
The law which was passed. while il suspended
the writ Of habeas corpus. suspended Il under
limitations which. very possibly, may, nav must,
in many ctses where the exercise OF the discTe-
ton IS proper, defeat lis end by discharging TN,
prisoner before the danger is past But being
a latr, il must be obtyed. 1t it take away OF
limit a discretion necessary to be vested in tn,
president Tor the purposes of that act. i an ready
here TO day TO modify that law. But whild il Is
the Law, let IL be obcyed.
That law reqsires that any person who has
been arrested under the order of the president
or OF any military ofieer-events that must, il
the course of such a Wat as this, occur, and lie
Ultimately occur. every sy-ms be held for d
certain time in con dnement. But when persons
are arrested IN a state where courts OF the Unit
ed States are o~pen-where there is q government
recognized by the United States, and there Is no
rebellion disturbing the ordinary administrator
OF the law-the sct provides that the names OF
all persons arrested shall be reported to the
Judges OF the circuit and district of courts of the
United States. and after a grand jury shall have
once met and adjourned without bad ng an in
dictment against them. they shall be discharged
unless they are prisoners OF war. or refuse the
oath of allegiance. or fail TO give security fire
quired by the court.
Now, il will be readily seen that that will ap
ply a remedy in the case of a very great number
of a-rrests-justifi able, il may be, at the time
when they were made, bu, not justifable in their
rOlong ed Imprisonment IL is equally certain
that there may be cases IN which obedience 10
that law may seriously impair the authority
conferred upon the president for great public
purposes. For there may be persons, as in the
case of Mr.. Vallandigham-I refer TO his case.
simply for the sake OF illustrations, and without
meaoing 10 express any opinion upon his guilt OF
innocence in any way-there NAV be persons OF
great influence, supposed TO entertain sinister
designs, plotting and c0nspiring against the
government. vet not within the range OF an IN
dictment, not subject to trial before a court, We
the control of whuse persons may be vital q
the safety of the people. A person OF that sort
would, under the exlstIag law. II IL be obeyed
land while Il Is the law IL should be Obeyed, an,
this House ought torcompel obedience 10 il,
be discharged after the fTst meeting Of a grand
jury, should the grand Jary fail 10 indict him
aud it could not indict him for an intent without
an act, and an act defined 10 be n crime arc
proved by legal testimony.
Nov. | am ready to-day to vote TO enlarge th'
liberty which is conferred upon the president il
the manner described by me but | shall vot,
with the gedtleman from New York To stop TIT
abuse OF continued. perpetual. aud reiterated Dis
ooedtebce TO that law. while II IL the law upor
the ststnte-boOk, disObedience not excused by
aay public necessity, Dot in cases when the pur
poses OF the act are dehued by It's provisions -
Sir. there are not a few persons in illegal con
hnemeDt IN Maryland. and in many OF the north
ern states, some on no specified charges, some OF
illegal convictions by military commissions. sOG'
illegally held for trial before Illegal military com
missions. not liable To their jurisdiction. for OF
lenses punishable by the laws Of the Unite.
States upon indictment before the courts Of th,
United States. and not cognizable by militar'
commissions and many for acts no, crimina
under any iaw Of the United States vet | know
OF 10 such list A. the law requires ever benz
furnished TO the Judge. nor of any one discharge
on his order. Though more than one grand jur
has met and adjourned
sAs let this committee 20 aud examine N
facts aad spread them before the American PEG