Year: 1863

THURSDAY, FEBRUARY 10, 1868
IN SENATE.
Mr.. KING presented tue credentials Of the Hon. ED
WIN d. MORGAN elected United States Senator from the
State OF New York for ak from the 4th OF March
Mr.. COLLAMER presented the remonstrance of mem
of the Bar Of the District Of Columbia against the pro-
change in the judiciary and courts Of the District


Mr. WILMOT offered resolution requesting the Presi-
dent II not incompatible with the public interest to fur
nsh the Senate Of the letter of Lieut. Gen Scott to
the Secretary OF War dated 4h October 1861 Adopted
SUSPENSION OF HAHEAs coBpUs
Mr.. TRUMBULL called up the bill for the discharge OF
State prisoners, and offered substitute for the bill.
The substitute gives the President the power, when
Congress s not in session. to suspend the privileges Of the
provides that the Secretaries Of State and War shall fur
nsh to the judges Of district and circuit of the Uni
ted States list OF all prisoners of State and if indc
ment found against them by the grand jury they shall be
discharged.


The vote taken the pending amendment to strike
out the third section OF the original BILL providing for the
suspension Of the writ of habeas corpus Rejected Yeas
l3, nays "a.


Mr. CARLILE offered substitute for the bill, pro-
vidg that after The passage Of the act shall not be law
full for any officer of the United States to arrest or detan
citizen Of the United States for supposed disloyay
except upon oath of some known and any
OF the Government violating this provision and convicted



not less than five years Provides further that the privileges
of the writ of habeas corpus shall not be suspended any
me but nothing in the act shall prevent the arrest Of
person citizen of the STATES in rebellion who may be
charged with treason or disloyalty.


lie said that any Government which deprived the loyal
citizen OF his liberty without due cause, tyranny.


His substitute was designed to protect the citizens of loyal
States The great objection to the fugitive slave law
because did not give the slave the prvie ege of trial
He wanted to give the white man the privileges
claimed for the negro He wanted to see the Gov
Vvpr to mad
an object Of love and not of hate.


Mr. TRUMBULL said of these substitutes was de-
signed to put down the rebellion while the other if not
designed, is calculated to do such thing There have
been doubts whether the President had the power
pend the writ OF babeas corpus and when bill is offered
to delegate this power the President power which
the Constitution provides shall be exercised at proper
times and certainly there greater need for that
| suspension than now-then met by the S. nator
from Virginia with bill to fine and punish officers of the
for arrestng for supposed dsoyay and
trying in that way to put down rebellion Mr. H. briefly
,ned the provisions of the substitute offered by him.
by which disloyal persons might be temporarily arrested
and held r the next sitting OF court having proper ju
risdction of their case


Mr. DOOLITTLE referred to the great difference Of
in regard to where the authority rested to suspend
the writ of habeas corpus and thought it wise declare
by act of Congress that the President authorized to
suspend this writ.


Mr. CARLILE contended at some length that the power
suspendng the writ of habeas corpus vested alone
Congress and if the President had this power
it did not give him any power to make arbitrary arrests
The bill proposes to the President the to make
arrests and to dispense entirely with the judicial depart
ment OF the Government aud deprive the citizen OF his
liberty without due process Of law He had hope that
Unicn could be maintained BY this system of arresng
citizens in loyal States


Mr. BAYARD claimed that the power to suspend the
privilege of the writ of babeas corpus vested alone in
Congress might well delegate all powers of legislation
and thus establish desp0tsm at The decision
the requirements Ct public safety and the length of time
this suspension to last all strictly legislative powers
and Tha of
States meant to to every citizen the privileges
judicial inquiry whenever he arrested and this high
privilege only to be suspended in very extraordinary
and when the public safety required it. This bill
proposes to delegate the President the power to make
arrests for political offences whereas by the Constitution
person should b arrested except for offences known to
the laws He would not say that the President would
abuse any power granted to him. but is that free
try where all power over the whole country is thus dele
gated to any one mani The foundation of every free gov
erument consists n the limitation Of power and the retain
ing of ultimate control in the hands OF the people.


NAVAL APPROPRIATIONS.


On motion OF Mr.. FESSENDEN the bill was postponed
and the naval appropriation bill taken up.


The amendment of the Committee on Finance in regard
to the contracts for iron steamers amended by srk
ing out the provision for examination of plans by three
val officers.


The appropriation of twelve millions for iron-plated
steamers amended to make appropriation OF
three millions for two first clas armorpated steaners
and the appropriation for the purchase and building
pairs charters &C. of additional steamers and vessels on
foreign stations increased from three millions two hun
dred and flty thousand to fifteen millions.


The appropriation for ordnance and ordnance stores
&c. reduced from seven millions to six millions


An amendment was adopted approprating hundred
thousand dollars for marine barracks at Mare leland Ca
forna.


The amendment striking out the provision for sectional
dock at New York agreed to-


The amendment striking out the appropriations for the
Norfolk navy yard and hospital was not agreed to.


Several MINOR amendments were adopted and the bill
passed,


The Senate then went into Executive session after
which it adjourned