Year: 1863

thess powers were not delegated again ONCE ea lha
this writ should be suspended where the courts are
open but what would be the Of such suspension in
any place when the laws could not be execuedf Inc Con
stuton certainly could not have meant 10 apply 10 any
such state OF things as that.


Mr. CARLILE opposed the passage Of the bill, arguing
that il was bill authorize the President to make arbi
trary arrests and to take away all power from the
cal department of the Government and transfer IL 10
another department consisting of one man.


Mr.. HOWARD argued that the power TO suspend the
privileges of the writ of habeas corpus belonged 10 the
President under The Constitution and ne
the expediency of passing act which would sem ke
dvesling the Executive of this power and which mght DC
taken precedent He quoted at some length rom tue
opinion of Attorney General Bates on TINS pont;


Mr.. POWELL said he was astonished that the senator
from Massachusetts should to being called an abo-
htionist The Senator from Massachusetts, denounces the
Democracy Of Kentucky traitors because they want
peace but why does not the Senator denOunce MS aoo
t0n coniedeates who for peace from the beginning
why does not the Senator denOunce Horace Greeley VINO
the first for letting the Southern States co. one OF
the most sensible things Mr.. Greeley ever said. But
Greeley is an Aboonst and the Senator only denounces
Democrats But the Democracy OF Kentucky would notiee
aqgreved ut assaults of that Senators if he had praised
them they might have exclaimed with the Psalmist On
Lord what evil have done that wicked men do praise
me-" The Senator's assaults will elevate those men; his
praise would damn them to political nfamy de would
hur back with the caumnies against the Democracy
of Kentucky The Senator refers TO helts oil Bucbanans
Cabinet but he could tell the Senator that where Buchan
Administration stole dollar this Administrator mas
stolen thousands He argued in opposition the bill that the



in Congress- and could MT be delegated and ought not to
be delegated if it could be- aud under any circumstances
the President had power TO make arbitrary arrests


Mr. DOOLIITLEs said it was understood that the per-
arrested could have been released taking the oath
of allegiance.


Mr.. POWELL said it might be understood, but it
was not the fact.


Mr. DOOLITTLE said he thought he authorized
to say that in relation TO anyarrest which has been made
except in sections where there were actual connlcts oil
arms the prison door has always been open to VINO
.Iaf nafbn faan w a
the proof positive He referred to the arrest OF
rebel detective at hotel in New York He was not
arrested by warrant of law and yet the Senator from
tucky claims that no person should be arrested whout
warrant.


Mr. POWELL claimed that he had never complained
Of the arrest of persons engaged with the army


Mr.. DOOLITTLE. Suppose he is not in arms; Ihs
man not in Suppose he had furnished food or
clothing.


Mr.. POWELL. Then suppose he might be con-
sdered as engaged with the army


Mr.. DOOLIrTLE argued that in time OF war 1t was
absolutely to arrest without the usual war
rant of law Such had always been the practice OF nations
in time of He claimed that 1t for the President
to judge when the public safety required the suspension OF
habeas corpus In of sadden emergency aud danger
he certainly would not be expected to wait for Congress
to meet aud judge of the requirements OF public safety
He quoted at length from decisions OF the Supreme
Court in support of his argument. He claimed 1t was
necessary time of to arrest to prevent their
committing 1t not always possible to wait
till the actual crime committed.


Mr.. HENDERSON said he found that he did not belong
to either party here and he and the Senator from Virginia
(Mr WILEY had formed party of two. But he thought
that if the North could not agree any better hsn they do
the they stop the the better Party spirit
to be rampant ever and he sorry to see
that spirit which could only lead to division. The Sena
tor from Kentucky says he is for peace He lMr HEN
DERsoN) also wanted peace but how would the Senator
from Kentucky obtain it7 Would he withdraw the armies
aud let the rebels advance the capital would he fight
it out In times like taese the Government must be sup
ported aud is dangerous to make the Admins
trait
and the Government In times like these, when the life
of the nation is 1T stake entire unity Of action is
cessay and n this the rebels have the advantage There
he had not voted for but yet he felt 1t was
his duty give honest support to the Government He
could not home and oppose the Government aud create
any 6isoySl feeling in his Safe There must be union
of action and be warned Senators against raising party


feeling and making loyalty aud dsloyay party line, aud
derounc ng all Democrats dsIoya He believed that if


the army went forward and put down the rebeon slavery
was doomed No matter whether any emancipation or
other act issued nothing could slavery un


eas il the Democratic party at the North. There
were at the North who discourage enstments be-
cause they say this lie abolition All this is wrong
Every man should up to the support f the Govern
nent and there should at least be better feeling IN the
Senate He said the rebels could not be starved out They
brave aud would fight to the last Either they must
conquer must conquer There was no such thing as
compromise Cancellation with them. We must, there
fore lay aside these chickering's and address ourselves to
the great undertaking before The Border States have
been nearly ruined by the Missouri has been nearly
DESTROYED If Maryland shall welcome the rebels to her
soil she would be ground to powder There could be no
peace unless the Mississippi river opened II peace
was patched up il would only be temporary lie look
ed forward to restoration of the whole Union; and al
though the stars might be dmmed be believed some
kind Lkand with pencdipped in heavenly light, Will
repant them in all their beauty and oveness once more


Mr. WILKINSON thought the matter was well under
stood There those who wished to put down the
rebellion and those who did not want put down. There
could not be Union here under such circumstances He
believed there wss party in the North who intended to
embarras and oppose the Government in prosecuting the
war He believed Gen. Rosecrans did that the Ken
tucky Convention reasonable There could be but
two parties one for the Government and one against It.
He referred to the speech of the Senator from virginia
(Mr CARLILE) at indianapolis, evidence, as he


thought that the Senator not strongly for the Union
as he was when in the Virginia Convention.


Mr. CARLILE said be had made that speech because


the President had called certain gentlemen around MIN 10
resisting the pressure which was brought against
him by certain Of the radical wing OF the party lie
went West to try TO get them to aid the President aud
enable him 10 resist this pressure.


Mr.. SALISBURY spoke at length against The bill and
in defence of the Democratic party.
At halfpast twelve O'Clock vote was taken on Mr..
CARLrLEs substitute which Tejected-yeas7 nsys29
Mr.. COLLAMER moved to strike out the second and
third sections OF the BILL leaving the rst section which
authorizes the President TO suspend the writ Of habeas
corpus. Rejscted-yeas u, nays 20.


Mr.. RICHARDSON moved amendment limiting the
operation Of the act to the lat Of March 1864 Agreed to
Mr.. HENDERSON offered an amendment confning the
of the Of habeas corpus of
and offences defined by law. Rejected.


Mr.. HENDERSON of-red smother amendment, pro
vdng that person shall be arrested States where
there s insurecton, unless by Of law and
oath describing the offence charged The amendment
rejected


Mr. COLLAMER offered an amendment, so as to ALLOW
the Predent suspend the writ Of habeas corpus with
out making n proclamation Adopted.