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The question being called, Mr. Maxwell's amendment was lost.

The vote was then taken on Mr. Simms' amendment, proposing to repay the principals a fair proportion of the money paid by them to their substitutes, and the amendment was lost by a vote of-yeas, 10, nays, 10.

negro looked sad, and the gentleman enquired engaged for eighty years. They stay in the army the reason. Sambo said he was sorrowful be- till they die or our independence is achieved. cause his old master looked so downcast when These men in the army did not feel it was right he parted with him; that his master had five they should do all the fighting for the protecsons in the army, but never grieved half so tion of their lives and property, and for the much at parting with all of them as with him. lives and greater property of the substitute The patriotic planters would willingly put their men. If it was said these substitute men were own flesh and blood into the army, but when necessary to the subsistence of the army, it you asked them for a negro the matter ap- might, with truth, be replied that they were proached the point of drawing an eyetooth. A not doing anything for the subsistence of the great change had come over the planters with- army. They were speculating-charging from in the last two years. Two years ago, when fifteen to twenty dollars for a bushel of meal, that pink of gallantry and soldierly qualities and upward of a thousand per cent. profit upon was at Manassas, to keep his army from starv- shoes and clothing. Our liberties were inevi ing he wrote a letter to a farmer in Orange tably lost unless we pass the conscript bill—the county, asking him to send him sixty wagon bill of the Military Committee. If we were going loads of corn and provisions; to pay for the to disband the army it was useless to pass any grain and the expense of hauling the same as other measures. soon as he was in funds. On the next Sunday this letter was read at every church in Orange, and on Monday morning the sixty wagons, loaded with corn, were sent to General Beauregard, free of charge, and telling him to keep also the wagons and teams. Such was the patriotism in Orange county then. Now, those very farmers will actually burn their wheat rather than sell it to the Government at five dollars a bushel for the use of their own sons and brothers. They stood haggling about the price of pork per pound when their sons and brothers were living on a quarter of a pound a day, and sometimes had none at all. What had produced such a change in this people? He did not hesitate to answer, an inflated currency. No patriotism could stand an inflated currency. Make money cheap and you make men mean. But the effect had been produced, and when you talked of patriotism, of the planters and bone and sinew of the country, these facts should not be forgotten. Of late a wild spirit of speculation had seized upon the people, which bid fair to work our ruin. This is felt in the army. The soldiers in the army believed they were better than the people at home, but he honestly believed they were no better. If the soldiers were sent home, in the present condition of the currency, they would immediately turn speculators and extortioners. And if the people now at home were put into the army, they would become patriotic. The people, the farmers, have bowed the knee to Baal, and nothing could be done till the currency was reduced.

When the Substitute bill passed, Congress said to preachers, doctors and some others, you are exempt; and to others, you will be allowed to furnish substitutes. But there was no contract between the Government and these men. The contract, if any there was, was between the principals and the substitutes themselves. Government only said, if you can get a man who is not liable to military duty to go for you, you shall be exempt. But now Government wanted them all, substitutes and principals. We are again to conscribe all the men in the army, not for three years, but for the war, if that war lasts, like the contest in which the Dutch republic was

Mr. Orr moved to amend the bill by altering the enacting clause, so that instead of reading "The Congress of the Confederate States do therefore," it should read, "The Congress of the Confederate States of America do." The amendment was agreed to. The bill was then passed by the following vote:

YEAS-Messrs. Brown, Caperton, Clay, Clark, Davis, Dortch, Henry, Hill, Hunter, Jamison. Johnson, of Arkansas, Maxwell, Phelan, Semmes, Simms, Spar row, and Wigfall-17.

NAYS-Messrs. Johnson, of Georgia, and Orr-2

The following is the bill as amended and passed:

A Bill to be entitled an Act to Put an End to the Fr

emption from Military Service of those who have heretofore furnished Substitutes."

Whereas, in the present circumstances of the country, it requires the aid of all who are able to bear arms, enact, that no person shall be exempt from mistery the Congress of the Confederate States of Americes de service by reason of his having furnished a substitute; but this act shall not be so construed as to affect per sons who, though not liable to render military service, have, nevertheless, put in substitutes.

sub

The Conscription Act finally adopted de clared every man between eighteen and fiftyfive years of age to belong to the army, ject at once to the articles of war, military discipline, and military penalties, and required him to report within a certain time or be lia ble to death as a deserter. The whole people were made soldiers under martial law. Me chanics and laboring men would be detailed from the army to work on army supplies. Railroad men, telegraphers, and miners would also be detailed under military rule and on the pay of $13 a month. Government, State, and county officers will be detached from the army. Plant ers likewise sent to oversee the negroes. Al the production and labor of the country was under military control.

CONGRESS, UNITED STATES.-The third session of the 37th Congress* commenced at Washington on the 1st day of December, 1862. For the President's Message, see ANNUAL CYCLOPEDIA, 1862.

In the House, on the first day of the session, Mr. Cox, of Ohio, offered the following resolution:

Whereas, many citizens of the United States have been seized by persons acting, or pretending to be acting under the authority of the United States, and have been carried out of the jurisdiction of the States of their residence, and imprisoned in the military prisons and camps of the United States, without any public charge being preferred against them, and without any opportunity being allowed to learn or disprove the charges made, or alleged to be made, against them; and whereas, such arrests have been made in States where there was no insurrection or rebellion, or pretence thereof, or any other obstruction against the authority of the Government; and whereas, it is the sacred right of every citizen of the United States, that he shall not be deprived of liberty without due process of law, and when arrested, that he shall have a speedy

* The following is a list of the members of both Houses: SENATE.

Maine-William Pitt Fessenden, Lot M. Morrill.
New Hampshire-Daniel Clark, John P. Hale.
Vermont-Solomon Foot, Jacob Collamer.
Massachusetts-Charles Sumner, Henry Wilson.
Rhode Island-Henry B. Anthony, Samuel G. Arnold.
Connecticut-Lafayette S. Foster, James Dixon.
New York-Preston King, Ira Harris.

New Jersey-John C. Ten Eyck, Richard S. Field,* James W. Wallt

Pennsylvania-Edgar Cowan, David Wilmot.
Delurare-James A. Bayard, Willard Saulsbury.
Maryland-Anthony Kennedy, Thomas II. Hicks.
Virginia-John S. Carlile, Waitman T. Willey.
Kentucky-Lazarus W. Powell, Garrett Davis.
Missouri-John B. Henderson, Robert Wilson.
Olio-Benjamin F. Wade, John Sherman.

Indiana-Jos. A. Wright, Henry S. Lane, David Turpie.
Illinois-Orville H. Browning, Lyman Trumbull.
Michigan-Zachariah Chandler, Jacob M. Howard.
Wisconsin-Timothy O. Howe, James R. Doolittle.
Iowa-James W. Grimes, James Harlan.
Minnesota-Henry M. Rice, Morton S. Wilkinson.
California-Milton S. Latham, James A. McDougall.
Oregon-James W. Nesmith, Benjamin F. Harding.
Kansas-S. W. Pomeroy, James II. Lane.

HOUSE.

Maine-John N. Goodwin, Charles W. Walton, Samuel C. Fessenden, Anson P. Morrill, John II. Rice, Frederick A. Pike, Thomas A. D. Fessenden.

New Hampshire-Edward H. Rollins, Thomas M. Edwards, Gilman Marston.

Vermont-E. P. Walton, Justin S. Morrill, Portus Baxter. Massachusetts-Thomas D. Eliot, James Buflinton, Benjamin F. Thomas, Alexander H, Rice, John B. Alley, Chas. B. Train, Amasa Walker, Charles Delano, Henry L. Dawes, Samuel Hooper, Daniel W. Gooch.

Rhode Island-William P. Sheffield, George H. Browne. Connecticut-Dwight Loomis, Alfred A. Burnham, Geo. C. Woodruff, James E. English.

California-Aaron A. Sargeant, T. G. Phelps, F. F. Low. New York-Edward H. Smith, Moses F. Odell, William Wall, Frederick A. Conkling, Elijah Ward, Edward Haight, Charles H. Van Wyck, John B. Steele, Stephen Baker, Abraham B. Olin, Erastus Corning, William A. Wheeler, Socrates N. Sherman, Richard Franchot, Roscoe Conkling, R. Holland Duell, William E. Lansing, Ambrose W. Clark, Charles B. Sedgwick, Theodore M. Pomeroy, Robert V. Van Valkenburgh, Augustus Frank, Burt Van Horn, Elbridge G. Spaulding, Reuben E. Fenton, Benjamin Wood, James E. Kerrigan, Isaac C. Delaplaine, James B. McKean,

Appointed to fill a vacancy occasioned by the death of John R. Thompson

+ Elected by the Legislature in January, 1863, to fill the vacancy occalosed by the death of John R. Thompson.

t David Turpie was subsequently elected by the Legislature to fill the Tacancy temporarily filled by J. A. Wright.

and public trial by an impartial jury of his countrymen; therefore,

Resolved, That the House of Representatives do hereby condemn all such arrests as unwarranted by the Constitution and laws of the United States, and as a usurpation of power never given up by the people to their rulers, and do hereby demand that all such ar rests shall hereafter cease, and that all persons so ar rested and yet held should have a prompt and public trial, according to the provisions of the Constitution. It was laid upon the table. Yeas, 80;

nays, 40.

Subsequently, on the same day, Mr. Richardson, of Illinois, offered the following resolution:

Resolved, That the President of the United States be requested to inform the House what citizens of Illinois are now confined in the Forts Warren, La Fayette, and Delaware, or the old Capitol prison, and any other forts or places of confinement; what the charges are against said persons; also the places where they were arrested. That the President be further requested to inform this House of the names of the persons that have been arrested in Illinois and taken to and confined

Chauncey Vibbard, Jacob B. Chamberlain, Alexander S. Diven, Alfred Elv.

New Jersey-William G. Steele, George T. Cobb, Nehemiah Perry, John T. Nixon, John L N. Stratton.

Pennsylvania-William E. Lehman, John P. Verree, William D. Kelley, William Morris Davis, John Hickman, Sydenham E. Ancona, Thaddeus Stevens, James II. Campbell, Galusha A. Grow, Charles J. Biddle, Joseph Bailey, Edward McPherson, Samuel S. Blair, Jesse Lazear, James K. Moorhead, Pobert McKnight, John W. Wallace, John Patton, Elijah Babbitt, J. D. Stiles, John W. Killinger, Hendrick B. Wright, Philip Johnson, James T. Hale, John Covode.

Maryland-Cornelins L. L. Leary, Henry May, Francis Thomas, Charles B. Calvert, John W. Crisfield, Edwin H. Webster.

Virginia-Charles II. Upton, Jacob B. Blair, Joseph Segar, William G. Brown, Kellam V. Whaley.

Ohio-George H. Pendleton, John A. Gurley, Clement L. Vallandigham, William Allen, James M. Ashley, Chilton A. White, Richard A. Harri on, Samuel Shellabarger, Warren P. Noble, Carey A. Trimble, Valentine B. Horton, Samuel S. Cox, Samuel T. Worcester, Harrison G. Blake, James R. Morris, Sidney Edgerton, Albert G. Riddle, John Hutchins, John A. Bingham, Robert H. Nugen, William P. Cutler.

Kentucky-Charles A. Wickliffe, George W. Dunlap, John W. Menzies, Aaron Harding, Samuel L. Casey, George H. Yeaman, Henry Grider, Robert Mallory, John J. Crit tenden, William H. Wadsworth.

Tennessee-Horace Maynard, A. J. Clements. Indiana-John Law, James A. Cravens, W. McKeo Dunn, William S. Holman, George W. Julian, Albert G. Porter, Schuyler Colfax, William Mitchell, Daniel W. Voorhees, Albert S. White, John P. C. Shanks.

Illinois-Elihu B. Washburne, Isaac N. Arnold, Owen Lovejoy, William Kellogg, William A. Richardson, James C. Robinson, Philip B. Foulke, William J. Allen, Anthony L. Knapp.

Missouri-Francis P. Blair, jr., Elijah II. Norton, John W. Noell, James S. Rollins, William A. Hall, Thomas L. Price, John S. Phelps.

Michigan-Bradley F. Granger, Fernando C. Beaman, Rowland E. Trowbridge, Francis W. Kellogg Iowa-William Vandever, James F. Wilson.

Wisconsin-John F. Potter, Walter McIndoe, A. Scott

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in prisons outside of the limits of said State, and who have been released, what were the charges against each of them, by whom the charges were made, also by whose order said arrests were made, and the authority of law for such arrests.

It was laid on the table. Yeas, 74; nays, 40. In the Senate, on December 2, Mr. Powell, of Kentucky, offered the following joint resolution, which was read and laid over:

Whereas, many citizens of the United States have been seized by persons acting, or pretending to be acting, under the authority of the United States, and have been carried out of the jurisdiction of the States of their residence and imprisoned in the military prisons and camps of the United States, without any public charge being preferred against them, and without any opportunity being allowed to learn or disprove the charges made, or alleged to be made, against them; and whereas, it is the sacred right of every citizen that he shall not be deprived of liberty without due process of law, and when arrested shall have a speedy and public trial by an impartial jury; therefore,

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That all such arrests are unwarranted by the Constitution and the laws of the United States, and a usurpation of power never given by the people to the President or any other official. All such arrests are hereby condemned and declared palpable violations of the Constitution of the United States; and it is hereby demanded that all such arrests shall hereafter cease, and that all persons so arrested and yet held should have a prompt and speedy public trial according to the provisions of the Constitution, or should be immediately released.

Mr. Davis, of Kentucky, offered the following joint resolution, which was also laid over:

Resolved by the Senate and House of Representatives, dr., That it be and is hereby recommended to all the States to choose as many delegates, severally, as they are entitled to Senators and Representatives in Congress, to meet in convention in Louisville, Kentucky, on the first Monday in April next, to take into consideration the condition of the United States, and the proper means for the restoration of the Union; and that the Legislatures of the several States take such action on this proposition as they may deem fit at the earliest practicable day.

On the same day, Mr. Sumner, of Massachusetts, offered the following resolution, which was adopted:

Resolved, That the Secretary of War be requested to furnish to the Senate any information which he may possess with reference to the sale into slavery of colored freemen, captured or seized by the rebel forces, and to state what steps have been taken to redress this outrage upon human rights.

Mr. Clark, of New Hampshire, introduced a joint resolution, approving the policy of the President in setting slaves free in insurrection ary districts, which was read twice, and laid

over.

In the House, on the 4th, Mr. Wickliffe, of Kentucky, offered the following resolution:

diers, and assistants under his control. Fifth. Whether the said office of military governor has interfered with and obstructed the administration of justice and law by the civil or judicial tribunals within the District of Columbia. State the case and facts of such obstruc

tion. And if, in the opinion of the committee, such officer hibiting his existence and the exercise of power by is not provided for by law, that they report a bill prohim.

It was moved to add to the second inquiry the words, "in the said District, or in the State of Pennsylvania, or in any of the United States." The resolution and amendment were laid over. Yeas, 85; nays, 46.

Mr. Stevens, of Pennsylvania, offered the following resolutions, and moved their postpone

ment:

Resolved, That this Union must be and remain one and indivisible forever.

Resolved, That if any person in the employment of the United States, in either the legislative or executive branch, should propose to make peace, or should accept, or advise the acceptance, of any such proposition on any other basis than the integrity and entire unity of the United States and their Territories as they exist ed at the time of the rebellion, he will be guilty of a high crime.

Resolved, That this Government can never accept the mediation or permit the intervention of any foreign nation in this rebellion in our domestic affairs.

Resolved, That no two governments can ever be permitted to exist within the territory now belonging to the United States, and which acknowledged their jurisdiction at the time of the insurrection.

Mr. Wickliffe: "If in order now to amend the resolations, I offer to add the following words:"

That any officer of the United States, either execntive, legislative, or judicial, who is opposed to close the present war upon preserving the Constitution as it is, with all its guarantees and privileges, and the union of the States as established by said Constitution, is unworthy to hold such office, and should be dismissed or removed from the same.

The Speaker: "After a motion to postpone, it is not in order to move an amendment." The motion to postpone was agreed to. On the next day Mr. Vallandigham, of Ohio, proposed the following resolutions as amend

ments to those of Mr. Stevens:

1. Resolved, That the Union as it was must be restored and maintained one and indivisible forever un

der the Constitution as it is-the fifth article, providing for amendments, included.

2. Resolved, That if any person in the civil or military service of the United States shall propose terms of peace, or accept or advise the acceptance of any such terms, on any other basis than the integrity and entirety of the Federal Union, and of the several States composing the same, and the Territories of the Unien, as at the beginning of the civil war, he will be guilty of a high crime.

3. Resolved, That this Government can never permit the intervention of any foreign nation in regard to the present civil war.

Resolved, That the Committee on the Judiciary be 4. Resolved, That the unhappy civil war in which instructed to inquire and report to this House on the we are engaged was waged in the beginning, profess following subjects: First. Under what law there has edly, not in any spirit of oppression or for any purpose been appointed a military governor for the District of of conquest or subjugation, or purpose of overthrowing Columbia. Second. What powers does he possess or or interfering with the rights or established institutions exercise, and by and under what law has he derived of those States, but to defend and maintain the suhis power. Third. What salary or compensation is premacy of the Constitution and to preserve the Union paid him, and out of what appropriation. Fourth. with all the dignity, equality, and rights of the several What is the entire annual expense of such military States unimpaired, and was so understood and acceptgovernor, including all sums paid for quarters, guarded by the people, and especially by the Army and Nahouses, and prisons, and for house rent, servants, sol- vy of the United States; and that, therefore, whoever

shall pervert, or attempt to pervert, the same to a war of conquest and subjugation, or for the overthrowing or interfering with the rights or established institutions of any of the States, and to abolish slavery therein, or for the purpose of destroying or impairing the dignity, equality, or rights of any of the States, will be guilty of a flagrant breach of public faith and of a high crime against the Constitution and the Union. 5. Resolved, That whoever shall propose by Federal authority to extinguish any of the States of this Union, er to declare any of them extinguished, and to establish territorial governments within the same, will be guilty of a high crime against the Constitution and the 6. Resolved, That whoever shall affirm that it is competent for this House or any other authority to estabfish a dictatorship in the United States, thereby superseding or suspending the constitutional authorities of the Union, and shall proceed to make any move toward the declaring of a dictator, will be guilty of a high crime against the Constitution and the Union and public liberty.

Union.

The resolutions were laid on the table.

Yeas, 79; nays, 50. On the same day, Mr. Morrill, of Vermont, offered the following resolution:

Resolved, That at no time since the commencement of the existing rebellion, have the forces and materials in the hands of the executive department of the Government been so ample and abundant for the speedy and triumphant termination of the war as at the present moment; and it is the duty of all loyal American citizens, regardless of minor differences of opinion, and especially the duty of every officer and soldier in the field, as well as the duty of every department of the Government the legislative branch included-as a unit, to cordially and unitedly strike down the assassins, at once and forever, who have conspired to destroy our Constitution, our nationality, and that prosperity and freedom of which we are justly proud at home and abroad, and which we stand pledged to perpetuate forever.

This resolution was adopted by the following vote: Yeas, 105; nay, 1--W. J. Allen. Subsequently, Mr. Cox, of Ohio, offered the following explanatory resolution:

Resolved, That the word" assassins," used in the reselation this day offered by the member from Vermont, [Mr. Morrill), is intended by this House to include all then, whether from the North or the South, who have been instrumental in producing the present war, and especially those in and out of Congress who have been guilty of flagrant breaches of the Constitution, and who are not in favor of the establishment of the Union as it was and the Constitution as it is.

This resolution was laid on the table. Yeas, 85; nays, 41.

In the Senate on the 8th of December, Mr. Saulsbury, of Delaware, offered the following

resolution:

Resolved, That the Secretary of War be, and he is Lereby directed to inform the Senate whether Dr. John Laus and Whitely Meredith, or either of them, izens of the State of Delaware, have been arrested and imprisoned in Fort Delaware; when they were arsted and so imprisoned; the charges against them; by whom made; by whose orders they were arrested and imprisoned; and that he communicate to the Senate all papers relating to their arrest and imprison

ment.

Mr. Saulsbury, in calling for the consideration of the resolution, said: "These two gentlemen, one of whom resides in my own county, and the other not far off, in the adjoining county, are

known to me personally, and have been for a number of years; and as their friends do not know of any just cause why they should be imprisoned in Fort Delaware or elsewhere, I have felt it my duty to call for this information. I hope the Senate will not perceive any reason for refusing to comply with this request. If they are there properly, if they have been guilty of any attempt to subvert the Government, if they have acted traitorously in any respect, their friends do not know it; I do not know it, and I do not believe it. They have been in Fort Delaware now for some time, and neither themselves nor their friends have been apprised of any cause for their arrest, or of the reasons upon which the arrests were made."

Mr. Wilson, of Massachusetts, opposed the adoption of the resolution, saying: "I think the Senate of the United States ought not to be engaged during this brief session in calling upon the Government for this kind of information, or in arraigning the administrators of the Government. We have had some arrests made, and it is possible there may have been some mistakes made; but I believe that instead of the few hundred arrests we have had, we ought to have had several thousand, and that not one man in ten who ought to have been arrested, has been arrested. I know the Government of this country has forborne a great deal. Adopting this resolution at this time looks to me as a sort of arraignment of the Government of the country for making these arrests-arrests that have done much toward maintaining the just authority of this Government. Never since the dawn of creation has any Government menaced by insurrection or rebellion been so considerate, so forbearing, so just, so humane, so merciful. While spies and traitors are skulking around us, ready to destroy the life of the nation, I am unwilling to censure the Government of my country for protecting the nation menaced by assassins."

Mr. Bayard, of Delaware, thus urged the resolution: "I always supposed that the great value of this Government consisted in the fact that it afforded, beyond all other Governments, the best guardianship to the liberty of the individual citizen. Sir, what is the state of things now? The honorable senator from Massachusetts tells us that, in, his opinion, the Government have forborre; that some mistakes may have been made in making arrests, but that they ought to have gone farther than they have gone. The question does not lie there. The question lies in the great principle that the liberty of the citizen ought to be protected against the Government, except by public judicial inquiry on facts prima facie established by affidavit in order to justify his incarceration, because incarceration is imprisonment, it is punishment. In no free Government can the citizen be arrested at the will of an officer-I do not care who the officer is, whether a Secretary of War or a Secretary of the Navy, or any subordinate to whom a Sec

retary chooses to delegate the power; and it is impossible to call the Government where such a power exists a free Government."

Mr. Doolittle, of Wisconsin, thus objected: "Mr. President, this complaint of the great oppression of this Government because, in time of war, men have been arrested under circumstances to raise suspicions of their loyalty, it seems to me is not very well founded, so long as the prison door is open to all arrested upon suspicion only, if they will simply take the oath of allegiance and to support the Government. I think, sir, I am not misinformed in this respect. There has been some complaint, and with more reason, perhaps, made against the Government because it has been too lenient toward men who have been notoriously engaged, in sympathy and in act too, with the traitors against the Government; and the complaint has been, not because suspected parties have been arrested, but because the guilty have not been shot or hung; that the prison door has been opened too easily to many of these men."

Mr. Saulsbury, in further urging the adoption of the resolution, stated as follows: "We do hold that a State situated as we are, where there has never been any attempt to resist Federal authority, should have some consideration in the American Senate. But, sir, I tell the Senate that at our last general election armed soldiery were sent to every voting place in the two lower counties of the State of Delaware. I am informed that this soldiery consisted of men from New York, from Pennsylvania, and from Maryland. When I went to vote myself, I had to walk between drawn sabres in order to deposit my ballot. Peaceable, quiet citizens, saying not a word, on their way to the polls, and before they had got to the election ground, were arrested and dragged out of their wagons and carried away. Peaceable, quiet citizens were assaulted at the polls. I do not, however, propose to discuss these matters now; I may do so hereafter. I simply wish to call the attention of Senators to this fact, which distinguishes us from States that are in revolt: we have offered no resistance to Federal authority."

Mr. Bayard, in reply to Mr. Doolittle, said: "He tells us he thinks the Government has been too forbearing; that men ought not only to have been arrested and imprisoned, but that they ought to have been shot or hung. Shot or hung in this country without a trial? Shot or hung, according to the generality of his language, "for sympathy?" Is that the state of things throughout the United States? Is that what we are to expect to see established in this country-that sympathy is to be the ground on which a man is to be hung? You may charge sympathy on a man because he differs from you in opinion. Suppose a man believes that the restoration of the Government of this country over the revolted States cannot be effected by war; the Administration

may say that is an evidence of sympathy with rebellion, and hang a man for that! That is the doctrine, as I understand it. It seems to me that there could not possibly be a form of Government more despotic in its characterand I might use a much stronger term—than a Government that would carry out such a principle as that in action."

Mr. Doolittle immediately rose to explain, saying: "I did not intend to be understood that men who are arrested should be either shot or hung without trial. If anything that I said led the gentleman from Delaware to suppose such was my meaning, I did not express myself as I intended. I simply say that the complaint against the Government is that they have not been either shot or hung. I ought to have said, perhaps, tried, shot, and hung."

Mr. Hale, of New Hampshire, thus expressed his views: "I have regretted the exercise of this power from first to last; but, sir, I will say that where the emergencies of the country are such, and the condition of things is such, as to justify a resort to extraordinary proceed ings for the safety of the Government, I am willing that the Executive should act upon that old maxim, which, translated into plain English, is, "The safety of the republic is the supreme law." I confess, for myself, that nothing in the whole history of the war has so embarrassed me, has left me in such doubt what course to take and pursue, as questions of this character. I have as earnest a de-ire for the preservation of the Constitution in all its intregrity as anybody else; and it matters not to me whether victory or defeat attends our arms, if, when the war is over, it does not leave us a constitutional Government. We are at war for that, sir; and I hope we shall make every sacrifice that is necessary to sustain it. That being our object. and our end and our aim, I would not now, while the enemy is in the field, and while the contingencies of battle are pending, and the issues of life or death are suspended upon the result, impede or hinder those who are charged with the execution of the laws by inquiries which are not vital to the Government. I do not look upon this as so, because I believe it is one that belongs to the judiciary to examine and settle; and if any body has made an attempt to apply that remedy and has failed, it will be time enough then to look to some ulterior course."

Mr. Bayard, of Delaware, in reply said: "The President of the United States-rightly or wrongly is immaterial; I am not going to enter into that discussion-has asserted the right to dispense with the law which requires the habeas corpus to be issued in any case of judicial arrest. He has claimed that right; he has exercised that right. He has openly, through the Secretary of War, issued a proclamation which virtually subverts this Government, if carried out in practice; because the Secretary of War is authorized to appoint an indefinite number of men, constituting a corps of provost

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