f ait iihiahiMlNT
inethat they pioteagainst with more earnatn-, 1
ness, with more zeal, with more energy, and,
peti urth !
re
were stimulated a i
more tion, than the idea that they were a
-4
boring for. independence , or
lusrof ambition or of power. No, - iiir; it wr it or-
the high and the holy purpose of securing coffin- 1
tutional libertreegulated by law. It wait for Oat
. high purpose that they banded together, anq it ,
.was that principle that , brought this nation t,pto '
being. And, sir, if the day ever arrives in f the
history of this country when coastitutional lib
erty. regulated by few, cannot exist, let the nation
die, let it perish,let its name and memory be knot
ted from the catalogue of the nations of the ear th;
for it has failed of its high mission, is faithleati to
the principles which.gave it birth, and is warding
in all the elements of its life and its power. What
are, you fighting for to=day; why are your ships
of war on the high seas; why have your hunditds
and thousands and hundreds of thousands of lien.
left their plows in the furrow, and their fields un
reaped? Why have Mechanics left their benlhes
and gone out, exposing their living breastle;tis a
bulwark of defenseroundabout . this temple otlib- ,
erty, but that they may preserve -consututipnal
liberty, regulated by law That is it, air. That
is the beginning and the end of' this nation,'and
that is its high mission t and if it does not iindi
cote that, it had better never have been bornnnd
British arms had better have.crushed the •elsel
forcei when they first arrayed themselves against
- its power, than to have achieved their indetlend
ence; and we to - have lived nearly a century, 'Cildy
to surrender up that great boon of constitutional
liberty; regulated by law, to any power otliany
officer on earth. ii. .;
Well, sir, what is the purpose of-t hi s invtry?
• Have not arrests been made in violation df. fili
grees prineiiiies of our Constitution? If they have : ,
let us know tt, andletuh know the necessity iilihich
impelled them. If the fact lie that such arrestitave
heen made, and if the necessity exists upon thich
they weramaile, then I trust there is maknaminity,
- there is justice, there is patriotisra , there is Co ibear
mice enough in this Senate and in this Congress •
to throW the mantle over'every act that hastbeen
prompted by a patriotic impulse to 'Serve tliT na
tion and preserve Its liberties. You may L.:anti : our
•
victories on the sea, you may sweep the eltemy
from the broad ocean and fromall its ands and.
all-its rivers, until you may hoist, as the lletch
atliniral once hoisted- at the head of his flagstaff,
a broom, indicative that you had swept the-Pecan
of your foes, and you may crush every rebo that
. is arrayed against you and utterly
,breaki.their
power; and when you have done all that4When
. you. have established a military power soch as
the : earth never saw, and a • naval pottier such as
England never itspir6d. to be, and constitutional
liberty shall be buried.amid the ashes °filth con
flagration in which you have overcome mid 'de
stroyed your foes; then, sir, you will harthgot a
barren victory, and with all your glory ydli will
have but achieved-your everlasting shame..]
I desire with a jealous eye to watch eve t hing
that looks lik en encroachment upon the 1 arty
of the citizen. I know Very well thatdhos§ who
are disposed to do so may question the wisdnm'or
the patriotism of the remarks which I am making.
I 'care not for that, sir. I believe the time defhands
it; and if things go on as they have gone I Atoll be
compelled to say something farther milli:but 1
. Will soy this: I do not want to cripple, butiwant
to strengthen the arms of this Government, I db
not want to call them to an account beyond that
which I .feel it is ourdmperative duty to do.',q3ut I
want that energy and that vigilance and thaelioteer
which are to he put forth 'to be stretched ncross
the Potomac south instead of north.
i.-
The honorable Senator from Massachusetts at
the head of the Military Committee says that be
believes these arrests have dope more toisweore
the liberties of the countrythan!all that thelArmy
has done. I shall not question that. ]Laughter;]
It maybe so. But if I can stand here two rhenths
• from to-day—God knows whether we shall be ih
the land of, the living or not—but if two tiontlis
-from tid-daYthat remark Of the Senator froni:Mas
sachusetts be as-true as it is now, I tell ydu, sir,
you will find • an enemy against you compared
with which the Army on the other - side iof the
Potomac is nothing. Sir, I do not belieie that
everybody who is connected with . the admihistra
tiorrof this Government understands the Chillactor
of the issue, in which we are engaged; butt ven
ture to predict, though I am not a prophet;that ;if
the American people, who are pouring out-block!
and treasure with a heartiness and a williagneili;
that no other'people on the face of God' earth
ever did, shall find in the future that the have
been trifled with, that imbecility and ind tisidti
1 ,
- have stood' in the place- of courage and manly
energy and perseverance, and osetwins,vi4orous,
energetic prosecution. of this war, there will be
such a storm come upon. your heads as ltistoo
has never yet recorded; and it does not ,ii..•arit;a
-very great degree of faith to hear the distant- . rurh
•7 Wings of that thunder-storm that will overibeltn
the Administration and the party in power if the:) ,
do not see the things that belong to the dhy and
the hour before they are hidden from their:eyes; •
Now, sir., I care as little as any.man abdut any
comments that arc made on the poor speeches that
I make. I owe it, in justice to those who sent ri f e
here, and to whose abiding .e.onfidence I ism iii-.
- . dated for the privilege of saying what I do here
to-day, to say that there is no man on this floor
who- represents 'a more loyal, a more brave, and .
. a more determined people than is the constituency
which I have the honor, in company with nty .
-friend and colleague, to represent. Sir , 'NOY
flampshire is a small State; but she is bounded
by the Atlantic on the one side, and Ekitiali• Amer
icacin the other; and no enemy has ever yet pressed
his footsteps on her soil; and her men will go forth,
. ~ .
and what treasure she has will be poured mit,'
without measurb and without stint, to sustain this'
Administration; but I will tell you upon what thify
sustain it, and upon what alone. It is a vigorous
'prosecution of this war. Sir, they do not belieVe
that it is to be done by carrying out what Diekehs
says is the great theory of the- British constitu
tion: "how not to do it." That; he soya, is the
great art,. secret, purpose,and theory of the Brit
ish cons titution, " how not to do it. That is Pot
the way iii which the people that I represeht pro ,
pose to support this Administration and this GOv
ernment.' They believe that the ikir has_ come,
s the trial hour of the destiny of this nation-is upbn
us, and woe be unto us, and woe be to theta who
stand as our leaders, if we do not appreciate the
day and the hour of the crisis of our destihy. i
The Senator has said that we -were defeatekat
'Bull Run. So we were; and Bull Run hits been
to this Government what the Hartford convention ',
was to New England politicians. It has cast ins
shadow over the land ever since; but I tell you we
can stand another Bull Run defeat better than We
- can stand any halting by the American Sonata to
. inquire fearlessly,manfully,and as we ought, into
the doings of the Army, the Navy, the President
and all his Secretaries; and when we have gut it
before us, let us trust to our discretion and our
patriotism that we will do what belongs 'to Serie
' tors and to-patriots.
I need not say, sir, that in submitting_ the fee'
remarks that I have presented I have intendedim
personal unkindness or disrespect to any huntan
being. I have felt impelled by a solemn sensti.of
what I owed 'to my people and my country to say
what I have said, and I feel when I have sat dotien
"as if my prayer to God shOuld be not to forgive
me for what I have said, but for what I have left
unsaid. ,
~
Mr. KENNEDY. Mr. President, I . do hot
know that'! could add one word to the •Ornolls
that have been made by the Senator from New
Hampshire, if I felt so disposed. I do 'riot rise
'now for the purpose of eqtering into any, delAtte
non the propriety of this resolution, but 'simßly
'to express to the senator from Illinois my hearty I
• thanks fol. its introduction at this time. I believe
it to be eminently proper and jtist.• I think that
the condition of the country, and especially'. of
the loyal States, now demands someinvestigation
•• of this sort. Arrests were made in the loyal Stales'
months ago that were charged to have been made
without the authority of law. They were viddi
-cated upon the ground of public necessity. if It
was said that we were then in the beginning of a
great rebellion; that the whole country was in a'
state pf alarm and terror, and that it was,:coniiid
cred expedient and : properfor the Govermrient to
use all the means it could command to suppress
the inslurection, without reference to the, existing
laws at the time. I maintained-here on this floor
at the summer sessionz—as I do now maintain—
, that so far as my own State of Maryland'was eel'-
• cerned, there never Was an hour from the outhriak
of this -revolution uponiAlie 21st day of .April to
the present time, when the civil authority of that
State was not paramount and fully competent to
vindicate and to uphold.the majesty of the .law.'
4 had the honor of stating to the Senator Siam
. Massachusetts, in - this body, in July last, what I
...) believed to he the loyal sentiments of the Rehple
of that State; and I asserted-upon this floor that
: Maryland stood with
. six Union Representatives
in this Capitol by twenty thousand majority, With
the whole civil authority of the State-in fulPoo
- capable,•willing, and ready at all dines
.to uphold and 'maintain the di
_0.134 of the Oori- ,
stituuon and lairs of the land. What Isaid upon
that oceasiOrt did not receive the credence of 'all
Senators on this floor; but the result of ihe late '
election has tore than verified the assert* I
Maryland has events clear majority of Meer thirty
thousand for the' Constitution and for the country. -
The people of Maryland are devoted to the Con
stitution; devoted to the .forms 'of liberty C'ettid
have as high an appreciation of the glories of this
Government as the people of any State in 'the
Union; nod yet.' many of those people have dis
sented, and now dissent, from the prevailing pol
icy of the Administration. ' As for myself, I assert
that no Senator here, or elite where has ever uttered
sentiments more true and more just to the legal
obligations of the Constitution than I have done.
I claim that I have never uttered' a word,-and
never committed an -act, in violation of the sacred
obligations of the oath which I took at your desk,
sir, to maintain and uphold the Constitution. i I
yield to no man, in loyalty; but as an American
Senator, when • the Administration of this GOv
ernment is going, in .my judgment,. in a wrong_
direction, and Crossing the path of the''Qonstitu
tion, I claim the right to endeavor to set it right;
and at •such a time ['should,be.recreatititi every
sense of honor mid justice and!principle if I did
not raise my 'voice, humble.and weak as it May
be, in defense oftlie Constitution, and ;in defense
of the people of the State that I havelthe honor
in part - to represent on this floor.
lam - not •here to-day to vindicate treason lor
traitors. lam not here to-day to say that there
are not men within the boundaries of my State
who may: he - justly Charged with treasonable pur
poses. I maintain, as I. have maintained lief Ore,
that there are rim, and have not been at any one
time in the history of this rebellion; ten thousand
- secessionists in. the Stale of Maryland ready and
willing torake up arms.. I have never regarded
them as of any importance., The history of - the.
last six or eightmontlis justifies this belief. lam
'more convinced than ever that the• view I pare
taken of the loyalty of my State has been the true
one. li has been warranted by the result of the
electiond; it has been warranted by the position
the State nowMaintainn in defense of the Cohsti
tution and the country.! Hut,sir, I cannot with.
• hold the expresdion of she beief that there have
been men arrested in Maryland without sufficient
cause; repented instances have occurred. It is
but•very recently that a State'ienator,Mow inside
of the walls of Fort:Warren, sent his:,protest to
the government of his State, protesting his inno
cence; calling for nn investigation;- asking them
to scan his whole life, public and privtite.; to look
into his every act, into every vote given in hie'
public career; tcesay when and it-here he had ever
violated his obligation .tit support the Constitution;
and demanding to knew why lie had been thus
deprived of his libeity, and incencerated, he being
utterly ignorant of any charge 'against 'him. • I
have but a very slight acquaintance with that
member of the senate of Maryland; I know very
little about his public' career; but there stands
upon record at the seat of government of his own
State his protest asseverating his innocence, as :.
serting that never byword or deed has he vio-•
lated the Constitution of the country, and asking'
to - be informed on what grounds he has been -de
prived of his liberty and denied it hearing, ind
why he is thus incarcerated, to the injury of his
family, and the detriment and loss of his private
interests.
That is one Case. Ido not know how fai i that
senator of Maryland 'may be guilty of treason.
I stand - not here to vindicate him. I stand here
to thank the Senator from Illinois for, the revolu
tion of inquiry that he has proposed, not regard
ing it as an arraignment of the President„ as the
Senator from Massachusetts seems to view it.
do not mean to arraign the President or the Admin
istration. I think it eminently just and proper,
however, that this inquiry shofild be made,•and
especially with regard to my own State which has
• _fast out et majority or thirty thousaii4l out of her
eighty thOusand votes for this Unioni where the
whole functions of government are in the hands
'of the constituted authorities of the State, ready
and willing and able to Maintain the dignity of
her own laws. I think that, under such circum
stances, an inquiry of this kind should be had, so
that an opportunity may be afforded, to release
'persons who are innocent of all crime, and who
have not been 'engaged in any attempt to over
throw the Government.
I trust that the resolution will prevail. If I had
more-influerlce upon this floor, or with the. Admin
istration, I should myself - , upon beaded knees,
have besought an inquiry of this kind. Like the
Senator from New Hampshire, I came into the
Senate almost without a party, and I suppose
shall take my leave without any;-but ,l shall stand
here as an American Senator, under the flag of my
country, supporting and maintaining the Consti
tution of the United States, believing that it has
ample
. power to. vindicate its -authority ,and to
maintain its suprbmacy. I mean to be true to the
principles of this Govt inment. believing it to be.
the greatestand the best upon the face oldie earth..
I shall vote 'f' the resolution with the greatest
pleasure, and I trust it will receive the sanction
of the Senate.
Mr. FOSTER. Mr. President, I g ave '
notice
lam. week that 4 one o'clock this day I would
move to take up. - the report made by the Commi
ttee oik, the Judiciary upon the memorial of Mi.
Stanton ' claiming a seat on this floor as Senator
from Xansas. The hohr has passed; but it is a
- privileged queitign - r and.l ant desirous of bring
ing it to the attention of the Senate . I ought to
state that the sitting member whose seat is in dis
pute,informed me, oh the last day of our session
last week, that he would not be prepared to go
on with this questiou to-day; and lie has again
signified to me this morning that lie is not now
prepared. If there be reasons why the question
shorild be longer postponed, I trust the acnat9r.
willigive , them, for I am not disposed to press the
queilion upon the attentiooof the Senate until the
proper time arrives.
Mr. DOOLITTLE. I desire to move that the
resution of the Senator from Illinois be referred
to tie Committee on - the Judiciary. It involves
a Tory impdrtant-inquiry in itself, and it is very
Impbrtant as to the time of making it, I prefer
'thatl it should go to the CoMmittee on the Judi- I
Mary, so that we can take advice 'upon it, and.'
the the eleetion case can come up.
Ir. FOSTER. I Wall not object to the Sena
.tor'
or' motion - being entertained, if it does not occa
sion debate _
.'
11. r. DOOLITTLE. I ha.-ye no disposition to
deb ' te it. - ' - -
I I
I .
he VICE PRESIDENT. The Senator from
Wi 'consin moves that the resolution before the
Sen te be referred io the Committee on the Judi
),
cia tr. I -
I% r. TRUMBULL. I hope i: will not be, re
ferr ' d. It would-be a. most extraordi - nary pro
eseChns, tie refer to a committee a resolution of
thir•kiiid. If there is a disposition in the Senate
not to make any inquiry into these matters, let
us know it; and' let us' riow it by•a direct.vote
updn the resolution. I u-ant to know whether
or not we are fighting for the - Constitution, and
for tttonstitutional liberty regulated by law. I litre
thresolution will not be referred.
- ; r. PEARCE. I woUld prefer, Mr. President,
that the reference of the subject to the Committee
onthe Judiciary should be made- after the reso-
JutiOn shall have been passedand the reply of the
Se4etary of State has been received. `I believe
there is no one in the Senate who alleges that there
is Sny express ,provision of. the Constitution
which entitles the Secretary of State to issue war
ran s for the arrest of any person; nor have I ever
heard it suggested that there was any part of that
insfiument from which it could be inferred, as a
necessary or -proper implication, that he lsheuld'
exercise this authority.^ We are therefore totally
in the dark as to the principle upOn, which tbe•
Seriretary rests the claim of this power, which we
all know he has exercised.. I understand the ob
ject of the resolution to, be to obtain froth the Sec
retary of State a statement of the principle. upon
which he rests this claini of power. ;
The tesolutitin, as I recollect it, is expresfied in
very proper terms. There are no words of re
prOach in it, addressed either to the Secretary or
to the President. -It is a simple inquiry, mode in
Plain, perspicuous terms, without the slightest
disyespect to either the, great officer at the head of
IleyGoverriment or his premier.
Now, sir, I wont to know what is ,}he ground
upim which the Secretary, rests this power' I'
wait to Itnow.whether it is anything whichl we
cart find in•the Constitution, directly or by 'Mph
city on; or whether it is a fancy of-his, that in these
troubled. timo there ought to exist at the seat of
Grivernment a great, subtle, vague, undefined
poiser pervading the whole country, reach'ing,
through all the ramifications of the telegraphic
system, which will enable him,,while seated in
1114 office, by a dash of his pelt, to set the electric
firn_in motion, and to order arrests at Cincinnati,
at Chicago, at Baltimore, or even in Connecticut,
where there is no treason, but too much loYe of
'pence.
Sir, rdo not believe in the necessity of any . such
power, lawfully. claithed or unlawfully claimed.'
I do not-believe that it is necessary to the man
agfiment of this war.- I do. notzbelieve that it pro-.
mutes the purposes of those who desire to see this
134i0n brought logiiher again—an object of all
others, to me the most desirable, if it be passible.
I.lielieve, - on tit l e contrary, that-it disaffects a great
many good and worthy men who desire.to tree the
Urlion restored." This, sir, I do know, that if
duke is no power in the Constitution to,auihorize
--• • .
Otis& its` tiar a in all coinPlainta on That sulileit,
the day is not far distant when the vital spirit of,
,
a republican government Will be-entirely' gone -.]
from us. • f
-Sir, I thank' the Senator from Illinois, andthe I
Senator from New Hampshire, for the just and
noble sentiments they have expressed to-day,and
I shall lament in despindency and grief if the
Senate shall shrink front an inquiry so obviously
(Co me at least) proper as this. -
I do not mean to detain the Senate by any ex-,
tended remarks. I have expressed my opinion
upon this subject heretoftire, but I confess I am
curious to see what defense of _the power he has
exercised, the Secretary of State can give. I think
it is the right and the duty of the Senate to make
1 the inquiry, and to obtain a response. ' The Sec,-
: ninny may satisfy this body; he may satisfy us
all, pr a majority; but certainly in the absence of
any acknowledged constitutional provision sanc
tioning this power, either expressly or by
cation, it does Seem to Me it is our right Mid our
duty to make the inquiry.
Mr:I3AYARD. Mr. President, whatever may
be the determination of the Senate aii to the dis
position of this resolution,- I trust it will not be re
ferred. Thereis, really, nothing to refer. The
resolution M a cell upon the Secretary of State roe
certain information. What has the committee to
'do with it? Does any one question the power o
the Senate to make the'eall? I apprehend not; It
is for the judgment of the majority of the Senate
to say whether they will make the call. After the
call is made and answered, the answer may re
quire a reference to a committee; bin I can see no
groundwhatecerforany reference of the resolution
itself to a committee. What can they do with it?
Are they to determine whether the cull shall be
made Or not? Who doubts that you have the power
to make it? The question is it question of will with
yourselves; a majority of the Senaie may refuge
or may make the call. As to my own opinions
about it, I have no doubt that we•ought to make'
the call. I ant not for condemning the Secretary
of State until I know the facts; but I have no
shadow of - doubt in my own mind'that -to arrest
and hold and imprison a citizen of- the United
States in a State where the courts are open, is an
exercise of power which is forbidden by the Con
stitution of the United States. I have no doubt
whatever as to that; but I desire to know, officially,
from 'the Secretary, whom he has arrested, the
ground of the arrest, and the cause for which the
,persotts are detained. Surely, that inquiry may.
well be made. It does not involve the disposition
the Senate may make of it afterwards. A m ajority _
may differ Rpm me as to the proper disposition.
I have formed no opinion in my own mind as to
what ought to be the proper disposition when the
call is answered,. It may be that the parties may
be discharged. Ido not know what action will be
taken under'it; but certainly the Senate have the,
authority to make the call, and there is nothing to
refer to the Committee on the Judiciary as to this
particular resolution as it now stands, whatever
there may be hereafter.
Mr. DOOLITTLE: Mr. Pre4ident, I deem it
a verylace question to refer to the Committee
on the Judiciary to consider whether at this time
it is propel- to go into this inquirykin dna subject:
That is one reason why it ought to be referred to
the committee. The question itself is a very grace
one, involving, as it does, the power of the Exec
utive, in the case of a civil war existing in any
part of the country, to suspend the habeas corpus.
Mi. BAYARD. Allow me to suggest that that
does not arise on this resolution, , It may arise on
the answer to it; but it does not arise on the reso
lution itself.
Mr. DOOLITTLE. I desire that the question
should .be referred to the Cciriimittee on the Jo
.diciary, of which the honorable gentleman from
Delawareis a member, and of which the honor
able gentleman that moved this resolution is chair
, that_they, as a committee, should inquire into
this subject; and inquire also into the very grave
question Whether now is the time- to - make the
Inquiry, in the„ . present state of the country.
Mr. President; I do not rise to go.into the de
bate, for my impression is, that a motion to refer
is not debatable; therefore, I desire that•the pies
lion may be taken, and let it go to the committee.
Mr. WILSON. The Senator from New Hamp
shire [Mr. HALE] informed the Senate that he
came into this body withOUt a party, and"that he
might go out of the body without a party. Well,
sir, I came into the Senate with a very' small
party, and Pam her to-day with ii majority.
But, sir,l wish to say here, and now, that while
this rehllion,is upon the country, I know \ no
fidelity to party that interferes with my serving'
the country, and the whole country; and. while
this war lasts, I care but little about party; and I
do not support those in power merely because I
helped to put them in power. If there weep to-any
a Democratic administration battling to save the
unity, of the Republic, it should have my voice,
my counsel, and my vote, as freely as the present
•Administration-has.
The Senator speaks of the bravery of the sons
_of New Hampshire. He tells us they are ready
to bare their bosoms for the purpose of. upholding
the power and -authority of the Government. We
all, I hope, concur in that; but I apprehend that
the arraignment of the Administrittion for laying
their hands upon men who were plotting,treaSon
iu the loyal States of this Union will not thrill the
hearts of the brave men in arms on the banks of
the Potomac who came here to support the cause
.. 2 f their country. Sir, when these arrests were
made by the authority of the President of The
United States, first through the. Secretary of War,
and afterwards, by arrangement, through the ac
tion of the Secretary of State., the loyal people of
this country were electrified, they felt that they
had a Government that was ready
,to exert its
power.to save to country; and they rejoiced as
they did when Masan and Slidell were clutched
from the deck of a British vessel, and imprisoned
at Fort Warren -under the directiOn of the'Secre
tarybf State. The people of the loyal Stifles have
expressed, in every fbrim in which they could
make their sentiments known, their approbation
of these arrests.
I am willing that this modehrarrest shall cease
now and 'forever if it is not ri proper mode. I do
not say that it is. All r know is that Ccingress
assembled last. summer and prbvided ways and
means to carry on the war to a successful con
clusion, but it provided no way mid nei means to
reach these cases, and the executive gdvernment
of the country,under the exigencies of the times,
took this mode to arrest the publication of trea
sohable newspapers, and to arrest the machina
dons of disloyal men,and in doing it they strength
ened the cause of our country, and heta and now
I give them my thanks for their action; and until
the Congress of the Milted States shall in their
wisdom provide another, and it may be a more
constitutional mode to accomplish the same re
sults, I say to „the President of the,United Stales
I say to the Secretary of State, go on, and wher-•
ever in the loyal, States of this Union any man
shall plot treason, any press shall utter treason,
or any man propose to give aid andsomfort to
the enemy, lay the' han' of the 'Government
upon him, close the prison doors upon him, and
I believe the people of this country will sanction'
that sentiment with entire unanimity.'
Sir, the Knater from ,New Hampshire wants
vigor ill the military arm. We have fallen. upon
strange tithes. The Senator tells us that he does
not want any power exercised that is not sustained
bycOnstituuonal law. Does he not k no w that when.
this treasonable rebellion broke out, our Govern
ment Was not clothed either with lawful power or
with means to crush it? Does he not know that
• those in power had to assume authority? When
we assembled here in July last, did we not find
that the Government of this country had exercised
powers not defined and authorized by law?
we not do What we thought was proper and right
and necessary to clothe them with power? Cer
tainly. Now, sir, I love constitutional liberty—
certainly; I think, Pa,much as the Senator from
New Hairipshire, or any other Senator lovea it;
but when treason raises its hand against our coun:
try, when it is question, tiS it is to-day, of exist
ence, twill come into the Senate and. I will make
the proper laws to carry on controversy, but
I will not cast censure and reproaches upon those.
who have Peen intrusted with the duty of admin
istering the Government of the country, and who,
during the last eight months, have toiled night and
day with unsurpassed fidelity to save the nation
against this rebellion.
The Senator in addition talks.'of thelittle that
has been done by the military authority.. Well,
sir, we are, all dissatisfied more or less; we are all
impatient; the people are impatient, Po .doubt
aboutit. We are all generals, I suppose; the Sen
ate is full of generals, did country is full of then),
and we are all criticising the men who are intrusted
With the' military affairs of the country. This is
all very proper, perhaps; I suppose we have the
constitutional right to do it; and I am willing, hat
we shall do it to a moderate extent; but after all
think we had better leave the conduct of this war
with thonilittirymen of the country, and I believe
that is the real sentiment of the people.
I remember, sir, that last summer we all man
ifested this same spirit of impatience; we were for
going " ohrto Richmond." We undertook to go
to Richmond, andwe made a magnificent advance
back to Washington During the last few months
there has hardly beeh a contest in any portion of
:States has not:been Outnumbered bkthe inertly.
jn atm ostevery battle fought since this war opened ,
the forces of thelinion have been inferior to the
forces of the rebellion. • ,
Mr. WADE. That is bad general - ship.. We
have two nien to their one.
Mr. WILSON. The Senator says that is bad.
generalship. Sir, let me say to you it is very easy
to magnify our own powers, to point to the great
deeds the Government and the people have done,
and to underrate the poweeof the men in rebel
lion. Why, sir, does not the fact stand before
the country that those men controlled the Gov
ernment of the United StatesToryears; that they
sent your ships away, that they atole your cannon
and your arms, that they put your military . sup
plies where the enemy would take possession of
them,: that
,they used the whole power of
.this
Government to destroy it, so that when the'Ad
ministration came intopoweron the 4thOf March
last we had' neither ships nor munitions nor
supplies.nor guns; and Ed it not a fact that we,
have today half .n'titillion of men in arms, that
we have organized a vast military power, that we
have hundreds of ships that have been purchased
and armed, and are now blockading the southern
coast and closing almost every port in the States
in rebellion?
But; sir,Vith all these manifeitationsiof power,
does not one fact stand out before us, and 'that is
the power of this rebellion? I do not know where
to find, in the history of any country or of any
age,"'a people who bait manifested more vigor
and more power according to their numbers than
have the men engaged in this rebellion. They
have not stood upon constitutional law and - con
stitutional authority. They have taken power;
they [laic taken life at their pleasure. They have
plundered loyal men, and driven them from their
homes.- They have seized' the property of friend
and foe; and confiscated it In their uses: They do
not profess to ply their debts. They are laying
the hand of conscription upon men whenever and
wherever they are wanted: This vast power they
have brought to their defense;. and with it all
they have not been able to put a hostile foot upon
.the free States of this Union; not tt,tramp of theirel
has desecrated the soil of the freCStates; but they
have been powerful for defense. They do not
advance upon us; we must advance upon them.
As we advance, they grow stronpir and we grov.:
'weaker., Now, sir, I alit for the most vigorous
prosecution of thi‘ war. lam for wielding every
power that we possess under tile Constitution;
and if we have not law under the Constitution to I
meet thasease; if the exigencies of the country
demand it I would exercise the power and hunt
for it after thecii4ntry was saved. l‘say, sir, I j
amfor themost vigorous prosecution of this war. I
I think wehave made a great mail' mistakes. I
hope we skull have fewer in future. But, sir, the
wild and unregulated impatience which is mani
fested in- ilia country does not contribute to the,,
cause of our Union. I think we should have some'
faith, some trust; sonic confidence in the Admin
istration of the Government, and in the men Who
are intrusted to lead the armies of.the country. I
I do not relieve it wise in the Senate, in the pith-
lip press, or in the country anywhere to manifest
Impatience, to Visit upon men censures: 1 know
that it has often happened that it has been ex
hibited When the Government was doing the most,
when it Wail working most hours, when it was
laying and carrying out plans that were to result
in great good to the country. The Government ,
ought to keep their secrets, and the less the peo
ple know about what they are doing, the more
they censure them. Sir, the people know quite
too much of what has been doing during this war;
the public press has spread before them quite too
much, for the more the military acts of the Gov
' ernment are spread before the people, the more
therebelchiefteinaknowofouractsond thereadier
therare e to defeat us. •
I Should have no objection to the passage of this
resolution 'if it tould do any good; but if Senators
I°are opposed to these arrests altogether, say so; if
they are infay . or of these arrests, but believe - that
this is not the propeer mode, then let 'them come
into the-Senate with a bill, and I think we shall
all vote for a proper measure of that kind, and so
arrange it that disloyal persona may be arrested
according to the forms of law. That I think is
the proper way; it carries go censure, it implies
no reflection on anyone ; but! think the-adoption
Of this resolution, especially after the remarks that
have - been made here to-day, will be regarded-as
a reflection upon the President .and upon'the Sec
retary of State; and if it is so understood, trai
tors whose moutlishove been closed during the last
Sour or five months will again open their treason
able lips, and Jefferson Davis and the men who
are supporting his rebellion will expreas theirjoy,
if they do not vote their thanks to the American
Senate for thus reflecting upon their own Gov
ernment.
Mr. TRIIMBULL. Just one word in refer
ence to the Closing remarks of the Senator from
Massachusetts. I have already stated that this is
not a resolution to censure the Administration.
Who makes it a censure on the Administration?
Who=seeks any such issue? The Senator from
Massachusetts ie trying to make such`an issue.
I have quite as high tt regard for the Administra
tion as lie has.' l'stated the object of the resolu
tiom, It is a resolution of inquiry, and I have not
even said that arrests had been made; but if there
is no.nuthority to make theft, and it is necessary
they should be made, we want to pass the neces
sary law.. -The Senator from Massachusetts goes
ar in his zeal to denounce traitors. lie is no more
against traitors than-I am; tint I. nth for constitu
tional liberty and against traitors, ton. He is
-against traitors and against the Constitution of
his country; and that is the only difference. I
will put down treason and save the Constitution,
save regulated liberty, and he does not care
whether there is any Constitution or not. jam
not to be put in such a. position. The Senator
shall make no such issue with me, that the reso
lution is introduced.as a,reflection op the Admin
istration. Ad •
Mr. LATHAM. Mr. President, I' see no object
in referring this resolution to the Committee on the
Judiciary; and regarding that as a test question I
call for the yeas and nays. While I am - up I will
take occasion to Say that,as an humble member on
this floor, representing, a sovereign State, in the
name of my people I protest against a-certain doe
trine which has been proclaimed to-the country,
and which,if notexpressly advocaied,receives vir
tual indorsement. I see no necessity Cot-trampling
upon the Constitution in 'order to maintain it. I
see, no nelessity for violating all law, and by our
refusal to pass this resolution acquiescing in and'
indorsing usurpation of power, in order to pre
serve the laws. We present to the civilized world
a very sad and humiliating' spectacle, in upbraid
ing revolting States for violating:the laws and the
Constitution, when we ourselves are committing
equal if not greater outrages-upon that Constitu
tion and against those laws. • What is it. One
man, unauthorized by the Constitution or the law,
usurps the power to arrest the citizen, to intim. ,
cerate hint, to discharge him or hold him in prison
upon the tenure of his will, without the courts,
Congress, the peolde, or anybody- knowing the
reasons for this usurpation.
I say to Senators on the other side, that the
members on.this arc ready and anxious to vote
for any law that will punish treason in any man
ner, shape, or form; but let treason be punished
by law, and according to law. If the public ex
igencies are-such that these men must be arrested,
let them be,. arrested according. to law; and the
samelOyalty that gives you.netir, seven hundred
thousand men for
. .your Army, and money' inex
haustible, will sit in judgment upon and punish
these same Elea in the loyal States for a violation
of the hiw and for their treasonable conduct.
I did not rise for the purposenf participating in
thiS discussion. I merely wish to have it go upon
the record who of us are willingto inquire into
the conduct of our officials, and learn by what eon
,stitutional or legal rigt they commit these revolu
tionary acts. I call 'for the yeas and nays. .
The yeas and nays were ordered..
Mr. FESSENDEN. Mr. President; I shOuld
not deem it necessary, or even adivisable,to say a
word, on this resolution, but for the filet that the
debate which has sprungup here is likely to place
the in a very false
. position. The issue that is
.made in the debate is one thats not necessarily
made by the resolution. On the one side, gentle
men seem to think—at least - they have so argued
—that if we vote for it, we are 'voting to censure
the Secretary of State,- or the President, or both
of them. On the other side,-.lt seems to be pre-r 1
seated in this light, that if we-vote against it,. we
are trying to stifle an inquiry into illegal acts, be
ing -afraid from party MOLIVt4tO meetllie question I
directly. I choose not to be placed in any such '
position, but to give the reasons which will actuate
me in the vote that.l may he called upon to give.
I am always ready, I will say to the Senator front
California., to answer yea or nay noon the record
witholit, fear upon ;all questions that may arise ,
here; and .l never yet saw the time when the call I
for the yeas and nays influenced my vote tine par
ticle, and I hoped never shall see it. I trust that
is the case with all gentlemen here.
NOw, air; what is the proposition? The Sen
ittor from Illinois has presented a resolution.
might perhaps have - wished that that resolutiori
had been-deferred, on account of the state of...the,
country, and 'because
.of certain inferenecs that
sent it tiow.:`-. It is resolution very proper in its
tennitsimply an inquiry, of a high officer of this
Govermnent"yvhat.law.extsta fur certain nets that
have been perfortekl..bv the Government. The
honorable Senator, in &explanation that helms
made:Juts stated to the Senate, on hie own high
responsibility—and certainly there is none highen
in this holy—that he desires it not for the porpos
of throwing the slightest imputation, upon an
officer of the Government, but simply in order t
inquire with reference to certain tams, sufficient]
notorious, ao that, if .any further legislation i
necessary upOn the subject,•that legislation may]'
he had at the present session. 'The object is legiti
imate and preper,And,the inquiry is calculated
,t
facilitate the, object. What, then, are, the objec
Lions that ate made 2 .• "
My honorable friend from &Wiserlunette has
gone MT into a discogion of the performances of " .
the Army, and has 'lectured us a little, (ver
kindly, I dare say . ,.) and the-country in genera
upon the impropriety of our jet:miring into an
military performances. -I do not admit the prop
osition in its full' extent. ' I think it is adiosabl
always for us to hold our tongUes as much as pos
Bible; but it is quite es advisable to open 'ou r
mouths and speak when we feel that the interests
of the country dereand it; not only in regard to
civil affairs, but military ,affairsi. I have not y 4
seen the time when, my profound and exi
tensive knowledge of the military art, I thought
it advisable to express opinions in public; and
I always do it with very great fear and tremblin
even in private. in our case, however, I would
suggest that it is hardly necessary that weshoul
trouble ourselves much upon military affairs, b -
cause both on the right hand ankort the left vi
have eminent military gentlemen who are 'pc -
fectly ready to take cnre of these thing, and -
vise us in - regard to them; and therefore I re t
easy—for the present, at any rate. . '
I think,'hOwever, sir, that all that is foreign t
the question; and I think it is as foreign to th
quest* that we should be very much alarmed o
so simple a matter, of the very great dangers t
lihery that may' follow. Let us look at it. Th
whole diffieulty arises from timidity; we are afraid
to speak the truth before the country, and utter
our own sentiments with reference to these ma-.
tore: ' I have no question; indeed I know,
thtil
--
,
under the directions from the Secretary of Sta.,
certain individuals in the loyal States have bee
tl i
arrested and imprisoned.
,That is notorious; tl. e
whole country is aware . of it. I will say he e
that I do not believe:there is the slightest warrai I
of law for any such proceeding, and I do not sup
pone you will find , a lawyer In the.country who
does think there is any warrant of law for any
such proceeding;-and yet I. do not shrink from it.
For the most part, eo far as I know in the great
majority of cases, certainly wherever the neceli
'sity existed—and I shall not undertake to judge 4s
to that—l justify the act, although it Was again t
law; I justify it from the necessity of the case,
and especially in the,itistances _referred to - by my
friendefrom Maryland. I will not say in-all bf
those instances , but in many of them; .for I ant
not aware of die farts in all the. cases. Theke
are others equally notorious. Why do I say thht
L justify it? Because, in my judgment, it wits
absolutelynecessary to the protection of the Corn
monwealth,if I may so call it—the Government
of the country, It was the budnesi of the AV
ministration, under the circumstances, to see that
no detriment was done to the Republic . ; and where
they Acted, believing conscientiously that the gobd
of the country demanded this actionin this the hobi
of her peril, although they May have acteda . gai 'st
law, I honor the man whd, udder such emu =
stances takes the responsibility; and I tiny h re
that if I were in power 'as- an executive offs r;
and if I saw that the god of the country tha , I
was serving demanded that I should stretch my
authority,even at the-risk of my official or of my
eV:in - natural life, in order to protect the Countrly, '
as God N my judge, min
placed
would do it, and take the
consequences; and is the duty of every in
pleced in'suich it trust to do it. A man who stops,
who -hesitates, in such a case to inquire, whene
sees that the building is aboutto be wrapt inflam , s,
i
whether there.-is a law - to guide hissction, and
pauses for fear that the newspaperamay he do ii
upon him, or that lie may be called to Recoil t,
that he may be impeached eve - n, is unfit fo a
.
great piece. . • . -
.
That is my opinion; but, sir, while I expr ss
1 that opinion, I say that when he steps beyond it,
when the people see, or the repreeentatiVes of ihe
people see that lie is daring for a 'moment to 'use
that power and that - pretense of necessity-Toi a
'nefarious purpose, for any purpose that is tot
fully justified by the facts before him—when he.
country sees, or believes,. or dreams, or suspects .
that lie is acting from anything but the highest
motives that should actuate a public officer, then
I would be ready on the instant to check the first
advance, and to lay my hand upDb the man. =
Sir,' weccannet trifle with - these questiensi in
times like those that have preceded the present
moment. There have been hours, there have
been days, weeks, and months in the progress of
this rebellion, when it was the duty of the eirec
utive to act promptly, without fear, without trem
bling, at their own risk and the'riskof public rep
robatton ; and when they did it'from good motives
and took that responsibility, it only showed theft
in my judgment an much- the more fitted for 'the
eiikency which is upon _us.' But, sir, I agree
With my,honored friend from-New Hampshire,
I agree with my friend from Illinois, and others,
that we should watch carefully, most carefully,
the first-upproach to any exercise of illegal power
that is not fully justified by the pressing etigency
of the hour, because it has been well said, and is
known as a principle which every mad certainly
of us must recognize, that we, standing here as
the guardians of public_ liberty, must see - that no
man infringe on the liberty of the citizen, unless
under such circumstances Metall the world will
justify him from the obsious 9 neeessity that- re-.
cluires the act. .
in .
i These are the principles which my judgment
are applicable to the times. I have no hesitation
about them; and when the Administration have
acted, whether wisely or unwisely, from good mo
tives, from a desire to protect the Government and
protect the country, and in the exercise of their
powers have done some things that I concede were
not justified by any late upon the statute-book, I
am not disposed to quarrel with 'them; but I am
not disposed to conceal the act; I am not disposed
'to be afraid to meet ii; I am not disposed to say
to them, keep dark about this thing. But if I stood
in the position which the high officer occupies who
is called upon to give this information; and the
inquiry was addressed to me,l would say frankly,
yes, Ldid these thing either with . or without
authority, and of that Congress must judge; the
Government did these things from its view of the
necessity, of the case, and we justify' it from that
necessity. His duty is to speak boldly . and plainly
and frankly; and then the questionarises whether
anybody will cavil at it. As I said before, I am
disposed to sustain - it so far as my judgment ap
proves what has been done; and I do nothing to
injure either the Constitution or the law'', though
I may violate both, for I am acting for the pro
tection of troth. Therefore - sir, I think all -this
issue that has been' made ;bout any-attempt to
throw imputation on the Secretary of State, or on
the President; or. on any other-officer, is hardly
called for. I am disposed to vote for this resolu
tion now that the debate has sprungup, as When,
becaune I do not think it wise to shrink from it.
I have nothing to conceal. I - would not have a
Government try to conceal anything r or apologize
for anything that'they have done with' a good mo
tive and with an honest intdnt to protept the couri
try'which is in their charge. Therefore, sir, as I
said before, although I would riot have intro
duced thiS resolution. at the present time, I see
much harm that may come from shrinking for a
single moment from passing it and making, the
inquiry. It looks as if w*were afraid to meet it.
'lt looks as if= we wanted'. to conceal something,
from our friends.on the other side of the• House.
Sir, Phtive no feeling of the kind. When thisAd-
Ministration, or any other Administration to which
I have given my support,.does anything which l•
am ashamed to have known, it shall not have my
countennhceforther, and I wil(not aid in keeping.
its conduct a eacret under any circumstances. I
supported a change of Admitustretion from honest
motives, becauge I believed the country-required
it, mull was disposed to give it a good one; but if
it fails to Be good•and honest, I am no longer a sup
porter of it. l - believe it is good, and honest, and
therefore I sustain it, and I have nothing to conceal
in regard to it.
. W h.y, then, should we not pass this resolution?
I have no objection to reference. I Would as
- leave vote to refer it as to.pass it.- My only ob
jection to the reference is that people may say I
was afraid , of it. I sey-I am not.- "If you want
tithe for deliberation .and •inquiryTrom the com
mittee, I am willing to favor - that; but I only judge
other people , by-myself; and I say that if 1 were
Secretary . of State ; lshould have no objection to
this inquiry being made, and I - would answer bo.
fore God and my country as to what I had done,
and why I did it, and under what authority I . did ;
it,.and the country should be my judge.
.4 - agree with gentlemen who have stated that
the country approved of these acts.' Why? Be
cause the people of the country . telieved they were
necessary: 'They saw at the instant that it was
rora t e very ee mg an , le very opinion w c.
I hive expressed here—they believed in the news;
shy_ of prompt, lei inediata action.
Now, air; we are not Sitting . here 'as a judicial
tribunal to try anybody, but simply to make
,in
quiries, if we see. fit, and to sustain the Govern
meni, so far as we see and deem that the Govern--
ment has Acted ivilitfully. Therefore, I repeat -
what .I hale said . ( efore, that; in regard to this
matter; I See nothing to conceal; I see no impu;
Anthill cast on the Goveramentf if 'I did. I would
vole against thelresolution: The time Ints.not yet,
arrived when I Ihilk it necessary to interfere in
this matter; ffut seeing none of the objections
-which have been urged, I feel inclined to vote for
the resolution c Tlie suggestions as to what the
country feels g With me for nothing, because 1
have no fear th Ihey will misjudge my action.pr
the action.of the Senate.: When the time arrives
'for us to -act undowhat has been done, then will
be time enough for the debate. - .
Sir, I do not lknow by whose •authority,.these
things were done, I The presumption is, that. com
ing from a high officer, one of thehighest officers
of state, it was done under the direction of the'
President. It m, y; have been so;_ it nifty not have
been' so. - I sett no objeetion to our - inquiring.
Somebody must take the responsibility; the ques
tion is - about the act. • I know there isr, a disposi
tion among med tri stretch their authority always.
:When it.gets tell point which threatens the body
politic, then: it ill be time enough for us to be,
nervous about i . I believe in my consciencethat
we neettnot; - at this time, trouble ourselves with
any fear that th rd is a disposition - on the part of
the Governmen .to use its power unwisely or un
necessarily: W en every officer, large ant!small,
begins tothund . r and the -heavens are full of it
from all epiarte , ' br from any considerable nom
her of points, I think it will be time enougli for
a l
us to begin to i 0 k and see if there is any danger
ahead. I spok the other day of the necessity of
keeping ourpo of of supervision over all. I run
not disposed 10 take` back anything that I said
then; and I a ready, if need he, to apply the
same rule wine I would then apply to military
tiffitirs, to civil Mars, and inquire into the con
duct of all branches of the public service. •
• Mr. DOOLITTLE. Mr. President, I did not
-desire - to take any part in the debate, but 1 ; will
state two groundimipon which I desire this reso
lution referred it) the Committee on the Judiciary.
I undertake to -,say that the question which un
derlies this whole. matter is, whether the power
to suspend the lhabeas carpus is in the President
or ism Congress.. If it is in the President, and
the responsibility '
is upon him, he is to judge of
the necessity . which authorizes its suspension;
and. if the - clause of the Constitution which de
clares that "the ,privilege of -the w - rit of habeas,
corpus shall nothesuspended unless when in cases
' of rebellion or invasion the public safety may .
require it,"vests the responsibility in the Presi
dent, he, and lie alone, s to judge of the neces
-11 shy; and I undertake to say to our friends here
that the war wLare waging in this country is not
necessarily confined to thoSe Suites where hostile_
(preen meet, but we are at war through the whole
country; every State is atwar. We in Wiscon
sinare in this 'civil war; and if the enemies of the
United States engaged in this war are in Wiscon
sin, it may ,be,necessary that the power of the
President, under this authority given to him, if it
rests in him to suspend the habeas corpus, should
reach even to Wisconsin anti make arrests and
suspend inquiry-by judicial iireceedingi. When
this question was first raised, I admit that my
whole prejinlices.were against the power being
vested in the Executive; but when I read the able
argument 'made by the Attorney General, I con
fess that I began - to doubt whether, the power
rested in Congress, whether it was not in the Ex
ecutive.'and whether . , in the Constitution which
was framed by eue_fathers, the whole responsi
bility was not put upon the Executive elected by
the people, responsible to the' . people, who sur
renders up his office at the end of four years, and,
who is liable to impeachment for any malfeasance
iii:his office, in the silhpension of the habeas corpus
or anything else; whether, by the very theory of
our Gpvernment, this more important than- any
other power in a 'case . of civil war of auspendin7
the habeas corpus is not placed in the Executive, and
in the Executivealone. Suppose acivil war arises,
and COngfess is driven out of the capital, what
then is to
,be done ? - Where is the power to sus
pend your habeaS corpus ? Suppose the very judge
thatissues the habeas corpus is surrounded by force
and taken captive and prisoner. - Suppose that
he is placed under military restraint. It is a park
of the execution of -the law,as is ably . argued - in
-this opinion to-which I have referred; it is a part
of.the executive - business with which the Presi
dent is clothed, to judge when. the courts may
safely - , in case of 'civil war, sit, issue their pro
cess, and try offenders. Now, sir, I 'do
,not -stand
here to say that 1 have definitely formed ray opin
ion upon thatquestion even at the present moment.
I will say that - I have not. I want the question
inquired into. I want the Committee on the ju
diciary to 'examine that question; to examine it
carefully, serioesly, and take time enough to ex
amine it and report it to the Senate, and let us
have their opinion upon the question whether the
suspending of the tyro of habeas,corpus is in Con
gress or,in the Executive; for itsill_eomes to that.
If. the power is in the President to sue - fiend the
habeas corpus, his directing the Secretary of State
to order an arrest is no violation of 'the-Consti
tution; none whatever.
But, Mr. President, I do not desire to go into
the discussion of this question. I made the motion
to refer for the purpose of sending-it-to the Com
mittee.on the Judiciary= of which the honorable
mover of this resoltition.is himself the chairman
—that we may hose his best thoughts and his
report on this subject. Do we not all know what
the law is justas well as the Secretary of State ?
Is it that we want .tp refer this resolution to find-]
out what the law is? Are we not presumed to
know something about the existing state of the
law? Sir, the
,question is—and it is this import- 1
ant constitutional question which lies at the very
threshold,--whether .the power to suspend. the
writ of habeas Corpus intime of war is in the Itres
ident or in Congress? I want a report on that
subject; and furthermore, if the simple reference
to the judiciary Cothmittee is -not sufficient, I will
move to refer it, with instructions, to the commit ,
tee to inquire what further legislation is necessary
in order to arrest those who are guilty of treason,
misprision of treason, or conspiracy against the
Government of the United States.
Sir, what I ;want is action towards the punish
ment of traitors; Now, when within sound of
this you can hear the guns of the enemy
who have an In - Intense army gathered near us,
which, if we have another conflict, and our army
is defeated, is'sure to take possession of this city,
and instead of having the war on the Potomac It
Will be transferred to the Susquehanna,-at this
time and this hour, when the enemy are in our
presence, and the Executive has the sword
to strike, .1 am not willing to say one word which
shall paralyzO the force of the blow with which
he shall strike at the enemies of the country. I
want the committee to consider two things: first,
the constitutional qUestion whether the power to
suspend the *teas prints is not, inlime of civil
war, in the Executive; and secondly, I want them
to consider whether now .is the day and now is
the hour to make this inquiry in reference to what
has been dond heretofore towards the suppression'
of this rebelliOn.
Mr: BROWNING. -Mr. President, this *dii
cusaion is the same, I think, sulAtantially; that
was forced upon us-at the last session by the Sen
ator from Kentucky who went froth his
,seat in
the Senate tO join the rebel army, and make his
efforts there more efficient toward the overthrow of
the Government than he had succeeded in looking
them here. If that Senator were here now, I have
no doubt he Would advocate the passage of this
resolution; and that he would return his thanks,
to'tha Mover 'of it; and, sir, I entertain no doubt,
without intending-the least reflection upon gen
tlemen Who advocate the passage of the resolution,
that its passage Would be the occasion of universal
rejoicing with erecy,traitor heart in the land. 1
know, sir, tlqt the-mover of the resolution is
actuated by no hostilify to the Administration. I
know there is not a Senator here whose heart is
more fully, entirely; and singly with the Admin
istration in the support of obits measures for the
suppression, of this rebellion than his is; but I
cannot give my support to the resolution, Tortwo
reasons, at ltiast, - if there were no others. -
In the first place, I regard the time at which the
inquiry is prpposed as the moat inopportune thn. l
could possibly . have been selected. At a time
when the energies of every department of the Gov
ernment Ore taxed to their utmost ettpacitishnd
- powers of enduranee to meet and put down a for
midable rebellion, threatening the very overthrow
of the Government, and at a time when we ore
probably on As very verge of a rupture
of the most powerful nations of the earth, whose
power is to I be united with that of the rebels in
the fierce struggle with us, I think it would lie far
better for us Ito expend our time and our energies
in-devising the means - rot-411e succestiful prosecu
tion of the war, and - the suppression of the refict
lion, than to waste it in what will have the appear_
ence,whethar it is so in fact or not, and make the
impression over all the country of an assault upon
the.Adminieiration. - Harmony between the dif-
Ume , e. •0 1 evernmen e a.inet,
Senate, the House of Representatives, the Array 4....
the judiciary—harmony and united action
is
all the' departments of the Government is of the -
very first importance to the stiecess of-the cause
in which we are engaged, an the success of which
we have so much at laeart.' Whatever - the inten
tion of the resolution may be, its adoption aid!"
produce the impression on the public mind, and
to that extent demoralize and enervate the public
Mind; that it is a war betimen the congressional
and.the executive 'branches of the Government;
that - the Senate has.put itself in
_hostility to the •
measures of the Executive; that they are nt war
with each 'other t instead of being unitedly at war
,with the rebels; and that impression will do us
more hallo with the people throughout the coun
try—the loyal-citizens of the country—than any
hundred resolutions that we could pass here would
repair. For that reason, I ananot willing to vote
for the resolution.
Again, sir, I am Unwilling to vote for the tea
olution;because it is advocates by a number of
Senators who make no'eharges against the Ad
ministration, and who, are not hostile to the Ad
ministration on this distinct ground. One Senator
'advocates the passage of the resolution on the dis
tinct ground of danger'from the tyranny of arbf
vary arrests,and another saysin the most emphatic
terms that a refusal to adopt the icitolution is an
indorsement of usurpations by the Government.
I am not willing, when a resolution is thusadvo
bated, that it iliall-everio to the country witli the
sanction ormy vote. This debate goes to the cant] -
try; the revolution gobs to the country advocated
upon these reasons, and it goes with the indorse- •
ment of the Serrate. What other:cOnclusion can
the country come to; or wilt the country arrive at
than that the Senate by its delibiirate vote has fixed
upon this Ailministration, upon the President,'ainf
upon the Cabinet, the charge that the Senator from
Kentucky, not fio where, spe nt the whole Of his .
time and the whole of his talents during the last
session to fix upon the Administration—le charge
of tyranny, usurpation, lawlessness °faction, and
disregard of all constitutional guarantees for. the
rights of citizens? - -
'Mr. President, who has been arrested and im
prisoned that ought nit to have been arrested and
imprisoned? Willtentlemeti tell us? Will they tell ,
us who the suffering citizen in? I understand that
Mr. Faulkner, one of our foreign ministers under- '
a previous Administration, whes 'he returned to
the United States, was arrested is a loyal Stati,
or in a..loyal district, just as other arrests have
been inade;.upon the authority of the Executive,
and imprisoned by the authority of the Exebutive
without having passed through the ordinary forms
required by municipal law. Is his imprisonment
one of the acts of usurpation for which the Ad
ministration is to lie censured?` I entertain nn
'doubt, sir, either of the power or of the vropriety
of the exercise of the power, or, more, of the
bounden duty of the Governmenflo exercise the
power on every suitable and appropriate occasion.
Now, sir, permit - me' to ask a question the
learned Senator from Maine, [Mr. Fessriiiirx,l
than whom there is no man whose opinion carries,
more authority with me: When he - admits 'that
these arrests are all in violation.of the Constitu
tion, and announces his purpose nevertheless to
' sustain them upon the ground of necessity, per-
mit me to ask hint if one of leaders-of the re
bellion from the Soutli,Jefferson Davis or General
-Reauregard, should make his appearance in one
of the fdyal States of this Union, should be upon
its borders makin g his escape back to the•rebel
districts, whether he doubts for an instant the
power of the President, of the executive depart
ment of the, Government, by telegraph, to order .
his instant arrest add incarceration without await
ing the delay that c o n fo rmity to the requirements
ofrriunicipal law-would make necessary?
Mr..FESSENDEN. N Does the Senator want.
an answer?
r..BROWN ENG. I would pleased to have
an answer.
-Mr. FESSENDEN. Well, sir, with reference
to that, I will say that I should grab such a fellow
wherever' I foam' him; without the slightest hesi
tation in the world; and, with regard to any man
who is kndwn to have cum - mated an overt act of
treason, I have no doubt of the legality: of seizing
him anywhere. But 1 went farther, if the Scum
tor will recollect. I spoke ;not with reference to
Maryland and plities'Airectly . about the seat of
war, and where military operations are carried on,
because-those depend upon a different principle.
The war power will justify those unquestionably._
My reference was to seizures of men in States
where there were no maim?) , operations at all—
distant. States; and I. said, 'even with regard to
those; that while I believed 'there had been cases
of arristmerely on suspicion, and therefore with -
out warrant of law„in times like these, if in the
opinion of the Executive the public 'good requires
That a particular •individualrrihould be arrested
'and imprisoned,-and he acted with good' motives
throughout, he was only acting in times like these
according to his duty; and I stood ready to defend
the act and to thank the man who, placed in a'
high position, chooses willingly to incur the haz
ard to hirimelf of proceeding Without the forms of
law for the purposeof advancing the public good. -
That was the position I took, sir. With • regard
.te• the Senator's 'general qUeition touching Alr.
Davis and all people of that description, I take it
there cannot be two opinions.
Mr. BROWNING. You concede the tonsa
tutionalitv of his arrest? • •
Mr. FESSENDEN. Unquestionably.'
Mr. BROWNING, I thank the Senator from
Maine for his clear, distinct,.and manly answer
to the - question l'ikt to him.. The Senate will
thank him,and the country will thank - him. He
has conceed all that- is necessary to secure the
defeat of this resolution. -
Now, sir, if it be constitutional to make an ar
rest under these circumstances, who is to judge
of the necessity arid the propriety of the arrest?
Are 'we to do it? When it'is made, arc we to call
on the Executive to communicate to vs - why he
-did it, and give to us-an exposition of his author
ity for doing so? No, sir; and in every other in
stance where the arrest is made, the Executive iso,
to judge of the necessity for the time and as
long as the necessity exists; until the emergency,
until the, danger out of which the necessity arose,
has passed,until till peril to the country has blown
over, until we arelignin secure upon our I - Goodly.
tions,•the Executive, and lie alone; is to exercise
the function of judgment, tke power of diaermi
nation; and yet; sir, his is not an ultimate judg
ment. Mlle becomes, as he is charged with bar
ing become,a usurper; if he becoines a tyrant, if
he uses this constitutional - power ant, mere pre
text for oppression, his. judgment is not an ulti
mate one. When the appropriate time-conies, we
can investigate his conduct and punish his dere r .
lictions; but this is not the,apprdpriatetime. Let
us now concentrate our efforts against the rebels;
let us fight them; let it not go to -the country that
we have ceasedtolnake.viar upon them, and have
turned, our batteries upon
-a coordinate depart
ment of the Government. When we do. that, we
become the alders and abettors of treason, and we
give aid and comfort to reb-Ilion everywhere liy
-the adoption of liny such resolution-or any such
measure at this time. •
.• The Senator from Maryland gives us dr gnu ify
ingintelligence that Maryland is vow represented •
in.the other hyena Of Congress by men gent here
by a majority of thirty . thousand loyal votes from
that State-. I rejoice with him, air,nt a result. ohm •
election in that State so much to be desired ,eograti
lying to the country, and so valuable ; our cause;
but, Mr. President, I think it by no means withbut
doubt, I think it a problem not easy of solOtiim,
whether any such result would- ever have .qeti
ob\ allied in Maryland if there had been ,no exer
else updh the traitors that infested that State-of
the - power that is bow denounced. Maryland had
her traitbrs as well ashen loyal citizens. Illinois
has her traitors. Every State, in this Union—l
blush to make- the acknowledgment—has her trai
tors as well MS her loyal citizens. Are we not to
touch them? Are we to permit a unite!. in Maine,
a traitor in Connecticut, a traitor in Illinois, who
can do our cause a hundred-fold the injury and
bring upon 'us a hundred times the disasters that
twenty traitor's in the-rebel States can ? Are we to
permit them to roam - the land at large, debake the
public mind, inform themaillves of every.ministire
of Government; and communicate the intelligence
to the enemy to defeat the movements of our Army
or Navy? Arc they to stalk the -land with the
shield of the .Constautiun over them—the protec
tion of the Constitution-for the destruction of
which they are exerting all the powers they have
And when the Administration—which deserves
our thanks fcir its vigilance; for its manliness in
taking - responsibility—has ferreted them out, and
laidits hand upon them, arc we't to denounce that
Administration because it arreseed them in a loyal-
State? Sir, if there are different degrees of denun
ciation due to traitors, if there were'ilifferenrde
grecs of Punishment that ought to be visited upon
traitors, those who infest - the loyal States, and
make war upon the Government that is feeding
them, upon the people who proteet them, deserve
a thousand-fold more of our denunciation and of
our punishment, if we could give it to them; than
traitors who are in mulct in open rebellion against
the Government. One of them is to some extent
redeemed byiris manliness of warfare; whilst t h e
other adds to the exit= of treason all tho actuate