98 



CONGRESS, UNITED STATES (1863). 



240 ; loyalty must be to an administration and 

 not to a government, 240 ; the safety of the 

 republic is the supreme law, 240 ; supposing 

 the intention of the President is honest, there- 

 fore you are not to question his acts, 240 ; is 

 the right to repeal a law an executive power ? 

 241 ; the President and all men who do these 

 acts are trespassers, 241 ; " away with this 

 nonsense that slavery has been the cause of 

 the war, 1 ' 241 ; yeas and nays on the resolu- 

 tion, 241. 



In the House, a bill to indemnify the Presi- 

 dent and other persons for suspending the 

 privilege of the writ of habeas corpus, etc., 

 considered, 241 ; the President had the au- 

 thority by law, 241 ; the majority are prepared 

 to pass this bill now, 242 ; we must vindicate 

 him now or leave him to be persecuted as soon 

 as he retires from office, 242 ; sections of the 

 bill, 242 ; bill explained, 242 ; a bill of indem- 

 nity does not necessarily deprive a party of 

 his civil remedy, 242; the bill is drawn ac- 

 cording to the English precedents, 242; yeas 

 and nays on the bill, 243 ; protest -of certain 

 members, 243. 



In the Senate, a motion to strike out the 

 third section of their bill to discharge State 

 prisoners, and to authorize the suspension of 

 the writ of habeas corpus, considered, 244 ; 

 the section, 244 ; this legislation an improper 

 interference with the duties and powers of the 

 executive office, 244 ; power of the President, 

 244 ; the most improper appeals are made to 

 the ignorant to alarm their fears on this sub- 

 ject, 245 ; two objections to the section, 245 ; 

 nothing to show the power to suspend the 

 writ of habeas corpus is a legislative power, 

 246 ; whose duty is it to preserve the Govern- 

 ment, protect the Constitution, and execute 

 the laws ? 246 ; Congress alone has the power, 

 246 ; the English Parliament alone can suspend 

 it, 247 ; the hypothesis of the power in the 

 President is an assumption, 247 ; on what is 

 the right to arrest based? 247; examination 

 of Mr. Binney's views, 247; no bill should be 

 passed and sent to the President for approval 

 which implied that his decision relative to the 

 suspension was wrong, 248 ; propositions be- 

 fore the Senate, 248 ; a person sued should be 

 .allowed to remove the case to the U. S. Circuit 

 Court, 248 ; what is the object of getting a 

 case into the Circuit Court? 249. 



A substitute for the House bill offered, 249 ; 



referred and reported in place of the House 

 bill, 249 ; amendments offered, 249 ; effect of 

 the amendments, 249 ; Marshall on this power 

 of removal of causes, 250 ; crimes committed 

 against the States cannot be transferred to U. 

 S. courts, 250 ; the Governors of States only 

 have power to pardon for offences against the 

 criminal codes of States, 250 ; statement of 

 Chief -Justice Marshall, 250 ; this is the entire 

 destruction of the powers of the States as re- 

 gards their criminal jurisdiction, 250 ; substi- 

 tute accepted, 250 ; no precedent, 250 ; copy 

 of the act of 1815, 251 ; case already provided 

 for, under right of appeal, 251 ; nothing alarm- 

 ing in the provision, 251 ; this right of transfer 

 is restricted to one of the parties and denied 

 to the other, 251 ; bill ordered to a third read- 

 ing, 251 ; nothing in the bill that does aught 

 than advance us toward a desperate exercise 

 of power, 252; bill passed and sent to the 

 House, 252 ; yeas and nays on its passage, 252. 



Considered in the House, 252 ; the bill has 

 no parallel in the history of this or any other 

 people, 252 ; this bill goes beyond the princi- 

 ple of the celebrated Force bill of 1833, 252 ; 

 unheard of and most monstrous provisions, 

 253 ; House refuse to concur, 253. 



Committee of conference appointed, 253 ; re- 

 port, 253 ; report considered in the Senate, 253 ; 

 if the legislature suspends the privilege of the 

 writ of habeas corpus, either the judicial or 

 the ministerial officer shall apply the law to 

 the exigency, 253; duty of the Executive to 

 see every law faithfully executed, 253 ; what 

 is the privilege of the writ ? 253 ; who shall 

 suspend it? 253; further debate, 254; report 

 concurred in, 255 ; yeas and nays, 255 ; the 

 bill, 255. 



In the Senate, the bill to discharge State 

 prisoners further considered, 256 ; amendments 

 offered, 256 ; precept to be issued by the Pres- 

 ident, 257 ; amendments explained, 257 ; dele- 

 gation of power to the President, 257; op- 

 posed, 258; bill passed, 258; yeas and nays, 

 258 ; laid aside in the House, 258. 



In the Senate, a resolution of inquiry rela- 

 tive to the presence of armed soldiers at the 

 polls in Delaware considered, 258 ; affairs at 

 the polls, 259 ; the information desired, 259 : 

 motion to refer to the committee on military 

 affairs, 259 ; further debate, 260. 



In the House, the appropriation bill consid- 

 ered, 260 ; no warrant in the Constitution for 



