854 



INDEX OF CONTENTS. 



to have bad several thousand arrests, 235 ; never baa any 

 Government been so humane, so just, so merciful, 285; 

 the value of a Government heretofore consisted in the 

 guardianship it afforded to the individual liberty of the 

 citizen, 235; prison door open to all arrested on sus- 

 picion if they will take the oath, 28; soldiers sent to 

 every voting place in the two lower counties of Dela- 

 ware at the last election, 286; it is said men ought not 

 only to have been arrested and imprisoned, but hung or 

 shot, 286 ; explanation, 236 ; exercise of this power re- 

 fretted, 236; the President has asserted and claimed 

 the right to dispense with the law requiring the habeas 

 corpus to issue, 236; judiciary powerless fur redress, 237; 

 can a government be free with the judiciary set at de- 

 fiance? 237; wo cannot afford these arrests, 237; if the 

 writ U suspended, there is no right to make these ar- 

 rest*, 287 ; point to the clause of the Constitution or the 

 law that authorizes officials to make arrests, 238; a ques- 

 tion proposed, 233 ; is the habeas corpus used only for 

 the purpose of inquiring whether the process was legal? 

 388; In some cases the guilt or innocence maybe in- 

 quired Into, 233; does the suspension of the writ author- 

 ize the President to arrest and imprison a man ? 239 ; 

 what if certain persons are arrested in Delaware? 239; 

 willing to trust these affairs to the President, 240; loy- 

 alty must be to an administration and not to a govern- 

 ment, 240; the safety of the republic is the supreme law, 

 240; supposing the intention of the President is honest, 

 therefore 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 trespass- 

 ers, 241 ; "away with this nonsense that slavery has been 

 the cause of the war," 241 ; yeas and nays on the resolu- 

 tion, 241. 



In the House, a bill to indemnify the President and 

 other persons for suspending the privilege of the writ of 

 habeas corpus, <kc., considered, 241 ; the President had 

 the authority 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 Indemnity does not necessarily deprive a party 

 of his civil remedy, 242; the bill is drawn according to 

 the English precedents, 242 ; yeas and nays on the bill, 

 848; protest of certain members, 243. 



In the Senate, a motio%to strike out the third section 

 of their bill to discharge State prisoners, and to author- 

 ize the suspension of the writ of habeas corpus, consid- 

 ered, 244 ; the section, 244 ; this legislation an improper 

 Interference with the duties and powers of the executive 

 offlee, 244; power of the President, 244; the most im- 

 proper appeals are made to the ignorant to alarm their 

 fears on this subject, 245; two objections to the section, 

 MS; nothing to show the power to suspend the writ of 

 babeai corpus to a legislative power, 246; whose duty IB 

 It to preserve the Government, protect the Constitution, 

 ad execute the laws? 246; Congress alone has the power, 

 S46 ; the English Parliament alone can suspend It, 247 ; 

 the hypothesis of the power in the President is an as- 

 sumption, 247 ; on what U the right to arrest based ? 

 247; examination of Mr. Blnney'a views, 247; no bill 

 should be passed and sent to the President for approval 

 which implied that his decision relative to the suspen- 

 sion was wrong, 248; propositions before the Senate, 

 M8; s person sued should be allowed to remove the 

 CMe to the U. 8. Circuit Court, 249; what Is the object 

 of letting case into the Circuit Court? 249. 



A substitute for the House bill offered, 249; referred 

 and reported In place of the House bill, 249; amend- 

 ment* offered, 249 ; effect of the amendment*, 249; Mar- 



shall 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 regards their criminal jurisdiction, 250; substitute ac- 

 cepted, 250; no precedent, 250; copy of the act of 1815, 

 251 ; case already provided for, under right of appeal, 

 251 ; nothing alarming 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 reading, 251 ; 

 nothing in the bill that does aught than advance us to- 

 ward 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 principle 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 ; report, 253 ; 

 report considered in the Senate, 258 ; 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? 258; 

 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 ; pre- 

 cept to be issued by the President, 257; amendments 

 explained, 257; delegation of power to the President, 

 257; opposed, 253 ; bill passed, 258 ; yeas and nays, 258 ; 

 laid aside in the House, 258. 



In the Senate, a resolution of inquiry relative to the 

 presence of armed soldiers at the polls in Delaware con- 

 sidered, 258 ; affairs at the polls, 259 ; the information 

 desired, 259 ; motion to refer to the committee on mili- 

 tary affairs, 259 ; further debate, 260. 



In the House, the appropriation bill considered, 260 ; 

 no warrant in the Constitution for the admission of 

 West Virginia, 260 ; reasons, 260 ; are not the seceded 

 States still members of the Union? 260; the ordinances 

 of secession took them out, 260; how then levy a tax on 

 them? 260; as a war measure, 260; we are to treat 

 them simply as provinces to be conquered, 261 ; are these 

 people now citizens of the United States, or are they an 

 independent nation ? 261 ; belligerents, 261 ; right to treat 

 them as we would any conquered provinces, 261 ; further 

 remarks, 262 ; duty of the Government to protect loyal 

 citizens in seceded States, 262 ; no authority in the Con- 

 stitution for the appointment of military governors, 263 ; 

 object of the present bill to enforce the collection of a 

 tax in the disaffected States, 268; upon what ground, 

 268; the authority of the National Government binds 

 and covers every inch of the national domain, 263 ; issue 

 of the war depends on the border States, 261; cannot 

 execute the Constitution in the seceding States, 264; the 

 idea repudiated that it is unconstitutional to annihilate 

 or extirpate the rebels, 264; the State belongs to tho 

 loyal citizens if composing only a third or a fourth, 264. 



In the House, resolutions relative to public affairs con- 

 sidered, 265. 



In the House, a bill to raise additional soldiers con- 

 sidered, 268; substitute proposed to raise colored troops, 

 268; motion to refer to Committee on Military Affairs, 

 268 ; it is intended to put the African soldier on equality 

 with the white soldier as to the protection which tho 



