222 



CONGRESS, U. S. 



soiiabie search and seizures, and have been denied 

 the right to a speedy trial and investigation, and 

 have languished in prisons at the arbitrary pleasure 

 of the chief Executive and his military subordinates : 

 Now, therefore 



1. Resolved, That no power is delegated by the 

 Constitution of the United States, either to the legis- 

 lative or executive power, to suspend the privileges 

 of the writ of habeas corpus in any state loyal to the 

 Constitution and Government not invaded, and in 

 which the civil and judicial powers are in full opera- 

 tion. 



2. Resolved, That Congress has no power under 

 the Constitution to delegate to the President of the 

 United States the authority to suspend the privilege 

 of the writ of habeas corpus, and imprison at his 

 pleasure, without process of law or trial, the citizens 

 of the loyal States. 



3. Resolved,, That the assumption of the right by 

 the Executive of the United States to deprive the 

 citizens of such loyal States of the benefits of the 

 writ of habeas corpus, and to imprison them at his 

 pleasure, without process of law, is unworthy the 

 progress of the age, is consistent only with a des- 

 potic power unlimited by constitutional obligations, 

 and is wholly subversive of the elementary principles 

 of freedom upon which the Government of the Unit- 

 ed States and of the several States is based. 



4. Resolved, That the Judiciary Committee be in- 

 structed to prepare and report a bill to this House, 



rotecting the rights of the citizens in the loyal 

 fates, in strict accordance with the foregoing pro- 

 visions of the Constitution of the United States. 



They were rejected by the following vote : 



YEAS Messrs. James C. Allen, William J. Allen, 

 Ancona, Augustus C. Baldwin, Bliss, Brooks, James 

 S. Brown, Chanler, Coffroth, Cox, Cravens, Daw- 

 son, Dennison, Eden, Edgerton, Eldridge, English, 

 Finck, Ganson, Grider, Hall, Harding, Harrington, 

 Benjamin G. Harris, Herrick, Holman, William 

 Johnson, Kernan, King, Knapp, Law. Le Blond, 

 Long, Mallory, Marcy, McAllister, McDowell, Mc- 

 Kinney, Middleton, William H. Miller, James R. 

 Morris, Morrison, Nelson, Noble, Odell, John O'Neill, 

 Pendleton, Perry, Radford, Samuel J. Randall, Rob- 

 inson, Rogers, Ross, Scott, John B. Steele, William 

 G. Steele, Stiles, Strouse, Sweat, Voorhees, Wads- 

 worth, Ward, Wheeler, Chlton A. White, Joseph 

 W. White, Winfield, and Fernando Wood 67. 



NATS Messrs. Alley, Allison, Ames, Arnold, Ash- 

 ley, John D. Baldwin, Beaman, Blaine, Blow, Bout- 

 well, Brandegee, Broomall, William G. Brown, Am- 

 brose W. Clark, Freeman Clarke, Clay, Cobb, Cole, 

 Creswell, Henry Winter Davis, Thomas T. Davis, 

 Dawes, Dixon, Donnelly, Briggs, Dumont, Eckley, 

 Eliot, Farnsworth, Fenton, Frank, Garfield, Gooch, 

 Grinnell, Hale, Higby, Hooper, Hotchkiss, Asahel 

 W. Hubbard, John H. Hubbard, Hulburd, Jenckes, 

 Julian, Kasson, Kelley, Francis W. Kellogg, Orlando 

 Kellogg, Loan, Longyear, Lovejoy, Marvin, McBvide, 

 McClurg, Mclndoe, Samuel F. Miller, Moorhead, 

 Morrill, Daniel Morris, Amos Myers, Leonard Myers, 

 Norton, Charles O'Neill, Orth, Perham, Pike, Pome- 

 roy, Price, William H. Randall, Alexander H. Rice, 

 Jo'hn H. Rice, Edward H. Rollins, Schenck, Scho- 

 field, Shannon, Sloan, Smith, Smithers, Spaulding, 

 Stevens, Thayer, Tracy, Van Valkenburgh, Elihu B. 

 Washburne, William B. Washburn, Wnaley, Wil- 

 liams, Wilder, Wilson, Windorn, and Woodbridge 

 90. 



On Feb. 29th, Mr. Pendleton, of Ohio, offer- 

 ed the following resolution, and moved the pre- 

 vious question : 



Resolved (as the sense of this House), That the 

 military arrest, without civil warrant, and trial by 

 military commission, without jury, of Clement L. 

 Vallandigham, a citizen of Ohio, not in the land or 

 naval forces of the United States, or the militia inac- 



tive service, by orcier of Major-Gen. Burnslde, and 

 his subsequent banishment by order of the Presi- 

 dent, executed by_ military force, were acts of mere 

 arbitrary power, in palpable violation of the Const!' 

 tution and laws of the United States. 



It was rejected by the following vote : 

 YEAS Messrs. James C. Allen, Ancona, Augustus 

 C. Baldwin, Brooks, Chanler, Cofi'roth, Cox, Daw 

 son, Dennison, Eden, Eldridge, Finck, Ganson, 

 Harding, Harrington, Herrick, Holman, Hutchins, 

 Kernan, Knapp, Law, Long, Marcy, McDowell, Mo- 

 Kinnev, William H. Miller, Morrison, Nelson, Noble, 

 John O'Neill, Pendleton, Radford, Samuel J. Ran- 

 dall, Rogers, Ross, Scott, Stebbins, John B. Steele, 

 William G. Steele, Stiles, Strouse, Stuart, Sweat, 

 Voorhees, Wadsworth, Chilton A. White, and Win- 

 field 47. 



NATS Messrs. Alley, Allison, Anderson, Arnold, 

 Bailey, John D. Baldwin, Baxter, Francis P. Blair, 

 Blow, Boutwell, Boyd, Brandegee, Ambrose- W. 

 Clark, Freeman Clarke, Clay, Cobb, Cole, Creswell, 

 Henry Winter Davis, Dawes, Deming, Dixon, Don- 

 nelly, Driggs, Dumont,' Eliot, Farnsworth, Frank, 

 Grinnell, Hale, Higby, Hooper, Hotchkiss, Asahel 

 W. Hubbard, John H. Hubbard, Jenckes, Julian, 

 Kelley, Francis W. Kellogg, Orlando Kellogg, Loan, 

 Marvin, McBride, McClurg, Moorhead, Morrfll, Dan- 

 iel Morris, Amos Myers, Leonard Myers, Norton, 

 Charles O'Neill, Patterson, Perham, Pomeroy, Price, 

 William H. Randall, John H. Rice, Schenck, Sco- 

 field, Shannon, Sloan, Smithers, Starr, Stevens, 

 Thayer, Thomas, Upson, Van Valkenburgh, Elihu 

 B. Washburne, William B. Washburn, Whaley, Wil- 

 liams, Wilder, Wilson, Windom, and Woodbridge 

 76. 



On March 21st, Mr. Eldridge, of Wisconsin, 

 offered the following resolution : 



Resolved, That the President of the United States 

 be respectfully requested, and that the Secretary of 

 State and the Secretary of War be directed to report 

 and furnish to this House the names of all persons, 

 if any there are, arrested and held in prison or con- 

 finement in any prison, fort, or other place whatso- 

 ever, for political offences, or any other alleged of- 

 fence against the Government or authority of the 

 United States, by the order, command, consent, or 

 knowledge of them, or either of them, respectively, 

 and who have not been charged, tried, or convicted 

 before any civil or criminal (not military) court of 

 the land ; together with the charge against such per- 

 son, or cause for such arrest and imprisonment, if 

 there be any ; and the name of the prison, fort, or 

 place where they are severally kept or confined. 

 Also, whether any person or persons, for any alleged 

 like offence, have been banished or sent from the 

 United States, or from the States not in rebellion to 

 the rebellious States, and the names, times, alleged 

 offence, and cause thereof: and whether with or 

 without trial ; and if tried, before what court. 



It came up on April 4th, when Mr. Rollins, 

 of New Hampshire, moved to lay it upon the 

 table, which was ordered by the following 

 vote: 



YEAS Messrs. Alley, Allison, Ames, Anderson, 

 Arnold, Ashley, John D. Baldwin, Baxter, Beman, 

 Blaine, Blow, Boyd, Broomall, William G. Brown, 

 Ambrose W. Clark, Freeman Clarke, Cobb, Cole, 

 Thomas T. Davis, Dixon, Driggs, Eckley, Eliot, 

 Frank, Grinnell, Hale, Higby, Hooper, Hotchkiss, 

 Asahel W. Hubbard, Jenckes, Julian, Francis W. 

 Kellogg, Longyear, McBride, McClurg, Samuel F. 

 Miller, Moorhead, Morrill, Amos Myers, Leonard 

 Myers, Norton, Charles O'Neill, Orth, Patterson, 

 Perham, Pike, Price, Alexander H. Rice, Edward H, 

 Rollins, Shannon, Spalding, Stevens, Thayer, Tracy 

 Upson, Van Valkenburgh, Elihu B. Washburne, 



