MR. TRUMBULL. They ought to be discharged, and they ought to be
arrested, too. An innocent man ought to be arrested, put into
prison, and by and by discharged. Sir, that is not my idea of
individual or constitutional liberty. I am engaged, and the
people whom I represent are engaged, in the maintenance of the
Constitution and the rights of the citizens under it. We are
fighting for the Government as our fathers made it. The
Constitution is broad enough to put down this rebellion without
any violations of it. I do not apprehend that the present
Executive of the United States will assume despotic powers. He
is the last man to do it. I know that his whole heart is
engaged in endeavoring to crush this rebellion, and I know that
he would be the last man to overturn the Constitution in doing
it. But, sir, we may not always have the same person at the
head of our affairs. We may have a man of very different
character, and what we are doing to-day will become a precedent
upon which he will act. Suppose that when the trouble existed
in Kansas, a few years ago, the then President of the United
States had thought proper to arrest the Senator or myself, and
send him or me to prison without examination, without
opportunity to answer, because in his opinion we were dangerous
to the peace of the country, and the necessity justified it.
What would the Senator have thought of such action?
The debate lasted the whole day. Senators Hale, Fessenden, Kennedy, and
Pearce, of Maryland, supported the resolution. Senators Wilson, of
Massachusetts, and Browning, of Illinois, opposed it.
Read in the light of the present day the arguments of the opposition are
extremely flimsy. They said in effect: "We know that our rulers mean
well; if we ask them any questions, we shall cast a doubt upon their
acts and then the wicked will be encouraged in their wrongdoing, and
treason will multiply in the land." It was Trumbull's opinion that
arbitrary arrests were causing division and dissension among the loyal
people of the North, and were thus doing more harm than good, even from
the standpoint of their apologists. Democratic conventions censured
them. That of Indiana, for example, resolved:
That the total disregard of the writ of _habeas corpus_ by the
authorities over us and the seizure and imprisonment of the
citizens of the loyal states where the judiciary is in full
operation, without warrant of law and without assigning any
cause, or giving the party arrested any opportunity of defense,
are flagrant violations of the Constitution, and most alarming
acts of usurpation of power, which should receive the stern
rebuke of every lover of his country, and of every man who
prizes the security and blessings of life, liberty, and
property.
Public-domain text, read in full here on John Shaqi.
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