July 8, 1862, the House, after a brief debate, passed a bill reported by
its Judiciary Committee directing the Secretaries of State and of War to
report to the judges of the courts of the United States the names of all
persons held as political prisoners, residing in the jurisdiction of
said judges, and providing for their prompt release unless the grand
jury should find indictments against them during the first term of court
thereafter. The bill also authorized the President, during any recess of
Congress, to suspend the privilege of the writ of _habeas corpus_
throughout the United States, or any part thereof, in cases of
rebellion, or invasion, where the public safety might require it, until
the meeting of Congress. Mr. Bingham, of Ohio, who reported the bill,
explained that the committee did not attempt to decide whether the right
to suspend the writ of _habeas corpus_ was vested in the executive or in
the legislative branch of the Government. That was a matter of dispute,
and the bill was intended to settle doubts, not theoretically but
practically. If the right belonged to the Executive under the
Constitution the passage of the bill would do no harm; if it belonged to
Congress the bill would enable the President to exercise it legally. A
motion to lay the bill on the table was negatived by a vote of 29 to 89,
after which it was passed without a division.
July 15, Trumbull reported this bill from the Judiciary Committee of the
Senate with a recommendation that it pass. It was opposed vigorously by
Wilson, of Massachusetts, who called it a general jail delivery for the
benefit of traitors. He moved to strike out all of it except the section
which authorized the President to suspend the privilege of the writ of
_habeas corpus_. This motion was rejected by a majority of one, but the
session came to an end on the following day without a final vote on the
passage of the bill.
In the meantime President Lincoln had seen fit to transfer the license
of making arbitrary arrests from the Secretary of State to the Secretary
of War. The change was no betterment, however, for, where Seward had
previously chastised the suspected ones with whips, Stanton now
chastised them with scorpions. Arbitrary arrests became more numerous
and arbitrary than before. A special bureau was created for them under
charge of an officer styled the Provost Marshal of the War Department.
Public-domain text, read in full here on John Shaqi.
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