In the ensuing political campaign the Democrats made the greatest
possible use of the issue thus presented, and they showed large gains in
the congressional elections in the autumn of 1862. They carried New
York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, and Wisconsin.
Horatio Seymour was elected governor of the Empire State, and William A.
Richardson (Democrat) was chosen by the legislature of Illinois as
Senator in place of Browning, who was filling the vacancy caused by the
death of Senator Douglas. It is impossible to say how much influence the
arbitrary arrests had in producing these results, but it is certain that
the Republican leaders were alarmed. Stanton fell into a panic. The
general jail delivery apprehended by Wilson took place by a stroke of
Stanton's pen on the 22d of November, without waiting for the final vote
on Trumbull's bill, and Wilson himself voted for the bill.
In the House, Thaddeus Stevens introduced a bill to indemnify the
President and all persons acting under his authority for arrests and
imprisonments previously made. This was passed under the previous
question, December 8, unfairly and without debate.
When Congress reassembled in December, Trumbull called up the House bill
and offered a substitute for it. He held that under the Constitution
Congress must authorize and regulate the suspension of the writ of
_habeas corpus_. He would not, however, limit the exercise of the
executive power to the time of meeting of the next Congress, as the
House bill provided. His substitute proposed that the suspension of the
writ should be left to the discretion of the President as to time and
place during the continuance of the rebellion, but that political
prisoners should not be held indefinitely without knowing the charges
against them. The second section provided that lists of all prisoners of
this class in the loyal states should be furnished, within twenty days,
to the courts of the respective districts and laid before the grand
juries with a statement of the charges against them, and if no
indictments should be found against them during that term of court they
should be discharged upon taking an oath of allegiance to the United
States, and (if required by the judge) giving a bond for good behavior.
Future arrests for political offenses were to be regulated in like
manner. Collamer moved to strike out the second section, but failed by
two votes.
Public-domain text, read in full here on John Shaqi.
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