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SEDITION LAW NUMBER TWO-THE ACT
STRIKE DOWN THE HABEAS CORPUS.
through the Department of War. And in all cases where a grand jury having attended any
of said courts, having jurisdiction in the premWe have deemed it important, in the pro- ises, after the passage of this act, and after gress of this work, as showing the revolution the furnishing of said list, as aforesaid, has ary spirit of those in power to place on record dictment, or presentment, or other proceeding in these pages the
against such person, it shall be the duty of " Act Relating to Habeas Corpus, and Regu; order that any such prisoner desiring a dis
the judge of said court forth with to make an lating Judicial Proceedings in Certain Cases,”? | charge from such imprisonment, be brought so that the reader may compare it with the of the United States having custody of such
before him to be discharged, and every officer aims and purposes of the Sedition Act of old, prisoner, is hereby directed immediately to and to properly appreciate this Sedition Law obey and execute said judge's order. In case No. 2, it should be read by the light of the vote he shall delay or refuse so to do, he shall be
subject to indictment for a misdemeanor, and in Congress, by which the resolution ignoring be punished by a fine of not less than $500, à despotism on the ruins of our Government and imprisonment in the common jail for a pewas tabled.
riod not less than six months, in the discretion
of the court; Provided, however, that no per"Sec. 1. Be it enacted, &c., That during the son shall be discharged by virtue of the provispresent rebellion, the President of the United ions of this act, until after he or she shall States, whenever in his judgment the public have taken an oath of allegiance to the governsafety may require it, is authorized to suspend ment of the United States, and to support the the privilege of the writ of habeas corpus in constitution thereof, and that he or she will any case throughout the United States, or any not hereafter, in any way encourage or give aid part thereof, and whenever and wherever the and comfort to the present rebellion, or to the said privilege shall be suspended, as aforesaid, supporters thereof; and, provided, also, that no military or other officer shall be compelled, the judge, or court, before whom such person in answer to any writ of habeas corpus, to re- may be brought, before discharging him or her turn the body of any person or persons detain- from imprisonment, shall have power, on exed by him, by authority of the President, but amination of the case, and if public safety shall upon a certificate, under oath of the officer require it, shall be required to cause him or having charge of any one so detained, that such her to enter into recognisance, with or without a person is detained by him as a prisoner, un- security, in a sum to be fixed by said judge or der authority of the President, further pro- court, to keep the peace and be of good beceedings under the writ of habeas corpus shall havior towards the United States and its citibe suspended by the Judge or court having is- zens, and from time to time, and at such times sued the said writ, so long as said suspension as such judge or court may' direct, appear beby the President shall remain in force, and the fore such judge or court, to be further dealt said rebellion continue.
with, according to law, as the circumstances "Sec. 2. And be it further enacted, &-c., That may require, and it shall be the duty of the the Secretary of State and the Secretary of District Attorney of the United States to atWar be, and they are hereby directed, as soon tend such examination before the judge. as may be practicable, to furnish to the Judges "Sec. 3. And be it further enacted, That in of the Circuit and District Courts of the United case any of such prisoners shall be under indictStates, and of the District of Columbia, a list ment or prosecutions, for any offense against of the names of all the persons, citizens of the the laws of the United States, and by existing States in which the administration of the laws laws, bail or recognizance may be taken for the has continued unimpaired, in the said Federal appearance, for trial of such person it shall be Courts, who are now, or may hereafter be held the duty of said judgeat once to discharge such as prisoners of the United States, or order or person, upon bail or recognizance, for trial, as authority of the President of the United aforesaid, and case the said Secretaries of State States, or either of said Secretaries, in any and War shall for any reason, refuse or omit fort, arsenal, or other place, as State or polit- to furnish the said list of persons held as prison. ical prisoners, or otherwise, than as prisoners ers,as aforesaid, at the time of the passage of this of war, the said list to contain the names of all act, within twenty days thereafter, and of such
hose who reside in the respective jurisdictions persons as hereafter may be arrested within of said Judges, or who may be deemed by the twenty days from the time of the arrest, said Secretaries, or either of them, to have vi- | any citizen may after a Grand Jury shall olated any law of the United States, in any of have
without findsaid jurisdictions, and also the date of eaching an indictment or presentment, as provided arrest; the Secretary of State to furnish a list in the second section of this act, by a petition, of such persons as are imprisoned by the order alléging the facts aforesaid, touching any of or authority of the President, acting through the persons, so as aforesaid imprisoned, supthe State Department, and the Secretary of ported by the oath of such petitioner, or any War a list of such as are imprisoned by the or- other credible person, obtain and be entitled der or authority of the President, acting to have the said judge order to discharge such
prisoner on the same terms and conditions pre- , at which the same shall have taken place, from scribed in the second section of this act, pró- such court to the next Circuit Court of the vided, however, that the said judge shall be United States, to be held in the district in satisfied, such allegations are true.
which such appeal shall be taken, in manner "Sec. 4. And be it further enacted, That aforesaid. And it shall be the duty of the any order of the President or under his an- person taking such appeal, to produce and file thority, made at any time during the existence in the said Circuit Court attested copies of the of the present rebellion, shall be a defense in process, proceedings and judgment in such all courts to any action or prosecution, civil or cause, and it shall also be competent, for either criminal, pending or to be commenced, for any party, within six months after the rendition of search, seizure, arrest or imprisonment made, a judgment in any such cause, by writ of done or committed, or acts omitted to be done, error or other process, to remove the same to under, and by virtue of such order, or under the Circuit Court of the United States of that color of any law of Congress, and such defense district in which such judgment shall have been may be made by special plea, or under the gen- rendered, and the said Circuit Court shall eral issue.
thereupon proceed to try and determine the "Sec. 5. And be it further enacted, That if facts and the law in such action, in the same any suit or prosecution, civil or criminal, has manner as if the same had been there origibeen or shall be commenced in any state court nally commenced, the judgment in such case against any officer, civil or military, or against notwithstanding. And any bail which may any other person, for any arrest or imprison- have been taken, or property attached, shall be ment, made, or other trespasses, or wrongs holden on the final judgment of the said Cirdone or committed, or any act omitted to be cuit Court in such action, in the same manner done, at any time during the present rebellion, as if no such removal and transfer had been by virtue or under color of any authority de- made as aforesaid. And the state court from rived from, or exercised by, under the Presi- which any such action, civil, or criminal, may dent of the United States, or any act of Con- be removed and
and transferred aforegress, and the defendant shall at the time of said, upon the parties giving good and suffientering his appearance in such court, or if cient security for the prosecution thereof, shall such appearance shall have been entered, be- allow the same to be removed and transferred,
passage of this act, then at the next and proceed no further in the session of the court, in which such suit or however that if the party aforesaid shall fail prosecution is pending, file a petition, stating duly to enter the removal and transfer, as the facts, and verified by affidavit for the re- aforesaid, in the Circuit Court of the United moval of the cause for trial at the next Circuit States, agreeably to this act, the state court by Court of the United States to be holden in the which judgment shall have been rendered, and district where the suit is pending, and offer from which the transfer and removal shall have good and sufficient surety for his filing in such been made, as aforesaid, shall be authorized, court, on the first day of its session, copies of on motion for that purpose, to issue execution, such process and other proceedings against and to carry into effect any such judgment, him, and also for his appearing in such court, the same as if no such removal and transin entering special bail in the cause, if special fer had been made: And Provided also, bail was originally required therein, it shall then that no such appeal or writ of error shall be be the duty of the state court to accept the allowed in any criminal action or prosecution surety, and proceed no further in the cause or where final judgment shall have been rendered prosecution, and the bail that shall have been in favor of the defendant or respondent, by the originally taken, shall be discharged, and such state court. And if in any suit hereafter comcopies being filed, as aforesaid in such court of menced, the plaintiff is nonsuited or judgment the United States, the cause shall proceed pass against him, the defendant shall recover therein, in the same manner as if it had been double costs. brought in said court by original process,what- “Sec. 6, And be it further enacted, That any ever may be the amount in dispute, or the suit or prosecution described in this act in damages claimed, or whatever the citizenship which final judgment may be rendered in the of the parties, any former law to the contrary Circuit Court, may be carried by writ of error notwithstanding. And any attachment of the to the Supreme Court, whatever may be the goods or estate of the defendant, by the origi- amount of said judgment. nal process, shall hold the goods or estate of "Sec. 7. And be it further enacted, That no the defendant, so attached, to answer the suit or prosecution, civil or criminal, shall be final judgment, in the same manner as by maintained for any arrest or imprisonment the laws of such state they would have been made, or other tresspasses or wrongs done or holden to answer final judgment, had it been committed, or act omitted to be done, at any rendered in the court in which the suit or time during the present rebellion, by virtue or prosecution was commenced. And it shall be under color of any authority derived from, or lawful in any such action or prosecution which exercised by, or under the President of the may be now pending or hereafter commenced, United States, or by or under any act of Conbefore any state court whatever, for any cause gress, unless the same shall have been comaforesaid, after final judgment, for either par- menced within two years next after such arrest, ty to remove and transfer, by appeal, such imprisonment, trespass, or wrong may have case during the session or term of said court, been done or committed, or act may have been
omitted to be done! Provided, That in no case follows, which shows that its politics outshall the limitation herein provided commence weighs its "love" for the Union. to run until the passage of this act, so that no party shall, by virtue af this act, be debarred "A journal which seeks occasion to differ of his remedy by suit or prosecution, until two with the Tribune, asserts that after having years from and after the passage of this act.” þeen willing to 'let the cotton states go, we
have opposed every proposition. looking to peace. This is astonishingly wide of the truth.
The one thing that we have steadfastly opposed The above act passed the House of Repre- -that we have deemed too dear a price, even sentatives, March 3d, 1863. We annex the list for peace-is new concessions-new.guarantees
to human slavery. Take any form but that. of yeas and nays so that the reader may see
Let us have a Union of peace as who did this thing," and to what political soon as possible, but never by new concessions faith they belong.
to, new compromises with, slavery."
VOTE ON THE PASSAGE OF SAID BILL.
Aldrich, R. Fisher, R.
WITHOUT NEGRO EQUALITY THE UNION OF NO Arnold, R. Frauchet, R. Pomeroy, R.
ACCOUNT. Ashley, R. Frank, R.
Porter, R. Babbitt, R. Gordin, R. Rice, (Me.) R.
The Chicago Journal uses the following inBaker, R. Gurley, R.
Riddle, R. Baxter, R.
Hahn, u. Rollins, (N. H.) R. genious argument to prove that the President
Sargeant, R. is not in favor of the Union as it was:')
"ALL A MISTAKE.-The Chicago Tribune
complains with some bitterness of an expressBrowne, (Va.) U. Julian, R.
ion in the President's letter to Horace GreeBuffington, R. Kelley, R.
ley, which quotes as follows: The sooner the Campbell, R. Kellogg, (Mich.) R.Spaulding, R.
National authority is restored the sooner the Casey, U.
Kellogg, (Ill.) R. Stevens, R. Chamberlain, R. Killings, R. Stratton, R.
Union will be the Union as it was.” [The Clark, R,
Lansing, R. Thomas, (Md.) U. italics are not ours.] The Tribune's ground of Colfax, R. Lary, U. Trimble, R.
complaint is, that the President seems to look Conklin, F. A., R. Lehman, D. Trowbridge, R. Conklin, R., R.
to restoring the old order of things, just as it Loomis, R.
Van Horn, R.
Van Valkenburg, R existed immediately preceding the rebellion. Cutler, R,
McIndoe, R. Van Wyck, R. Such would be the inference if the President Davis, R. McKean, R. Verree, R.
had used the language imputed to him, but the Dawes, R.
McKnight, R. Walker, R.
Tribune has misquoted. The language of the
President, as we find it published in the NaEdgerton, R. Maynard, U. Washburne, R. tional Intelligencer, the nnquestionably correct Elliott, R. Mitchell, R. Wheeler, R.
version is as follows: The sooner the NationEly, R.
Moorehead, R. White, (Ind.). R. Fenton, R. Morill, (Me.) R. Wilmer, R.
al authority can be restored, the nearer the Fessenden, S.C., R.Nixon, R. Windham, R. Union' will be the Union as it was.?
This conFessenden, T AF.RPatton, R. Worcester, R.
tains a different idea from that contained in the Flanders, Ú. Phelps, (Cal.) R. Ayes 100; all anti-Democratic but one.
sentence quoted by the Tribune. It shows the President does not expect the old order of
things will be restored," &c. Allen, (0.) D. Johnson, D. Shiel, D. Allen, (Ill.) D. Karrigan, D. Smith, R.
And we may add, his subsequent action Anacona, D. Knapp, D. Steele, D. N. D. Biddle, D., Law, D.
Steele, (N. J.) D.
proves that the Journal was correct: Calvert, D. Mallory, U. Stiles, D. Cravens, D. May, D.
Thomas, (Mass.) U. A "LOYAL” APPEAL FOR DISSOLUTION. Crisfield, D. Menzies, U. Vallandigham, D. Delaplaine, D. Morris, D.
Voorhees, D. Dunlap, U. Noble, D. Wadsworth, D.
From a speech by WENDELL PHILLIPS, at English, D. Norton, D.
an Emancipation Anniversary meeting, in AbGranger, D. Nugin, D. Whité, (0.) D. Grider, Ú.
Pendleton, D. Wickliffe, U. ington, Mass., Aug. 1, 1862, we select the folHall, D. Perry, D.
Wood, D. Harding, D. Price, D.
lowing, which was applauded to the echo by the Holman, D. Robinson, D. Yeaman, D.
large crowd of Republicans present: Nays 45_only one Republican.
(We shall never have peace until slavery is As the foregoing act established a Dictator- destroyed. As long as you keep the present ship over the people so far as it was possible turtle (Lincoln) at the head of the Government for Congress to do it, we are anxious the men
you make a pit with one hand and fill it with the other.
If any man present of the future shall see who is responsible. believes he has light enough to allow him, let "ANYTHING BUT THAT."
him pray that Davis may be permitted to make
an attack on Washington City within a week. The New York Tribune having been taken to had, while in Washington, taken his measure.
The speaker knew Mr. Lincoln. He task by a "conservative” Republican paper for He is a first rate second rate man. That is all. its treasonable purposes, that sheet retorts as A mere convenience, and he is honestly wait
ing, like any other broom stick, for the people sertion here. The paragraphs here quoted, into take hold of him and sweep slavery out of dicate as strong as language can, the purpose the nation. Democracy is lifting up its fangs, of the Radicals to depose Mr. LINCOLN by and another Congress will not have the same amount of Republican and honest sentiment in force, unless he yielded to their demands, and it that the last had. Nothing less than a bap- issued the Proclamation, and it is but charity tism of blood, to cry in anguish for a corporate, to suppose that these and kindred threats, from idea, that the head of the army can save us.Lincoln is as good as the people of the North kindred sources, forced him to reconsider his want him. In years gone by, in yonder grove firm resolve on that subject: the Whigs fired cannons to smother the voices from the stand then occupied by the speaker,
"Let any one compare the State papers, [Phillips,] and what is the result? The messages, proclamations and orders that have sons of those Whigs now fill graves in Chicka- issued from this Administration during the hominy swamps. Let this Union be dissolved, past year and a half, with the documents which in God's name, and the corner stone of a new preceded and accompanied our own war of Inone be laid, in which shall be organized forev- dependence. The Bills of Rights of the coloer equality in a political sense for every man
nies sparkle with sentiments of humanity, of who is born into the world!"
right, of liberty, The resolves of the old colonial legislatures had in them that which fed the deep love of liberty in the human soul. The remonstrances addressed to the throne
the letters of eminent men---the declarations CHAPTER XX.
of Congress---were all aglow with a divine enDISLOYALTY OF REPUBLICANS-THE GREAT
thusiasm. ROUND-HEAD CONSPIRACY.
"Compare with these the papers that have
issued from our Government, during this inThreats to Force Mr. Lincoln to Issue the Proclamation... | fernal revolt of slave bred men against free From “New York Independent”..." Chicago Tribune
institutions—they are cold, heartless, dead. Against the "Union as It Was" ; also, its Threat to use Bayonets in Defiance of the People... The Radical
There has not been a line in any Conspiracy of 1862...Disclosures of the Round-Ilead government paper that might not have been is. Plot...Suggestions of the “ Boston Courier"; also, from sued by the Czar, by Louis Napoleon, or by an Albany Paper... The “St. Louis Anzeiger" Reveals the Plot...The**N. Y. Observer” Gives a Clue to It... | Jeff Davis. Gov. Ramsey, of Minnesota, on “Machinations of Home Our State papers, during this eventful peGovernments,”. &c. ... Legalized Treason ”.....From riod are void of genuine enthusinsm, for the
Boston Courier"... The Second Hartford Convention Toasted...Chas, Sumner Teaches Revolution...Mr. Sew- great doctrines on which this government was ard Boasts of Moro Despotic Power than the Queen of founded. Faith in human rights is dead in England dare Exercise... Thad. Stevens declares the Con- Washington. The Administration have faith stitution an " Absurdity”.. Republicans Cheering for in America, in the United States, in a united Damnation”... The "Boston Commonwealth” Denoun- | North, in a Republican party, but no faith in ces Restoration a Crime... The South Not Worth a that invisible principle which underlies and Copper”..."Boston Commonwealth” Curses the “Union
nourishes when. as It Was ” ... Bingham Don't Want the Cotton States...
to maintain their historic ideas. The nation The Constitution Committed to the Flames by Garrison Senator Henkle and Vallandigham... Destruction of the is never reminded of its political truths. The Constitution a Test of Loyalty...God and the Negro... | people not marched where their enthusiasm, Beecher Deciares that the Negro is our “Forlorn Hope” | like the sleeping music of the harp strings, Republican Bloodthirstiness...Jim Lane would send all the White Men to “ Hell”..."Chicago Tribune” Down lies waiting some touch to bring it forth, to rolí
" ? ...Amalgamation and Negro over this continent such an anthem as the Equality...Fred. Douglas and White Women... Wendell world never heard, and only a free people can Phillips Thanks God for Defeat...“N. Y. Tribune” Defies the National Government-Ben. Wado on Dissolu
chant. Let one of those grand old documents tion... The Seceding States follow Ben.'s Advice...C. be brought forth which our fathers issued beM. Clay "Spots the Union as It Was"...Beocher Ridi- fore this infernal slavery had made man timid cules the " Sheepskin Parchment”... Daniel Webster
of their best faith, and tolerant only of the on the “Grasp of Executive Power"..."Democrats Must Not Clamor for the Union as It Was”...Moulding doctrine of devils. Behold its lofty spirit. Public Opinion...Mr. Lincoln in 1854...Mr. Seward and See how divine in its inclusion of the whole Violence... Mr. Seward on the “Last Stage of Conflict”
human family in the right claimed by its au...Mr. Seward's Justification for Diyunion... The Prefix “ Natic nal” Stricken from the Republican Cognomen...
thors for themselves. How bold, wise, fearless Banks Predicts a Military Government... Carl Schurz on
and consistent! Revolution...J.P. Hale on Dissolution...Gen. Butler on "Now lay down by its side the pale, cold, Reconstruction...Object and consequences of Slavery lifeless documents that have come forth from Agitation...Prophesies of Eli Thayer... General Conclusions, &c.
the Government of the great people striving for their liberties, and for the very land bequeathed them by their fathers. Why, their
State papers of our time are the winding sheets In the New York Independent of August 9, of the old ones--the very shrouds in which to 1862, under the head of "A Leader for the bury the noble lines and sentences of the fa
thers out of sight of generations whom slavery People,” we find the following, with much has missled, or whom a false prudence has inmore of the same import, too lengthy for in- timidated. But we must cease looking
A THREAT TO DISPLACE THE PRESIDENT.
sooner will be tbe Union as it was.
to Government, we must turn to , spired together with a view to pledge themOVRSELVES. A time may be near when the selves to furnish no more troops for the war people will be called to act with prudence show unless the President yielded to their demands. cautious the sentence] and courage beyond all precedent. After strength has been frittered Whatever the object of their meetings, true away in wooing the manhood of Border State loyalty did not require secrecy. The old Harteunuchs, and reverses have come, and our rul- ford Convention sat with closed doors, and iners are fugitives from the proud capital.Should they deem the task of maintaining the tended to keep their aims and purposes secret, sanctity and integrity of the national soil but they were at last subjected to the fiery hopeless, then this great people, running crucible of history, and exhibited in all the through all their States, may yet be called to infamy of a treasonable attempt to dissolve the take up the dispairing work, and carry it to
"The people must have leader 8. As yet they Let us trace the conspiracy of 1862 to its have not found them."
logical conclusions, and make up our verdict THE UNION AS IT OUGHT TO BE."
from the budget of facts before us.
The following telegraphic dispatch, issued The Chicago Tribune thus scorns the idea of from the very headquarters of the Government the Union as it was:
just about the time the President was compell“In his letter to Horace Greeley the Presi- ed to yield to the radical policy, and who knows
that it was not furnished to the press by his “ "The sooner the national authority is restored, the order, as a justification of the course he did
“There is much ambiguity in this expression. pursue?. At all events, take the whole affair, The 'Union as it was,' is a cant phrase, invent- link by link, and does it not show we had the ed by the famous Vallandigham, and fathered | Hartford Convention revised? by his dirty tool, Dick Richardson. The meaning they attach to these words is well under- “The Roundhead Conspiracy-Startling Develstood. But such a Union loyal men do not opments-Conspiracy of the Radicals to Dea want to see restored. They prefer a Union as it pose the President. ought to be."
“WASHINGTON, Sept. 16, 1862. "Most astounding disclosures have been
made here to-day, by letters and verbal comIn the Chicago Tribune of Sept. 17, 1862, we munications, from prominet politicians, showfind the following:
ing that a vast conspiracy has been set on foot "Let it be understood that the people have by the radicals of the Fremont faction to debecome lukewarm in the cause (abolition of pose the present administratior, and place
Fremont at the head of a provisional governslavery) in which they are contending, and we ment; in other words, to make him military shall straightway behold them (the soldiers] dictator. One of these letters asserts that one asserting their principles in defiance of the people. The bayonets think. The bayonets in feature of this conspiraoy is the proposed meetthe American army bristle with ideas."
ing of the governors of the northern states to request President Lincoln to resign, to enable them to carry out their scheme. The writer,
in conclusion, says Governor Andrew and It is well known, that following in the lead Senator Wilson are at work, and they are of the Hartford Conventionists of 1814, several probably at the bottom of the movement. of the New England Governors, in defiance of that the fifty thousand independent volunteers
From other well informed sources it is learned the spirit of the Constitution, which forbids the proposed to be raised under the auspices of the states to enter into any alliance, and what New York National Union Defence Committee states cannot do the Governors of the states
were intended to be a nucleus for the organicannot rightfully undertake, met at Providence, purpose of those engaged in this movement t®
zation of the Fremont conspiracy. It was the R. I., in secret, and finally adjourned to anoth-have this force armed and organized by the er secret meeting at Altoona, Pa. All this was government, and placed under the independent done in the summer of 1862, while the radicals command of their chosen leader, and then to were attempting to browbeat Mr. LINCOLN into in arms to overthrow the present administra
call upon all sympathizers to unite with them issuing the proclamation-when he complained tion, and establish in its stead a military dicof the terrible pressure" upon him. And it tatorship, to carry on the peculiar policy they will go down among the legends of his desire the government should execute. Fail
ing in this, it is stated that a secret organizatory, if even it does not yet appear in bold re- tion had been inaugurated, the members of lief, that those most "Loyal Governors” con- which are known by the name of Roundheads.
BAYONETS TO DEFY THE PEOPLE.
THE RADICAL CONSPIRACY OF 1862.