War of the Rebellion: Serial 114 Page 0664 PRISONERS OF WAR, ETC.

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effect, and Doctor Macgill declining to resign his office as State senator though willing to take the oath. Mayor Brown, of Baltimore, accepted the parole tendered him for thirty days and signed it at once but does not leave the fort till to-morrow when his leave of absence will commence. I have retained his parole not knowing whether the Department would wish it forwarded to Washington or kept here till it expires.

I am, very respectfully, your obedient servant,


U. S. Marshal.

Resolution offered in the House of Representatives December 10, 1861.

Resolved, That the Congress alone has the power under the Constitution of the United States to suspend the privilege of the writ of habeas corpus; that the exercise of that power by any other department of the Government is a usurpation and therefore dangerous to the liberties of the people; that it is the duty of the President to deliver Charles Howard, William H. Gatchell and John W. Davis to the custody of the marshal of the proper district if they are charged with any offense against the laws of the United States to the end that they may be indicted and enjoy the right of a speedy and public trial by an impartial jury of the State and district wherein the crime is alleged to have been committed. *


Boston, January 4, 1862.


Secretary of State of the United States.

SIR: I have the honor to report that George William Brown, of Baltimore, has this day surrendered himself to me pursuant to the terms


* Mr. Bingham, of Ohio, chairman, reported back and asked that the Judiciary Committee be discharged from further consideration of the memorial of the Baltimore police board. Mr. Pendleton, of Ohio, moved to recommit the report to the Judiciary Committee with instructions to report the foregoing resolution. On motion of Mr. Bingham the whole subject was laid on the table by the following yea and may vote:

Yeas. - Messrs. Aldrich, Alley, Arnold, Babbitt, Goldsmith F. Bailey, Baker, Baxter, Beaman, Bingham, Francis P. Blair, Jacob B. Blair, Samuel S. Blair, Blake, Buffinton, Burnham, Calvert, Campbell, Chamberlain, Clark, Cobb, Colfax, Frederick A. Conkling, Roscoe Conkling, Cravens, Davis, Dawes, Delamo, Diven, Duell, Dunlap, Dunn, Edgerton, Edwardd, Eliot, English, Fenton, Fessenden, Franchat, Frank, Goodwin, Granger, Grider, Haight, Hale, Hanchett, Harrison, Holman, Hooper, Horton, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Killinger, Lansing, Law, Loomis, Lovejoy, McPherson, Mallory, Maynard, Menzies, Moorhead, Anson P. Morril, Justin S. Morrill, Nixon, Noell, Olin, Patton, T. G. Phelps, Pike, Pomeroy, Porter, Potter, Alexander H. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Sheffield, Shellabarger, Sherman, Sloan, Smith, Stevens, Stratton, Benjamin F. Thomas, Francis Thomas, Train, Trimble, Trowbridge, Upton, Van Horn, Van Wyck, Verree, Wall, Wallace, Charles W. Walton, E. P. Walton, Washburne, Wheeler, Albert S. White, Wilson, Woodruff, Worcester, and Wright - 108.

Nays. - Messrs. Allen, Ancona, Joseph Baily, Biddle, George H. Browne, William G. Brown, Cooper, Fouke, Harding, Johnson, Lazear, May, Morris, Noble, Norton, Pendleton, Perry, Robinson, Shiel, John B. Steele, William G. Steele, Vallandigham, Wadsworth, Ward, Chilton A. White, and Wickliffe - 26. (See proceedings of the House of Representatives for December 10, 1861, in Congressional Globe.)