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To: nolu chan
"Blather. It was the Act of March 3, 1863. I quoted and gave you a picture of the Congressional Record of March 2, 1863."

But the final (March 3, 1863), published title was: "An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases." The Congressional Record is an informational source and not the legal document itself.

Your argument reminds me of the football team that lamented it had won the first 59 minutes of the game.

201 posted on 08/27/2004 9:55:11 AM PDT by capitan_refugio
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To: capitan_refugio
In using the name "Indemnity Act" to designate the law of March 3, 1863, contemporary usage has been followed. Senator Trumbull and others referred to the measure while under debate as the "Indemnity Bill," and the same designation appeared in the heading of the record, as well as in many other places. Cong. Globe, 37 Cong., 3 sess., pp. 1459, 1479.)

Source: James G. Randall, Constitutional Problems Under Lincoln, Revised Edition, 1951, Chapter 11, "The Indemnity Act of 1863," p. 189, footnote 8.

If you look at HR 591, as recorded on Dec 9, 1862, the working title was "An Act to indemnify the President and other Persons for suspending the privilege of the writ of Habeas Corpus and acts done in pursuance thereof." It also came with a preamble which explained the reasons for the proposed Act:

The Indemnity Bill was passed on March 3, 1863.

In the House:

March 2, 1863.

THE CONGRESSIONAL GLOBE.

INDEMNITY BILL.

The SPEAKER. The hour of one o'clock hav­ing arrived the vote will now be taken, by previ­ous order of the House, on agreeing to the report of the committee of conference on the indemnity bill

Mr. ALLEN, of Ohio, called for the yeas and nays.

The yeas and nays were ordered.

The question, was taken; and it was decided in the affirmative-yeas 99, nays 44; as follows:

* * *

Source: Congressional Globe, 37th Congress, 3rd Session, March 2, 1863. (Page 1479)

IMAGE p. 1479, CG, 2 Mar 1863

In the Senate:

Journal of the Senate of the United States of America, 1789-1873
MONDAY, March 2, 1863.

Monday, March 2, 1863

TEXT

Page 380

IMAGE p380

Mr. President: The House of Representatives has agreed to the report of the committee of conference on the disagreeing votes of the two houses on the bill (H. R. 591) to indemnify the President and other persons for suspending the privilege of the writ of habeas corpus, and acts done in pursuance thereof; and

Page 382

IMAGE p382

Mr. Trumbull, from the committee of conference on the disagreeing votes of the two houses on the bill (H. R. 591) to indemnify the President and other persons for suspending the privilege of the writ of habeas corpus, and acts done in pursuance thereof, submitted the following report:

The committee of conference on the disagreeing votes of the two houses on the bill (H. R. 591) to indemnify the President and other persons for suspending the privilege of the writ of habeas corpus, and acts done in pursuance thereof, and the Senate's amendment thereto, having met, after full and free conference have agreed to recommend, and do recommend, to their respective houses that the Senate recede from their said amendment, and agree to the said House bill, amended to read as follows, to wit:

AN ACT relating to habeas corpus, and regulating judicial proceedings in certain cases.

Page 397

IMAGE p397

The Senate resumed the consideration of the report of the committee of conference on the disagreeing votes of the two houses on the bill (H. R. 591) to indemnify the President and other persons for suspending the privilege of the writ of habeas corpus, and acts done in pursuance thereof; and

Page 399

IMAGE p399

A message from the House of Representatives, by Mr. Etheridge, its Clerk:

Mr. President: The House of Representatives has agreed to the report of the committee of conference on the disagreeing votes of the two houses on the bill (H. R. 591) to indemnify the President and other persons for suspending the privilege of the writ of habeas corpus, and acts done in pursuance thereof; and....

Journal of the Senate of the United States of America, 1789-1873
TUESDAY, March 3, 1863.

TEXT

Page 400

IMAGE p400

Mr. President: The House of Representatives has passed the following bills, in which it requests the concurrence of the Senate:

* * *

The Speaker of the House of Representatives having signed sixteen enrolled bills (S. 435, S. 483, S. 526, S. 534, S. 536, S. 537, S. 540, S. 543, S. 548, S. 557, S. 562, S. 564, S. 565, H. R. 226, H. R. 523, and H. R. 591) and two enrolled resolutions, (S. 129 and S. 133,) I am directed to bring them to the Senate for the signature of its President.

Mr. Howe reported from the committee that they had examined and found duly enrolled the following bills:

-- H. R. 226. An act to amend "An act to establish a court for the investigation of claims against the United States," approved February 24, 1855.

-- H. R. 591. An act relating to habeas corpus, and regulating judicial proceedings in certain cases.

-- H. R. 523. An act to promote the efficiency of the corps of engineers, of the ordnance department, and for other purposes.

The President pro tempore signed the enrolled bills (S. 435, S. 483, S. 526, S. 534, S. 536, S. 537, S. 540, S. 543, S. 548, S. 557, S. 562, S. 564, S. 565) and the enrolled joint resolutions (S. 129 and S. 133) yesterday reported to have been examined, and the enrolled bills (H. R. 226, H. R. 523, and H. R. 591) last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

203 posted on 08/27/2004 8:14:34 PM PDT by nolu chan
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