me since the President of the United States issued a
proclamation restoring the privilege of the writ of _habeas corpus_ in
the loyal States; but did he restore it in the rebellious States?
Certainly not. What authority has he to suspend the privilege of that
writ anywhere, except in pursuance of the constitutional provision
allowing the writ to be suspended 'when in cases of rebellion or
invasion the public safety may require it?' Then the President
understands that the public safety in the insurrectionary States still
requires its suspension.

"The Attorney-General, when asked, a few days ago, why Jefferson Davis
was not put upon trial, told you that, 'though active hostilities have
ceased, a state of war still exists over the territory in rebellion,'
so that it could not be properly done. General Grant, in an order
issued within a few days--which I commend to the especial
consideration of the Senator from Indiana, for it contains many of the
provisions of the bill under consideration--an order issued with the
approbation of the Executive, for such an order, I apprehend, could
not have been issued without his approbation--directs 'military
division and department commanders, whose commands embrace or are
composed of any of the late rebellious States, and who have not
already done so, will at once issue and enforce orders protecting from
prosecution or suits in the State, or municipal courts of such State,
all officers and soldiers of the armies of the United States, and all
persons thereto attached, or in anywise thereto belonging; subject to
military authority, charged with offenses for acts done in their
military capacity, or pursuant to orders from proper military
authority; and to protect from suit or prosecution all loyal citizens
or persons charged with offenses done against the rebel forces,
directly or indirectly, during the existence of the rebellion; and all
persons, their agents and employes, charged with the occupancy of
abandoned lands or plantations, or the possession or custody of any
kind of property whatever, who occupied, used, possessed, or
controlled the same, pursuant to the order of the President, or any of
the civil or military departments of the Government, and to protect
them from any penalties or damages that may have been or may be
pronounced or adjudged in said courts in any of such cases; and also
protecting colored persons from prosecutions, in any of said States,
charged with offenses f