1861.] OF THE SENATE. 263

we cannot do more, we can do no less, than enter this, our sol-
emn protest, against the said acts of the President of the United
States, and declare the same to be gross usurpation, unjust, op-
pressive, tyrannical and in utter violation of common right and
of the plain provisions of the Constitution.

Resolved, 2.—That the right of separation from the Federal
Union is a right neither arising under nor prohibited by the Con-
stitution, but a sovereign right, independent of the Constitution,
to be exercised by the several States upon their own responsi-
bility.

Resolved, 3.—That prudence and policy demand, that the war
now being waged, shall cease, that if persisted in, it will result
in the ruin and destruction of both sections, and a longer continu-
ance of it will utterly annihilate the last hope of a reconstruction
of this Union ; therefore we want peace, and are in favor of a
recognition of the Southern Confederacy and an acknowledgment
of its government.

Resolved, 4.—That we deem the writ of Habeas Corpus, the
great safe-guard of personal liberty, and we view with the utmost
alarm and indignation, the exercise of the despotic power that
has dared to suspend it in the case of John Merryman, now con-
fined in Fort McHenry.

Were taken up, read the third time, and put upon their final
passage.

It appearing that no quorum voted,
On motion of Mr. McKaig,

A call of the Senate was ordered, when the following Senators
answered to their names:

Messrs. Blackistone, Duvall, Franklin, Gardiner, Lynch, Mc-
Kaig, Miles, Smith, Stone, Townsend, Watkins, Whitaker—12.

On motion of Mr. Miles,
Further proceedings under the call were dispensed with.

On motion of Mr. Duvall,
The Resolutions were considered seriatem.
The question was then taken on the first resolution.
It appearing that no quorum voted,

33