had been in force at Charleston. The Mercury had approved it and
had exhorted its readers to take the matter sensibly as an
inevitable detail of war. Between that act and the act now
proposed the Mercury saw no similarity. Upon the merits of the
question it fought a furious journalistic duel with the Enquirer,
the government organ at Richmond, which insisted that President
Davis would not abuse his power. The Mercury replied that if he
"were a second Washington, or an angel upon earth, the
degradation such a surrender of our rights implies would still be
abhorrent to every freeman." In retort the Enquirer pointed out
that a similar law had been enacted by another Congress with no
bad results. And in point of fact the Enquirer was right, for in
October, 1862, after the expiration of the first act suspending
the privilege of the writ of habeas corpus, Congress passed a
second giving to the President the immense power which was now
claimed for him again. This second act was in force several
months. Then the Mercury made the astounding declaration that it
had never heard of the second act, and thereupon proceeded to
attack the secrecy of the Administration with renewed vigor.

On this issue of reviving the expired second Habeas Corpus Act, a
battle royal was fought in the Confederate Congress. The forces
of the Administration defended the new measure on the ground
that various regions were openly seditious and that conscription
could not be enforced without it. This argument gave a new text
for the cry of "despotism." The congressional leader of the
opposition was Henry S. Foote, once the rival of Davis in
Mississippi and now a citizen of Tennessee. Fierce, vindictive,
sometimes convincing, always shrewd, he was a powerful leader of
the rough and ready, buccaneering sort. Under his guidance the