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 debate was diverted into a rancorous discussion of the
conduct of the general's in the execution of martial law. Foote pulled
out all the stops in the organ of political rhetoric and went in for a
chant royal of righteous indignation. The main object of this attack was
General Hindman and his doings in Arkansas. Those were still the days of
pamphleteering. Though General Albert Pike had written a severe pamphlet
condemning Hindman, to this pamphlet the Confederate Government had shut
its eyes. Foote, however, flourished it in the face of the House. He
thundered forth his belief that Hindman was worse even than the man most
detested in the South, than "beast Butler himself, for the latter is
only charged with persecuting and oppressing the avowed enemies of his
Government, while Hindman, if guilty as charged, has practised cruelties
unnumbered" on his people. Other representatives spoke in the same vein.
Baldwin of Virginia told harrowing tales of martial law in that State.
Barksdale attempte