Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-05-05
The Mormon yyar.

/
| had assumed in instituting this EXPEDITION to
| Utah. and that thought we ought to adopt
| some mode Of expressing the sentiment Of this
| House. the Senate of the United States, in
opposition to such discretion hereafter by the
| Presidents of the United States. ] said. in
the first piece. that / thought it was pretty
clear that it was not proper for this body TO
| cypress any sentiment that II had been done
| in violation of law. would not affirm that
| now. even if il were not improper to do so;
| but | will state that if there he any color of
law for the exercise fsuch discretion und
the Constitution. it is one of the grossest
| abuses of such discretion. Although 1t may
be sanctioned by law, to some extent; al
| though there NAV be some plausible ground
| for il. it is one of the grossest abuses that
has ever taken place in the practice of the
| Government.
| I occupied few minutes yesterday evening
in showing the extreme jealousy with which
the power of using the Army and Navy of
the United States had been conceded by Con-
| gress to the President, from the very founda-
| ton of the Government. 1t was guarded with
| such caution. that when he was authorized to
! call out the militia, or to exercise the power
| of executing the laws by the military, |
| think. bv fair inference from the provisions of
nearly all the laws on that subject, Congress
| never meant to extend it beyond the next
meeting of Congress. and thirty days after
settlers from Indian lands, or even to carry
| into effect treaties which are the supreme law
| of the land: the President never seems to
! have felt himself authorized to employ the
| military force for that purpose, without an
| express act of Congress. This shows how
dangerous it has been considerable concede
such a discretion heretofore in the practice of
the Government.
But. Mr.. President, it may he asked, what
is the great danger that consider involved in
the exercise of such a discretion this?
Why. sir. it is the tendency to subvert the
Constitution in one Of its most important pro-
visions May not appeal to honorable Sen
ators from the South, who are so tenacious
about the proper construction OF the Constr
tuition, who refuse to appropriate money Tor
rivers and harbors, or internal improvements
of any description, and who talk of the
abuses of the Government in expanding the
millions appropriated for such unconstltutlon-
al objections? | have always said that the
danger of abuses and excessive expenditures
in this Government has arisen, and will always
arise, in the exercise ofpOwers clearly conced-
ed-such as the war power. 1t is almost unlimi-
ted; and it appears, by the practice we are
getting into, that it is impossible to fix any
| limit to this discretion that is exercised, in
| cases not like this (for this is rather an ex-
| traordinary occasion,) but think we ought
| to express our opinions decidedly against it.
| The great leak in the Treasury, repeat again,
| is caused by the exercise of unlimited powers
| by the Executive Government not sufficiently
| controlled by Congress; and in many cases it
| seems impossible to control them.
What are to be the consequences of allowing
| this to mass wiihout-I will not say censure-but
without disapproval, or without any express
sion of opinion in regard to it? A president,
we know, at one day in our history, and at no
very late day. involved the country in a
placed the country in such position that her
dignity and honor seemed TO demand of Con-
press that they should recognize a declaration
of war made by the order of the President
himself. in fact, though not in name He did
| it by the movement of troops, just as In this
| case, in one respect, though that was on
| larger scale. So Mr.. Buchanan, or any other
| President who chooses to exercise power, can,
| at any time, involve US in foreign war by
the use of the Army and Navy, under circum-
! stances not contemplated 10y the Constitution.
| The Mexican war was a successful one; it
! terminated gloriously for our arms; and it did
not seem to be meet and fit that Congress
should make it a point to condemn or censure
| in terms either by resolution or in any other
| mode the act of that President in bringing on
the Mexican war. | will not call that
abuse of the discretion, but | call this an
abuse of the discretion which seems to he
conceded to the President oven the Army and
| Navy of the United States The law did not
authorize him to do it-neither the act of
1895 nor Of 1907 nor any other law, because
the object sought to be attained, as | under
stand is to ex cute the laws of the United
States in Utah Territory. The act of 1907
authorized the President to use the regular
Army in suppressing an obstruction to the
execution of the laws of the United States in
any Territory in cases similar to those where
the act of 1895 authorized him to employ the
militia But the provision is express. that all
the prerequisites prescribed by the law OF 1895
must firstb complied with
What is the abuse, after all, ii may be ask
ed? Need | repeat again that, about the first
month of the summer of the last year. this ex-
pcdtion was organized; but it did not actual
ly set out from our frontier posts until nearly
the last of September! There was not "a man
of any experience or sagacity, acquainted
with the character of that region, and the diff
fculties the dangers, the contingencies at
tending the march of such force who could
have supposed that the army then starting
would reach Utah during the year, unless it
was an unusual season, and there was an alb
sence of the ordinary rgors of winter! Be
side, although the expedition may have been
thought of by the President before the pres
sure in the monetary condition of the country
was commenced il was persisted IN, notwith-
standing he must have foreseen that Che
Treasury would soon be exhausted if it was
persevered in. and the troops were not on their
march until the very season of frost COM
meneed-as soon as they reached the noun
tains, ut ali events.
Under all these difficulties the expedition
was perseyered in, aud pressed forward. 1t
may be asked, what is he to do, Is he not
bound to see that the laws are faithfully exc
cuted. les, sir. he Is; aud there is an ordina-
~ mode pointed oct: the laws are 30 be exc
cut,d by civil process, If it is in the power of
the courts through the marshal OF the Terri
tory, TO serve it, II not, call out a posse II
the difficulty Is too great for that, and the
laws cannot still be executed, then, In a eer-
tai n form, the Legislature of the Territory,
or Governor of the Territory, may call On the
President TO furnish militia, or the regular
Army by the act of 1907. in order TO execute
the laws, where the obstruction Is found To be
too great Tor the civil power. None OF these
circumstances existed in this case. What
laws of the United States have been violat d,
so Tar as we know, la Utah. up to this day.
Where has the Government suff,redl In what
respect! What cohoera have We TO have reg
ular judges there, sitting and holding courts
To do justice, 60 preserve order, 10 punish
crimes, and preserve the peace of the country
by the regular administration Of Justice! We
have instituted courts among the people who
settle everything by religious fanaticai or
ganizaion, who apply TO no courts. They do
not desire them. Who are there that have
Loot any rights, that have not been duly pro-
tected, Ia consequences OF the absence Of those
Judges
We had no land system In operation there.
We provided for a surveyor general; We pro-
posed TO survey tbs land, aud establish laIsd
Office la that Territory; bat IL has never been
done. How much do We suffer by that! What
Is the injury 10 the uaited Statesf | have
heard IL said that ii l. not becoming the dgni-
| ~ of great Government ike this 90 bet
these people disregard the provisions for their
protection. or m administration Of justice.
which they cal. <othine about mean a. 10
trial OF causes between individuals. Our dig
| nifty Of hoaor Il not eopeernsd la this respect
at all. The people in Utah ire an anomalous