, 1860-02-01
THE NEW tEDITION LAWS.
IeM. Davis 1rfendInE Freedom OF
Spcech nnd Opinion against Duus-
lN8t

The resolution Of the Senator from Illinois
beng Under consideration, Sr. DAVIS said:
, 4 shall occupy but very little time. In the
lel1ef oi the President, which has lust been
Teaa, II must DC apparent to every one that he
uid not deny The power VI the Federal Govern
men' 10 pass any laws which might be necessary
10 preserve peace between the States. lie sa:d
thg Constitution and laws Of the United Statts
d'd not confer upon him the power to do that
Whlch Governor Wise sought. The Constitu.
1'on conferred no power o.: the President to csiI
CUT Tue tnllltia III auy case. The clause of; the
const'tut;on quoted by the Senator from Illinois
eonIefrea tlat power upon tue Congress. Our
fathers, when they framed this Government. cast
from them tue rubbish Of past ages, exploded
TUG 1dsa OF the Divine sht of Government,
and conttr' cd .,n the people all the rreat func.
tlons which belong to the Constitution Of tue
United sta.cs. They did not give the President
the power to call cut Tho miiitfa. They Invested
ne f1estoent 1' with no great discretion as to
when lie would use his power to prrserye pence
between the States. It was the wise policy Of
the n'cn who framed this Geycrpucut TO frtter
their agents, to gse them the least possible dis
erection, aud 1eayes all the residuary rover in
thc M hauds Of the people Of the United States.
ihe Executive, therefore, from the Constitution,
derived no power in rciution 10 thi. subject.
congress possessed the powor Of calling ont the
'nlsli'n to Eepel invasion and suppress iasurrec-
t1on Congrexs delegated to the President 50
Muc!. as the Congress chose the Executive tn
exercise The President, therefore, propcrly re.
ieEs to the acts Of Congress from which be dc.
rl'cs hls anthority-:hc acls Of 1.95 aud 1907 the
one conters'ns the po'ssrtor the militia. the 9th
er tor the ar1ny and Navy Of the Cuitel States,
Under these laws the President possesses Just
So niuch power as Congress gaye lim-no more;
aud those laws, to use the language which he
quotes, are to prevent the invasion Of un Indian
tfloc, or from foreign Powor. If there bad
oeea :nsnrrection within the State Of Virginia,
ne sa'd, thcLeglslature not being in session: and
It not being possible to convene IN time, aud tue
i'SecutlTe lad called upon him, lie would hare
used the whole power which be possessed uu-
der the lasr; brt The President sa;d we'll and
wisely, as became Statc-riglts man. lae not
only does not possess the power to 70 into q
State to discover vi bat illegal organization NAV
there exist, but that it was . power which
"oald DC dangerous in its exercise if it were
possessed.
l"eieonle, sir, tue apprehensions of the l'rcsi.
dcat Of the United States; aad gertr roukL !
einttt htsc zchi@ mould cloiAe tie Ercut;rt ,o1.a
ths pos0sr to t:ut ont tie nsizaiq, to bring tie
drmy a1d ne -S4ry, to inrade q State to difeoptr
trAo 1ctfh:n :Aat S:att had ,2i;, lii I.t1sk tie
pa'vost, at so1se futare day, to commit er,m..
II there be unlawful, treasonable Organizations
within State, it belongs to tho State soye,
reignty to inquire and to punish the offender,
WY, Sir' wc nre about to forget that this is i
confederation, held together by great trea:, ;
| we are about to forget that the States united
voluntarily under the Constitution, md thus b.
came nation; we are about to reduce it to d
| mere centralized Goyernmeut, investing the Er.
ecutiso with discretion which would crush nil
the power OF Tue STATES, aud reduce the sore.
re'gnty o1 the State to merely nominal thing,
is true, The Senator from Illinois, in this crit
ie!sm upon the PRESIDENT, quotes another article
Of the Constitution:
rnltet ss.tes rGa 10 cvcry State in
bc e'nstned} SsGs: domestic violence"
| see no issue between the Senator and the
lrcsLtcnty Il ~ will co-a.rnr his letter fairly
| The President ncvcr said the Federal Go}ern.
| ment had not nll the powers which arc pres.
cribeI in the Constitution. He used the pcr.
sonal pronoun-he, the Executive of The Uu1ted
States, had not powers beyond those which had
been conferred upon him by the two acts which
be recittd Who can gainsay this: But ii is
upon this basis the Senator Informs rs that
The dental of the existence Of .uc1 power III the FL.
me,l-raen @y,l to the Constitution aud devoted II tht
Ut n,hor,sa as< q psfs"a e Sseet ,eH :!s
aSa1nst extcrnal Violence"
| thrust. sir, that the men loyal to the Cnnsti.
tuition and devoted to the Eaion," tho icon.
servatiyc men" Who a1e thus deeply concerned
for til. safety Of the Constitution, will look into
| the Constitution which binds these States to-
gather; that they will rerert tn the great prin.
ciP'es upon which that Constitution WIS
founded; Iatthty sritt remember the yitydts q
tAfIrorle, Tic rights Of tie S&atts that tLer wifi
dispe! their apprehension, aud that they viii
inl. in the letter OF the President, tint he has
never denied the power Of the federal govern
mcnt; that lie las nerer denied the power Of
Congress to pass laws TO carry out all the proyi.
slons OF the Constitutions; never denied his will
| ingnc<s to execute auy law which Congress-
M AfFfr f,1t3 L.