Shreveport daily news., 1861-08-01
SPEECH OF
John G. Breckinridge on the Lin
coin War.
( Cmczuded. !

Concluded.
Thus the President has assumed
the Legislative and judicial powers,
which in every age has been the
very evidence Of despositism, and
he exercises them to any, while we
sit in the Senate Chamber, and the
other branch of the Legislature at
the other end Of the Capitol. Mr..
President, what is the eXcuse-what
is the justification, necessity? |
answer, first, there was no necessity.
Was it necessary TO preserve the visi-
BILE emblems Of Federal authority
here that the Southern coast should
have been blockaded. Did not the
same necessity exist when Congress,
at the last session, refused to pass
the Force bill? Was it necessary to
the existence Of the Union, till Con
gress should meet, that powers not
conferred by the constitution should
be assumed Was there a necessi-
ty for overrunning the State of Mis-
souri,? Was there a necessity for
raising the largest army ever assem-
blcd on the American continent, and
for collecting the largest fleet ever
collected in an American harbor!
Congress may deem ii was necessary
i'll contemplation of u protractcd
struggle tor the preservation Of the
constitution and the Union. What
| mean to say is, that there was none
of that over-ruiing necessity for pre-
sent preservation which may apply
to usurpations OF the constitution. In
the case Of the man in MARYLAND who
was confined so long in Fort McHen-
", was there any necessity OF. CON
inning him instead Of turning him
over to the civil authorities! The
chief charge was, that weeks before
he had been concerned III treasona-
bic acts. Was not the judicial au-
thoritv there to take charge of him.
and if convicted, to punish him
| + there was Il necessity in the pre-
sent state OF affairs. and Congress in
session here. then what Il long ncces-
sitv We have befor" Us and impcnd-
in" over us. Let Congress approve
and ratitv these acts. and there l.av
occur Il necessity which will Justify
the President in superseding the law
in every Stat: in this Union, and
there will not be It vest;gc of civil at
thority left to rise against this usrr-
patton Of military power. But de-
ny this doctrine Of necessity. l de
nv that the President of the United
States may violate the constitution
upon the ground Of necessity. The
doctrine IS utterly Subversive of the
constitution. 1t substitutes the will
OF one man for Il written constitution.
The Government of the United
States, which draws its life from the
constitution, does not rest upon amin
piled consent. 1t rests upon an ex-
Government may exercise such pow
erS and such only as are given in this
written form of Government. The
people Of these States conferred on
this agent Of then s Just such powers
as they deemed necessary. All
others We're retained. The constitu-
ton was made for all contingencies
for peace and for war--and they con-
tcrred all the power they deemed
necessary, and more cannot be asSur-
ed. If the powers be not sufficient,
still none others We're granted. and
none others can DE exercised. VIII
this be deniedl Is the idea to be
advanced that all constitutional ducs-
tions are to be made subordinate en-
tirely to the opinions and ideas that
may prevail at the hour with refer
cncc to political unity ! 1t has been
held heretofore, and | thought it was
automatic, and received by the world,
that the terms of the constitution Of
the United States were the measure
of power on the one side, and of ohc-