Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-07-26
5ajIg 9ppeal,.
- Es1sErrzENnInGE,s srEECEl.


other upcOus turiOnal proceedings
This was discussed at some length, when
the hour Of the special order arrived, and the
resolution approving Of the acts OF the presi-
dent was takeRup.
Mr. Brsckinridge (opp of Kentucky, pro-
ceedsd to speak at length in opposition to the
resolution. He said under ordinary circum-
stances he might content himself simply with
a vote: but now be thought it required TO give
expression to bis views. It was proposed BY
resolution 20 declare The acts Of the president
approved. The resolution, on lis face,
seems TO admit that the acts Of the pres
idant were hot performed in accordance
with the constitution and tbe laws. X that
were The case. then he would be glad TO
have some reason assigned showing the power
OF congress 70 indemnify The president for ?
breach Of the constitution. be denied that
one branch Of the government can lndemnfy
public officers in another branch for violation
Of The constitution and the laws The powers
conferred on the government by the people of
The States are the measure Of its authority
These powers are confded 70 different depart
msnts and their boundaries are determined.
TIE president has rights and powers con-
ferred, and the legislative departments
its powers, and the judicial department
its powers, and be denied that ei her can en-
croach on TIE other, OF indemnify ibe
other fer usUrpstions OF the power con-
fded bv the constitution. Congress has no
more right 70 make constitutional the un-
constitutional acts Of the president than the
president to make valid the acts Of the su-
preme court, encToaching on the executive
poyer, or the supreme court to make valid an
act of the executive encroacbing on the Judi
ciai power. The resolution substantially de-
clares that congress may add 20 tie constitu-
ton in a manner no provided by that instru-
ment: that a bare majority can by rs5oation
make that constitutional which is uuConstitu-
ticnal by the me authority; so IN whatever
view the power granted by this resolution Is
utterly subversiye of the constitution L might
be we'll 10 ask il the president bad assumed
rowpr not conferred. He should confne bim-
self to the acts enumerated in the resolution,
acts which he declared to be usurpations on
the part OF the executive; and so far from ap-
nroving the acts, be thought this high officer
should be rebuked bV both houses Of congress.
The presi3enc has Just established tlockades.
Where is tbe clause in the constitution Which
authorizes it? The last congress refused to
confer authority, ana BY what authority did
the president do it when they ref6ssd2 The
constitution declares that congress alone have
power 20 declare war, vet the president has
made war. In the last session, The senator
from Illinois CDouglss) made speech, on the
18Th OF March, Wbrh be would read. He then
read an extract Of Mr.. Douglas speech, de-
clsring that the president had no right to max
a blockade at New Osleans or Charleston more
than at Chicago.
He also read from a speech Of Daniel Web
ster. delivered in 1888, declaring that General
Jackson had no right to blockade Charleston.
He said be approved these sentiments uttered
bV these eminent stste8Hen, who were for
F5erlv regarded as sound, and thought the time
would again cone when it would not be
thought treason to maintain them The Teso-
fHti0n proceeds 10 approve the act Of the pres
ident eHlistiug men for three and five years.
By what authority Of the constitution and law
has to done this? Tie power is not in the
constitution nor granted by law. Therefore it
must be Illegal and unconstitutional. Again,
the president by bis own viii has added i'm
fneHselv TO the army, whereas the constitution
SAYS that congress alone have the power to
raise armies He has also added 10 the navy
against the warrant Of the constitution.
These scfs are not defended on constitutional
OF LEGAL grounds, snd be pronounced them
usuTDatfons. This resolution goes On 10 Tecite
that the president has suspended the writ OF
habeas corpus, and proposes to ratify and
make that valid. We have great deal Of
talk a1Cut rghts-the rights Of States, the
rights Of individuals, and some Of them have
hesu said TO De shadOwT and im2-inary, but
the TNgifE OF ehETH ElLtL al 10 NN cAltHLfA yAil
bv warrant cf law, and bis right to have his
body brought before judicial authority, in or
der that he grounds cf that arrest may be de-
terB.ined on, Is real right. There can Be nc
dispute about that Il is the right Of rights TO
aIl-high, low, rich or poor. ]. is especially The
right OF that class which bis eXceleBCY the pres
ident calls uisi0 people L is 4 right, the re-
spect for which is n ssure OF progress and
civilization. Il is right that has been stTug-
gied for, fought for, guarded by laws, and
backed up in constitutions. TO have main
tanned it BY arms, To have suffered for it, then
10 have II established on foundations so i'm
nurable that the authority Of the sovereign
rauld not sha Ike e, is the clief glory OF the
Rritisb ne0pir, from whom we derive il. In
Frg3apd the legislative power alone can sus-
pend it. The monarch Of England cannot
suspend that right Bat the Transatlantic
freemen seem 70 beeageT to approve and ratify
scis which a European mJnarch dare not
perform. It needs no legal argument to show
that The president cannot suspend the writ oI
Habeas corUus. content myself with referring
10 the fact, tbat it is classed Among the legis
lative powers by the cons tuition. And tia
article conferriag powers on the president
touches not the question. may add hat upoI
nc occasion has IL ever been asserted in con
ereEs, so far as rcc0llect, that this power
exists on the part of the executive. On on'
occasion Mr.. Jefferson thought The time hsI
arrived xhsn the writ might be suspended, bG
be did not undertake TO 60 it himself, and dit
not even recommend it. he subRitted It 4
congress, and in the long debates which fol
lowed. there was not the least intimati0n tha
The power belonged 70 the executive. / the1
point to the constitution, and ask senators from
what clause they Geduce the right, by an
fair construction Of The instrument itself, wBa
part confers the powers on the president
Surely not that clause which enloins him T.
execute them. The most eminent com
uentators Of the constitution declaT
it to be a legislative right. The op;niol
Of the present chief Justice, which ha
never been answered, makes all far
ther argument idle and superluous; and on
of the worst signs Of the times is the maine
in which that opinion has been received.
subordinate officer In Baltimore arrests
private citizen and co fines him in a fortress
His friends get q writ Of hGbeGs corpus, but /
cannot be executed. The chief Justice theT
gives an opinion, which is commended, no
only By tie profession of which be is so grea
an ornament, but By all thoughtful men in tn
country. The newspapers Of the country, snt
the men excited bv violent passions, have de
rcu9ced the chief Justice, but have not an
gwered bis opinion. There it stands, one o
those productions which will add 70 his re
Down. The abuse OF the press, and the refu
sal to respect lnst authority, and the attemp
10 make that high judicial officer odious, vii
vet recoil on those men ] honor him for T.
course with which be did his duty, as well 2
for the calm and temperate manner in wbic
be performed it. ] am glad he yet remain
among us-s man SO remarkable for bis honor
ed length Of years and bis eminent public ser
viree. and for the rectitHde Of bis private life
that be may he Justly ranked among the mos
ilustrious Americans Of our day. You pro
nose 10 make this act Of the president vail
without making 4 defense OF it, ei her on lega
or constitutional groUnds What would be To
effect? in thus approving what the pTesiden
has done In the past, you invite him t
do the like in tie future, and TIE law Of tn
country will be PROSTATE at the feet of To
executive, and in his discretion be may sUbsti
tute the military power for iudicia
authority Agsjn, Mr. President. although
there are few Of as here who take the vfeW 0
the constitution By this right which ] an ad
Vocating te-daY, trust we viii ifStjunder am
circumstances, fail to protest in temperate bu
manly language, against what we consider
usurpaiion Of the president. Let me call thI
attention OF the senate briefly to The other art
sgaiDst which I protest in The name cf tn
constitution and the people ! represent. Yo'
have practically, rial law all over thi
land The houses Of private citizens ar
searched without warrant Of law. The righ
Of the citizen to bear arms is rendered nuga
tory by their being lsken from them withou
judicial process, and upon mere suspicion
Indiyiduala are seized without legal wsrran
and imprisoDed. The other day, since con
vress ,let z military officer in Baltimore ar