The Placer herald., 1861-08-10
SPEECH OF SENATOR BRECKINRIDGE



Mr.. Breckinrdge (Opp.) of Kentucky, proceed
ed to speak at length in opposition to the resolu-
tlon lie said under ordinary circumstances he
, might content himself simply with vote: but
, now he thought it required to give expression to
, his views. 1t was proposed by resolution to de-
clare the acts Of the Pre- idcnt approved. The
resolutlon in its face, seems to Il nit that the
acts OF the President were not performed in ac-
cordance with the Constitution and the laws If
that were the case, then he would be glad to have
some reason assigned showing the power of Con-
grcss TO indemnity the President for a breach Of
the Constitution. He denied that one breach of
the Government can indemnify public officers in
another branch for violation of the Constitution
and the laws. The powers conferred on the Gov
ernment by the people Of the States are the mea-
sure OF its authority. These powers are confdcd
in different departments and their boundaries are
determined. The President has rights and powers
conferred. and the Legislative Department its
powers, and the Judicial Department its powers.
and he denied that each can enrrOach ON the other,
or indemnify the other for usurpltions Of the
power confded by the Constitution. Congress
has no more right to make constitutional the uI-
constitutional acts of the President than the Pre-
sident to make valid the acts Of the Supreme
Count, encroachng on the executive power. or
the Supreme Court to make valid an act Of the
| executive encroaching on the judicial power.
| The resolution substantially declares that Con
! gress may add to the Constitution or take from
! il in 4 manner not provided hy that instrument;
that II bare ajOrly can by resolution make that
constitutional which is nstitution i by the
same authority; 50 in whatever view the power
granted hy this resolution is utterly subvcrsiyc OF
the Constitution. 1t might be well 10 ask if the
President had assumed power not conferred. He
| should conine himself to the acts enumerated in
| the reSoluton-a acts which he declared TO be usur
pations on the part Of the executive; and, far
| from approving the acts, he thought this high
officer should be rciuked by both houses of Con.
| Tbn p,ae 1us u.t st,l1 1iShu ul locL
AIDES. Nhere is til" clause in the Constitution
hich authorizes it? The last Congress refused
TO confer authority, and by what authority did
the President do it when they refused? The
Constitution declares that Congress alone have
power TO declare war; yet the President has made
war In the last session. the Senator from Illinois
(Douelas) delivered a speech, on the 18th OF
March, which he would read. He then read i'm
extract CT Mr. Douglas speech. declaring that
the President had no right 10 make a blockade at
New Orleans or Charleston mo,e thanat Chicago.
He also read from a speech Of Daniel Webster,
delivered in 1882 declaring that Cen jackson
had no right to blockade Charleston. He said
he approved these sentimt nts uttered by these
eminent statesmen. who were formerly regarded
us sound. and thought the time would come again
when it would not be thou .lt treason to maintain
them. The resolution proceeded TO approve the
act Of the President cnlising men for three and
five years BY what authority Of the Consitu
tion and laws has he done this? The power is not
in the Constitution nor granted NY law There
fore it must be Illegal aud unconstitutional.
Again the President. by his own will, has added
immensely to The army; whereas the Consttu-
tion says Congress alone have the power TO raise
armies. He has also added to the navy against
the warrant Of the Constitution. These acts are
not defended on constitutional Or legal grounds.
and he pronounced them usurpatons. This reso-
luton goes on to recitc that the President has
suspended the wri of habcas corpus, and proposes
to ratify and make that valid We have Il great
deal OF talk about rights - the rights OF States,
the rights of individuals, and some OF them have
been said to be shadowy and imA ginary. but the
right of every citizen to be arrested only by war
rant of law and the right TO have his body
brought before judicial authority. in order that
the grounds OF that arrest may be determined on,
is real right. There be no dispute about
that 1t is the right of rights TO all high, low,
rich or poor. 1t is especially the right OF 'hat
class which his EXcrllrncy the Pre- dent calls
plain people 1t is right the respect for VIII ch
is measure OF progress and civilization. 1t is a
right that has been struggled for fought for, |
guarde by laws, and backed up in Constitutions |
To have maintained it hy arms, to have suffered |
for it. then to have it established on foundations
mmutable that the authority OF the sovereign |
could not shake it, is the chiet glory OF The |
British people from whom we derive it. In Eng |
land the legislative power alone can suspend it, |
The monarch OF England cannot suspend that |
right. But the transatlantic ircpmcn seem to he
peau monarch dare not perform. 1t needs no
le4 al argument to show that the President can
not suspend the writ OF habeas corpus. l con
tent my sell with referring to the fact. that 1t Is
cassed among the legislative powers by The Con-
sttution. And that article comforting powers on
the President touches not the question. | may
add that upon consideration has ii ever been
asserted in Congress. so far us rcc"llect. that
this power exists on the part of the Executive
On one occasion Mr.. Jefferson thought the time
had arrived when the writ light be susp"nde t.
but he did not undertake to do it himself. ana
did not even recommend it. He submitted it to
Congress. and in the long debates which llowcd
there was not the least ntmatlon that the power
belonged to the Executive. then point to the
Constitution. and ask Senators from what clause
they deduce the right, by any fair construction
OF the instrument tself-what part coniers the
power on the President? Surely not that clause
which cniOns him to take care o the Constitution
and laws and faithfully TO execute them lhe
most eminent commentators of the Constitution
declare it to b. u legislative right. The opinion
! of the present Chici Justice, which has never
been Il answered. makes all further argument ldle
and superfuous and Of the worst signs OF the
times is the manner in which that OPT ION mas
been received. A subordinate military officer IN
Baltimore arrests private citizen and cohnhes
him in II fortress His friends get witt OF
babeas corpus. but it cannot be executed. The
Chief Justice then gives an opinion, which is com
mended not only by the profession OF whlcn ne
| is SO great an ornament. but ny All thouShIul
men in the country. The newspapers OF the
country, and the men excited by violent passions,
have denounced the Chief Justice but have not
answered his opinion There it stands one OF
tnuse productions which will add to MS renown.
The abuse of the press and the refusal 10 reSpect
inst authority and the attempt to make that hleh
;udiciol officer odious. will yet recoil on these
men men. l honor him for the courage with which he
did his duty, as well as for the calm and temper,
ate manner in which he performed it. am g1d
he vet remains among us. IL man 30 remalhapie
for his honored length of years and his eminent
nublic services. and for the recttude OF his prl-
: iIlutl