The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-07-18

! Is the measure of progress and civilization hare
oeen tramp'ed under foot by the military, and are
! being now trampled under foot every dav in the
! presence OF the two Houses of Congress: and vet
so great on one side is the passion of the hour and
so astonishing the stupid amazement of the other
.hat we taKe It as natural, right, and as OF
! course we are rushing, sir, and with rapid
stf!aeS' from a constitutional government into a
military despo,ism
ihe Constitution says the freedom Of speech an d
o 'he press shall not be abridged, yet, three day
ago. In the city of st. Lous, military officer with
tour hundred solders-hat was his warrant-yent
into newspaper flee in that citv, removed the
type, and deared that the paper should be no Ion.
ger punished, and gave, among other reasons, that
IL was iaoricating reports injurious to the United
states soldiers in Missouri. Is there A Senator
here, citizen Of this land who will say that the
slightest color OF authority exists on the part of
military officer for deprvug citizen of liberty or
property without warrant of law, or to suppress
the freedom of the press? And we are told by the
same despatch that the pr0prietOrs OF the paper
submitted and intended to make an appeal To
whom? to the judicial authorities? No sir But
to MaJnr-General Fremont when he should reach
st. Louis 0A''
The civil authorities of the country are nara
iFzed, and practical martial-iaw is being estab-
iished all over the land The like never hammered
In this country before. and it would not be tolar
ateo In any country in Europe which pretends to
the elements OF civilization and liberty George
W Washington carried the Thirteen Colonies throu gh
the war of the Revolution without martiaI-IaU :
The President of the United States could mot cnn
quot the Government three months without resort
ing TO It, | presume evAry Senator has .read the
opinion OF the Chiet Justice to which | havn re-
ierreu L shall content myself with reading q e. W
extracts, to present my opinion on the subject
opinion. '
Thus the President has assumed the legislative
anu Judicial powers and concentrated in his hands
the executive, legislative and judicial powers
whlch In every age has been the very evidence of
oespotism; and he exercises them to-day, while we
st IN the -enate chamber, and the other branch of
the Le- lsiature at the other end of the capitoL-
Mr. President,wha is the excuse-what is the ms
tlhcston, necessity? | answer, first there was no
necessity as 1t necessary to preserve the visible
emolelns OF Federal authority here that the Sou h.
ern coast should have baen biuckaded? Did not
the same necessity exist when Congress, at the last
session, refused to pass the Force b? Was it ne
cessary to the existence of the Union, till Congress
should meet, that powers not conferred by the Con
stltu'ion should be assumed?
vas there a necessity for oyerruuniug the State
OF Missouri? Was there necessity tor RAISING the
largest army ever assembled the American con-
iinent and for collecting the largest feet ever COL
iected In an American harbnl? Congress NAV deem
II was ecessary in contemplation of a protracted
struggle !or the preservation of the Constitution
ana the Union. What mean to say is that there
was none OF that 0verruiing necessity for present
preservation which may apply to usurpations of the
Constitution. In the case of The man in MARYLAND
WhAwas confined so long in Fort McHenry, was
there any necessity of confnng him instead of
The chief charge was, that weeks before he had
neen concerned in reasonable acts. Was not the
judicial authority there to take charge of him. and
Il conVicted to punish him? II there was neces-
sty IN the present state of affairs and CONGRESS in
session here, then what long necessity we have
before us and impending over US Let Congress-
approve and ratity these acts and there NAV occpr
necessity which will justify the President in su-
pe!seding the law In every State in this Union and
there will not be vestg of civil authority left to
rise against this usuTpatiOn of military power Rut
ueny TINS doctrine of necessity. | DENY that the
resident OF the United Staes may violate the
constitution upon the ground of necessity
Inc doctrine is utterly subversiye of the Cons,;
tutinn. 1t substitutes the will of one man for A
written constitution. The Government nf the Uoi
ted states, which draws its life from the Constitu-
u rl"n, ooes not rest upon an implied consent. 1t
rests upon an express and written Consent and the
Government may exercise such powers and spch
only as are given in this written form of govern
ment The people of these States conferred on this
agent oi theirs just such powers as they deemed
necessary. All Others were retained Tho Con.
Sttution was made for all cuntius encies-fpr peaca
and tor war; and they conferred all the power thay
ueemed necessary, and more cannot be assumed If
the powers be not sufficient still nome others were
this be denied? "
Is the idea to be advanced that all constitutional
questions are to be made subordinate entirely to
the opinions and ideas that NAV Ereval at the hour
with reference to political unity? 1t has been held
heretof're, and thought it was axomatic and re-
c1iTed by the world that the terms of the CrnStiu
uon OF the United States were the measure Of power
on the one SIDE, and OF obedence on the other Let
US take care how we establish q prncinle III h.t un
der acy presumed stress of circumstances, powers
not granted may be assumed. Take care and do
not furnish an argument to the world and history
that it shall not respect that authority which no
longer respects its limitations
These are a few of the reasons that will control
my vote against this resolution hope it " i'll be
voted upon, and if it should receive majority, as
fear it will! it will he invitation TO the Prpsi
dent OF the United States, in the absence of all Ie
gIsiation, to do the like acts whenever in his
onlnlon, 1T NAV be necessary. What will he the
effect o; i:.in Kentucky, and Missouri, ana everv
where In his discretion he will feel himself war
ranted III subnrdinating the civil TO the military
power, and to imprsnn citizens without the war
rant OF law and to suspend the writ of haJeas cor
pn@, and establish martial law, to make searches
and suppress the press, and to do all those acts
which rest on the will and authority of military
commander. '
In my Judgment, if we pass this, we are upon the
eve ct putting. so far can, in the hands Of the
President of the United States the power of a die
taior. y" lth such beginning this, what are we
to expect In the future? When we see men ;m,r;
Sohed witnln hail OF the Capitol, without warrant,
ana Congress in session, and the Courts paralvzed
and Congress not rising in a protest of INDIGNANT
terms against 1t, we may well be- filed with gloomy
f"rebodlngS for the future. What NAV we expect
keep, me OF conduct IN Keeping with what has
been don@? Is this contest to preserve the Union?
II so, then 1t should be waged in consti,u tionaI
manner. Is the doctrine to obtain that provinces
are to be entirely subordinate to the idea of poll
tcal unity?
Shall the raIlyipg cry be, the Constitution and
the Union, or are prepared TO say that the Con.
stituton rs gone, but the Union survives? What
sort ot Union would il be? Let this princiule he
announced, and let carry on this contest with
this spirit, winking at or APPROVING the yiolet;ors
of this sacred Instrument and the neopIe will soon
begin to inquire, what will become of our liberties
al tue end OF the experiment? The pregnant ques-
t'"h LOT us TO decide is whether he Constitution is
to be respected in this struggle or whether we are
called upon to follow the flag over the ruins of tie
Con:.ituton? l believe, without questioning the
motives OF any, the " hole tendency of the present
proceedings is to establish Government without
limitations, and radically to change our frame and
character of Government
was told the other day by distinguished
american that many Americans abroad when ask
eu the present condition of things here, said
," thought your Federal Government rested on
consent, and how do you propose to maintain it nv
to'cr? Often the answer would be-, "It was in
tehded TO rest on consent. but it has fail-d 1t s
not strong en"ugh and We intend to make it strong
enough, aud to change the character of the gov
ernment and we will give it all the strength we
Deem essential without regard to the provisions of
the Constitution, which made some eighty
years ago. and has been found not fit for the nraS
ent condition of affairs -
think it is we'll that the attention of the conn
try SD uid De called to The tendency Of things. |
know there are thoughtful, conservative men
scattered through the adhering States, who would
never Consent to NAL this contest with apv mr.
pnse to interfere with the personal rights of pn,i
cal communities He then referred to suggestion
In Nortbsrn paper that n change in the charac
ter OF the Government was contemplated and also
to speech made bg the present Secretary of War
In which he said the Southern States must b. sub.
dued, and, at the end Of this contest there would
be no VII ginians, as such, or Caronans but all
Americans.
call on Senators to defend the constjtutionalitv
OF thtse acts or else admit that they carry on this
contest without regard to the Cons stilution con-
tent myself in saying that it never was contempla-
ted by the trainers of the Constitution that this
G"vernnent should be maintained bv military
force or by suhjugating different political commn
mites IL was declared by Madison and by Hami-
ton fimselt that there no competency in the
H"vernmrnt thus to preserve it. Suppose the mil
hary snbJugation is succrssful-suppose the army
marches through Virginia and the Gulf States to-
New orleans-then the war is prosecuted unconsti-
tutionaiIy. Even if there was warrant of law for
IT, 1t would be the overthrow of the Constitution
There is no warrant in the Constitution to conduct
the contest in that form.
la further proof of how they intend to conduct
this contest reier to the speech of the ELOQUENT
Senator from Oregon, (Mr. Baker when he de-
cared he was Tor direct war; and said that for that
purpose nobody was as good dictator Is any-
thing more necessary TO show that, so far as that
Senator Is concerned, be proposed to conduct the
contest without regard to the Copstitution9 7
heard no rebuke administered to the eminent Sena-
tor, but, on the contrary, saw warm conpratuIa
tons, and the Senator declared that unless the
people OF these States were willing to obey the Fed
erai Government, they must be reduced to the con-
dition OF territories. and, he added he would gov
ern them by Governors from Massachusetts and IL.
linos. This was said seriously and after ward re-
peated.
Mr.. Baker explained. He said he was deliver