Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-08-01


necessary to preserve the visible emblems of Federal au
thoriy here that the Southern coast peen
AIDED? essy exist when Congress at
the last session. refused to the Force b was ne
cessary to the existence OF the Unlon t shoa
that not conferred by the CONSTITUTION shouo
be assumed? ,,,a
souri, Was there necessity for raising the arges army
assembled American continent and for collect
ing the largest feet collected il American harbOr
Congress may deem necessary contemplation of
protaced struggle for the preservation of the Constitution
and the Union What mean to say IS that there was none
of that overriding necessity for present which
apply TO usurpaons Of the Constitution In the case
of the in Maryland who confined long in Fort
ehry there any necessity of combining him instead
of turning him over to the civil authorities?
The Chief charge was that weeks before he had been con-
cerned i'll treasoHshle acts Was not the judicial authority
there to take charge of him. and if convicted to punish
fairs and Congress in session here then what long neces
sity have before and impending ct Con-
necessity which will justify the President in super,
sediDg the law in State in this Union and there will
not be vestge of clv authority LETT to rise against this
ssity deny that the President of the United States
violate the Constitution upon the of necessity
The doctrine utterly subversve of the Constitution 1t
substitutes the will of for written constitution
The Government of the United which draws its life
from the Constitution does not rest upon an implied con-
sent 1t rests and written consent ard the
such powers and such only as are
given in this written form of government The people Of
these States conferred this agent of theirs just such
powers as they d. eed necessary All others were retain
ed The Constitution was made for all contngenclesfor
and for and they conferred all the they
deemed necessary. and cannot be assumed. If the
powers be not sufficient still others granted and
none others can be exercised Will this be denied?
Is the idea to be need that all consiuto la questions
are to be mace subordinate entirely to the opinions and
ideas that prevail az the hour with reference to po
cal unity 1t has been held heretofore, and thought it
automatic and received by the worj, that the
the Constitution of the United States the Of
power the SIDE and of obedience the other Let
Us take care how we establish principle that under any
presumed stress of circumstances powers not granted
be assumed Take and do not furnish argum
the world and history that it shall that autbO
| " Whcn no longer Respects us own lIml' etonS
These ew of the that will! control my
against this resolution hope it will be voted upon, and
if it should receive majority, fear it WILL it will be
jnvi'aon the President the United States, in the ab
sence ct all legislation to do the like whenever in
his opinion may be necessary. What will be the effect
OF it in Kentucky, and Missouri and everywhere? In his
discretion he will feel himself warranted subordnang
the civil to the tacy power and mprson citizens
without the of law, ard suspend the writ OF
hdbedS c0rS and establish martial law make ches
and the press ard to do all those which
on the will and authority of 8 military commander.
In my Judgment il We pass this, upon the of
putting far can in TIE Of the President of
the United States the of dictator. With such
beginning this what expect in the future
" hen imprisoned within hail of the Capitol,
without warrant and Congress session, and the Courts
parayzed and Congress not rising protest of Indignant
terms against it may well be filled with gloomy forebo-
dings for the future What may expect except line
conduct in keeping with what has done Is this con-
test to reserve the Union? Ii so, then shou be waged
in constitutional Is doctrine to obtain that
iitical unity - - ~
Shall the raying be- the Constitution and the Union
prepared that the Constitution is gone but
the Union survives? What OF Uni; would it be p
Let this principle be announced, and let carry this
contest with this spirit wnkng at or approving the viola
ons of this sacred instrument and the people will soon
begin 10 inquire, what will become of liberties
end CT the experiment? The pregnant question for rs
decide is whether the is be respected in this
struggle, or whether called upon follow the flag
over the Constitution? I believe without nnes
tionpg the motives OF any the whole tendency pres
ent dines is to establish Government without imi
ations a1d radically change and character
was told the other day by distinguished American
many Americans abroad when asked about the
Government rested consent and low do you propose to
INTENDED to rest consent but failed 1t is not strong
enough and intend to make strong enough and TO
change the CT racer of the government and we will live
it all he strength deem essential without regard to The
provis3t" T the Constitution which made some eighty
yea aud f"7 heen found not tit for the cond
81. -:e . tie attention of the country should
tho4 /. ns' ,atV nien-thousands of men who love
tie { - red through the adherpg States
who ent to make this contest with any
purpose !" ~ nth the personal rights of political
communities lien reerred to suggestion in a North
contemplated and also speech made by the
Secretary of War; in which he said the Southern
be subdued and at the end of this would be
no Vhginians such Caroinars but all Americans
call on Senator'S to defend the constutionaty of these
regard the Co sttnion content myself in saving tha;
never was g Atempaed by the trainers the Constitu
force by sub1gatipg different political commn1ities
was declared ~ Madison ard by Hamilton himself
was competency in the Government thus preserve it,
suppose the military suhuga successfu-suppose The
army marches through Virginia and the Gulf States
orleans then the war is secuted unc0nsituionaly
Even if there warrant law for it, it would be- the
overthrow of the Constitution There warrant in the
Cons tuition to conduct the contest in that form.
In further proof of how they conduct this con
test refer to tie speech of the eloquent Senator Ore
gon, (Ar Bakery when be declared fer direct wal,
and said that for that purpose nobody good die
ato Is anything necessary show that SO far 81
Senator concerned he proposed CONDUCT the
test without rega to the heard no rebuke
administered to the eminent Senator but on the contrary
congratulations Senator declared that
@
Government they must be reduced the condition
of territories ard he added be would govern by Gov
errors from Massachusetts and ILLINOIS, This was said ser
Cusly and afterward repeated
MIR. Baker explained He he was delivering speecI
against giving too much power the President and was
keepmg MS Guai constitutional, guarded position against
for voting for the BILL the present state of public aas
he did say he would take risk of despotsm and re
peated that he would risk little to ALL He hoped the
states would their allegiance but if thew WoulG
not he thought better tor civil cation humanity thai
they should be governed as territories He did saw az
next six months would show that would be better if the
Senator believed it too.
Mr. Brecknridge the answer of the Senator provef
what he said and contended that it evident that the
OF the Constitution and of public liberty TO cothe any
with dicatoral He referred to the
of Mr.. Dixon of Connecticut who said in subsance ba
African slavery stood in the way it be abolished.
Mr. Dixon had the Secretary what he did say OF
= the subject, as published yesterday
Mr.. Breckenridge said it appeared to him that the mos
violent Republicans had possession the Government aC
referred to the bill by Mr. Pomeroy
a
Tor the abolition OF slavery He commended that thu
title enough to show that the Constitution was
be put aside :
Mr.. Bingham (Rep, Mich. } asked if he commended th
: was not shareholders rebellion. -
Mr.. Breekinrdge-I do, sir do. He then referred ts
refusal of session to make any compromise though
the Southern leaders said they would be satisfied with The
Crittenden Compromise But all efforts were refused anG
any offers of peace ruled one House
it is vain and idle to argue for it. he the
country know that Congress deliberately refused the
to avert the horrors of internal struggle But why
utter words shall trouble the Senate longer. know
that argument appeal will have any effect.
have cherished all my life attachment the Unor
of these States under the Constitution the United States
have always revered that instrument as one of the
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