The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-07-11

was constructed. Having the affec ion of the peO-
pie, who everywhere obeyed it, it has produced
only continued prosperity without parallel in
history Under such circumstances, how should we
examine anything but what is sanctioned by that
Constitution? l cannot vote for ything which is
an Infringement on the Constitution The Consti
| tuition was made for as well peace it was
! intended for any emergency that might occur in
| the future history of the country. AS early as
l795, Congress passed an act, which will read:
"Ghe United States shall guarantee to'every State
. IN this Union Republican form of government,
on application of the Executive
thereof when the Legislature cannot be convened J
| against domestic violence"
The President under this law, called forth on the
10Th April u, 600 men. In what month or months
were these men needed, when the President
asked for their assistance? The President has not
attempted to enforce the laws. The law applies to
| individuals in States, and does not say that one
state or seven States shall refuse the operation of
certain laws in certain eXg gences am free to say
that believe that the President is attemp ting
to carry on this war-as he has organized it-under
! false pretences.
The President, in his proclamation, determines
himself the legality nt his action in calling out the
| militia. But, Mr. President, the President of the
United States is not to be the Judge of the legality
OF his own actions. The President, on the 9th Of
April. blockaded the ports of North Carolina and
| Virginia. The Constitution saws: "No preference
shall be given by any regulation of commerce or
revenue to the ports of one State over those of
another" Yet the President assumes that power
whicd alone belongs to Congress, and attempts to
| regulate commerce..
| On the 81 of May he issued a proclamation call
ing for So, 600 for the army and Is 900 for the
| navy, an aggregate OF 81, 600 men, ct he is not
justified in so doing, and he admits this fact wben
| he says he submits the matter to Congress.
| The President has no right to suspend the writ
of habeas corpus yet he has dared to delegate that
power to r military cOmmandant.
| The King of England, monarch though he be,
could not do such action without the consent of
Parliament. The President has INDUCED in ar
gument, with necessity excuse, seeking to
! legaZe his acts; but, Mr. President. alone are
the judges of the correctness of his official acts.
There is now confined in Fort McHenry a Mr.
Merryman; the liberties of that man, guaranteed
him bv his State and the Constitution are baselv
trampled upon. There has been great outcry
against Chief Justice Tanev, but honor him for
the courageous action he has taken in the of
Mr.. Merryman, surrounded as ne was by soldiers
bayonets. While honor him FOR his sage wisdom,
! beg also to drop tribute to his sublime courage.
Necessity is the tyranrs plea and has always been
used for the downfall of civil liberty.
The President has gone even further. He has
dared to declare martial law-something undefna-
Bile, not known in the Constitution. The nearest
we can get to definition is, the will of the mill
tary commander. An old and esteemed English
urist once said that martial law not only destroyed
municipal law, but also the right of private prop
erty. In 1892 the Lord Chancellor of Euglaud said
that martial law had not been known for
tury, nor has it been known since. Yet the Presi
The Constitution was passed without bill
of rights, because of insufficient authority;
but so jealous were they on this point,
that amendments of this nature were added to the
Constitution, and | call attention to the
fourth amendment to the Constitution:
"Ihe right OF the people to be secure in their
persons houses. papers and effects, against unrea-
sonable searches and seizures, shall not be violated;
and warrants shall issue, but on probable cause,
supported by oath affirmation, describing the
place to be searched and the persons or things 10
be seized"
In the case of Merryman, and others, in Fort
McHenry, and persons in my State-and | have
heard that in the OF my former colleague,
Mr.. Greene,) the President has caused this
amendment to be violated Teegrapbic dispatches,
the private property of the offices have been seized
as know by revelations which hava been made in
relation to Mr. Harvey, the United States Minister
to Portugal.
Nor has the President right to regulate com
merce; yet since the 18th of April he has closed the
ports OF those States claimed to have seeded, and
yet insists on their still forming part of the
Union.
Mr.. WILSON then moved that the bill lie over
| until tomorrow 10 allow Mr.. Polk to continue his
remarks. Agreed.
The Senate then took up the House bill, entitled
Gan act to collect the revenue imports" &c.
This is thesforce bill, which had just been rushed
| through the House,
In debating the bill, Mr.. SALISBURY, of Della
ware, said that there but few secessonists in
his State, but the people were in favor OF peace
measures. His instructions were of that purport.
and he moved that 900 be inserted instead of
100000 men. This number, he said, was sufficient
to protect the Capital aud all the loyal States from
invasion, and if more than this number was re-
quired they could easily be obtained.
The amendment disagreed to.
The dill was asneaded by increasing the number
Va -'s ooo,ouU men. and by authorizing a
lan loan 10 the amount OF S5000O0 000 instead oil
S4o0, 1000 After some other minor amendment
the bill passed.
At fifteen minutes past five o'clock the SEN =
went into executive session.
HOUSE OF REPRESENTATTrE
message was received from the nenate MORN
ing the House OF the passage of ne pi'l reunulng
and remitting the duties on arms imported oy tue
States since the lst of May last or until January
next.
Mr. STEVENS asked that the bill be put on its
passage.
Mr. BURNETT, of Kentucky, wished to be INDUCED
in a few remarks, to which objection made.
lie sad-l am, perhaps, one of the few members
| of this House who think that not only the COM
mencem ment but the prosecution of the present war
| might have been, or might now be, avoided BY
proper efforts on the part Of the National Admins
| tration. Entertaining this opinion, | am one OF
those indisposed to resort to the force of
| bayOnet and sword under any circums tances, be-
! lievipg that under the theory OF our Government
! the Union can never be held together in that way.
! Hence 1t is my purpose, representing a Congress
sonal district of Kentucky, to oppose, b0:h by
| voice and vote every movement that looks to the
prosecution OF the against the Souh bern States
| which have seeded. These being my views and
| sentiments, | cannot and will not, under any cir
cumstances, give my vote for measures which look
! to the involvement of our common country in a
bloody struggle, the results to both sections will
be the destruction of their material and best inte-
rests, ard the prostration of republican government
on this continent.
Mr.. MALLORY, of Kentucky-I have risen simply
to protest in the name of Kentucky, and her non
representatives this floor, against the remarks
made by my colleague Mr.. Burnett). Kentucky,
by a large and overwhelming majority, will sup
port and maintain the Government and the Cnnsti
tuition of the United States. Applause on the floor
and 10 the galleries
The SPEAKER quickly reminded gentlemen that
applause was in violation of the decOrum of the
House and be would insist the enforcement of the
rules. lie hoped the House would sustain him. He
had no desire to clear the galleries, but if the dis
order therein be repeated he would feel it his duty
to do So He trusted that all spectators would OBJ
serve the propriety OF time aad occaslon and re-
member that this was not theatre.
Voices "Thats right" and "That's true
Mr.. MALLORY, resuming, said-I do not desire
to make lengthy speech. | insist that what
have stated is the opinion of Kentucky in this
fortunate state OF aflirS. We in Kentucky be.
lieve the perils hich endanger the destruction and
ruin of so many material interests have been
brought about by these very seeding States of the
South which seem to excite the sympathy OF my
colleague. This being my opinion and that of Ken
lucky, authorized, think, to say to this
House and country that the people of Kentucky,
through her Union representatives on this floor,
stands ready TO support the Government of the
United States by every constitutional means to
which i may be thou ght proper to resort for the
main tainance of the government and the Constitu-
The SPEAKER said he would direct the Sergeant
| alarms to arrest any gentleman who should re-
peat demonstrations of applause.
The bill then passed
r. the GCmmittee q and
Means, reported bill making additional appropri-
ati0ns for the army for the fiscal year ending June
80, 1862 and for settling the arrearages of the fiscal
year ending June 80, 1851 Referred to the Com
mittee of the Whole.
Also, bill making additional appropriations for
the naval service for the fiscal year ending June
30 1862 and for settling the arrearages of the fiscal
year ending June 30, 1861. Referred as above.
Mr.. WAsnBURNE, of Illinois, reported from the
Committee on Commerce a bill further to provide
for the collection of duties on imports, and for
other purposes, and asked unanimous consent to put
| 1t upon its passage.
| [The bill provides that whenever in the judg-
ment of the President, by of combinations
OF persons in opposition to the laws, it shall become
impracticabe to collect the duties in the ordinary
way, he is authorized to the duties to be COL
ected at any port of delivery in the same district;
| it authorizes the establishment of the custom
houses IN certain exlgencies shipb0ard, and en-
powers the President to close the ports of entry in
the seeded States until the cessation of all OBJ
structions; it also renders unlawful all commercial
| Intercourse between citizens of the seeded and
! loyal States, and confscates all vessels owned en-
| trely or in part by citizens of disoyal States
which shall be seized at sea fifteen days after the
| issuing by the President of his proclamation de-
claring such States to be in a state oinsurrection
| MIR. VALLANDIGHAM inquired of the gentleman
from Illinois whether the first section of the bill
was not substantially the same as that introduced
| by Mr. Bingham at the last session?
| Mr.. W WAsHBURNE said he was not sufficiently con-
versant with the provisions of the Bingham bill to
| answer the interrOgatory.