Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1861-07-26

Mr.. BREcKINMDGE Dem, Ky J pro,
ceeded to speak at length in opposition
to the resolution. He said under ordi-
nary 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 declare the acts of the President ap-
proved. The resolution on its face seems
to admit that the acts of the President
were not performed in accordance with
the Constitution and laws. If that we're
the case, then he would be glad to have
some reason assigned, showing the power
of Congress to indemnify the President
for breach of the Constitution. He
denied that one branch of the Govern
ment can indemnify public officers in an
| other branch for violation of the Consti-
tuition and laws The powers conferred
on the Government by the people of the
States are the measure of its authority.
These powers are confded in different
departments, and their boundaries are
determined. The President has rights
aud powers conferred, and the Legislative
Department its powers, and the Judicial
Department its powers, and he denied
that either can eneroach on the other, or
indemnify the other for usurpatiors OF
the powers conided by the Constitution
Congress has no more right TO make
constitutional the unconstitutional acts of
the President than the President to make
valid the act of the Supreme Court, en-
croaching on the Executive power. or the
Supreme Court to make valid an act OF
the Executive, encroaehing on the Judi
clal power. The resolution substantially
declares that Congress may add to the
Constitution or take from it in a manner
not provided by that instrument; that
her bare majority can by resolution make
that constitutional which is unconstitu.
tional by the same authority SO, in
whatever view, the power granted by
this resolution is utterly subversive Of
the Constitution. 1t might be well to
ask if the President had assumed power
not conferred. He should confine him
self to the acts enumerated in the reso-
luton, 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 rebuked by
both houses of Congress.
The President has just established
blockades. Where is the clause 10 the
/ Constitution which authorizes IT? The
last Congress refused TO confer authority
and by what authority did the President
do it after they refused ? The Constitu-
ton declares that Congress alone hay.
power to declare war; yet the President
has made war. In the last session the
Senator from Illinois douglas delivered
speech on the 10Th of March, which
he would read. He then read an extract
Of MIR. Douglass speech, declaring that
the President had no right to make q
blockade at New Orleans or Charleston
more than at Chicago. He also read
from a speech of Daniel Webster, deliv.
cred in 1882, declaring that Gen. Jack
son had no right to blockade Charleston
He said be approved the sentiments ut
tered by these eminent statesmen, who
were formerly regarded as sound, and
thought the time had again come when
it would not be thought treason to main
tain them.
The resolution proceeds to approve the
act of the President, enlisting men fol
three and five years. BY what authority
Of the Constitution and law has he done
this p? The power is not in the Constitu.
ton, nor granted by law. Therefore il
must be illegal and unconstitutional. -
( Again, the President by his own will
has added immensely to the army; where.
as the Constitution says Congress alone
have power so raise armies. He has also
added to the Navy, against the warrant
of the Constitution. These acts are moi
defended on constitutional or lega
grounds, and he pronounced them usur,
putions This resolution goes on to re.
cite that the President has suspended thu
writ OF hdteds corpus, and proposes tt
ratify and make that valid.
We have great deal of talk abou
/ rights--the rights Of States, the rights
Of individuals, and some of them have
been said to be shadowy and imaginary
but the right of every citizen to be ar
rested only by a warrant Of law, and hi,
right to have his body brought before 4
Judicial authority, in order that the
grounds of that arrest may be determined
on, is a real right. There can be no dis
ppte about that. It is the right of right
to all, high, low, rich or poor. 1t il
especially the right Of that class whicl
his Exeellcncy the President calls pIaiI
/ people. 1t is right, the respect fo
which is measure Of progress and civi
lizaiion. 1t is right that has beer
struggled for. fought for, guarded b.
laws, and backed up in constitutions
To have maintained it by arms. to hay,
suffered for it, then to have it established
on foundations so immutable that tn,
authority of the sova eign could no
shake IT, is the chief glory of the BRITISH
people, from whom we derive it. Ii
England the legislative power alone car
suspend it. The monarch Of England
cannot suspend that right. But th'
Trans Atlantic frecmen seem TO be cage
to approve and ratify acts which Eu
ropean monarch dare not perform. ]
needs no legal argument to show that th'
President cannot suspend the writ 0