The Placer herald., 1861-08-10

be assumed. If this power be not sufficient, still
none others were granted, and none others can
oe exercised. VIII this be denied? Is the idea
TO be advanced that all constitutional questions
: are to be subordinate entirely to the opinions
: ana Ideas that may prevail ut the hour with ref
ercnce to political unity? II has been held here
tofore, and thought it was automatic. and re-
wed by the world. that the terms Of the
Constitution Of the United States were the
measure OF power on the one side. and of obedi-
ence on the other Let US take care how es
tablish principle that, under any presumed
stress OF circumstances, powers not granted may
De assumed. Take care and do not furnish an
argument the world and history that ii shall not
re pect that authority whicl no longer respects
It's own limitations. These are a few Of the
reasons that will control my vote against this
resolution hope it will he voted upon, and if
IL should receive ma jOiity. as fear it will, it
VIII be an invitation to the President of the
United states, in the absence OF all legisation
to do the like acts whenever, in his opinion it
may be necessary. What viii be the effect OF il
in Kentucky aud Missouri, and everywhere? In
his discretion he will feel himself warranted in
sub0rdnating the civil to thu military power
and to imprsOn citizens without the warrant OF
law, and TO suspend the writ of habeus corpus and
establish martial law, to make searches and sup
press the press and 10 do ali those acts which
rest on the will aud authority OF u military com
mander In my judgment if We pass this we
are upon the eve of putting, so far as we can. in
the hands OF the President OF the United States
the power Of u DICTATOR With such Il begin
ming rs this, what are we to expect in the future?
| When we see men imprisoned within bail of the
| Capitol without warrant, and Congress in ses
sion, and the Courts plralyzed. and Congress not
| rising in protest OF Indignant terms against it,
we may well be filled with gloomy torebodings
for the future What may expect except line
Of conduct in Keeping with what ha, been done?
| Is this contest TO preserve the Union. Ii SO.
then it should be waged in a constitutional man
ner Is the doctrine to obtain that provinces are
to be entirely subordinate to the idea OF political
unity: Shall therallylng cry be the Constitu-
lon and the Union, or are we prepared to say the
Constitution is gone, but the Union survives?
What sort OF 4 Union would it be? Let this
principle be announced, and let carry on this
contest with the spirit, Wnking at or approving
the vic latiOns OF this sacred instrument. and the
the people will soon begin to enquire what will
| become of our liberties at the end of
| pertinent? The pregnant question for us to de
eide is, whether the Constitution is to be respec-
ted in this struggle, or whether we are called
upon to follow the flag over the ruins OF the
Constitution? ] believe, without quest ioning the
motives of any, the whole tendency OF the
present proceeding is TO establish a Government
without limitations, and radically to change our
frame and character OF Government. | was told
the other dly by adistinGuishe American that
many Americans abroad, when asked about the
present condition of things here said We thought
your Federal Government rested on consent,
Often the answer would be- 1T was intended to
rest OH consent, but it has failed. 1t was not
strong enough, and we intend to make it strong
enough and to change the character Of the Gov
ernmcnt and we will give it all the strength we
deem essential without regard to the provisions
of the Constitution, which WAS made some eighty
years ago. aud has been found not fit for the
present coDditiOa OF alftrs' think it is well
that the attention Of the country should he call
ed 10 the tendency of things. l know there are
thoughtful. conservative men thousands of men
loving the Constitution scattered through the
adherng States. who would consent to
make this contest with aly purpose to interfere
with the personal rights OF political communities.
He then referred to Il suggestion in 4 Northern
paper that change in the character of the Gov
crnment was contemplated, and also to Il speech
made by the present Secretary Of War III which
he said the Southern States must be subducd, and,
at the end OF this contest. there would be no
Virgin,lnS rs such. or CarOlinianS, but all Amer
leans. ! call on Senators to defend The constitu-
tionality of these acts or else admit that they
carry on this contest without regard to the Con
stution. | content myself in saying that it new
cr was contemplated by the trainers Of the Con
stitution that this Government should be main
tanned by military force or by suhjugating dil-
erent political communities. 1t was declared by
Madison, AMI by Hamilton himself. that there
was no competency in the Government thns TO
preserve it, Suppose the military snbjugation is
successful l-suppose the army marches through
Virginia and the Gulf States to New Orleans
then The war is prosecuted unconstitutionaly |
Even if there were warrant ol law for 1t, II |
would be the overthrow OF the Constitution !
There is no warrant in the Constitution TO con !
duct the contest in that form. in further proof
OF how they intend to conduct the contest, ! re-
Ter to the speech Of the eloquent Senator from
Oregon (Mr. BakcrD when he DECLARED he was
for direct war, and said that or That purpose no
body WAS so good as a dictator. Is anything
| p,1i tn hat far n ha
to-. is concerned. be proposed to coniuct the con
test without regard to the Constitution? heard
no rebuke administered to the eminent Senator,
but Oh the contrary. [ saw warm congratull-
tions, aud the Senator declared that, unless the
people Of these States were willing to obey the
Federal Government, they must be reduced to
the condition Of the Territories; and, he added,
he would govern them by Governors from Mas
sachusetts and Illinois. This was sad seriously
and afterwards repeated.
Mr. Baker (Rep) of Oregon, explained He
said he was delivering speech against giving too |
much power TO the Prcsdeut and was keeping |
his usual constitutional, guarded position against
the increase of the standing army, and gave as |
an excuse for voting for the bill the present |
state of public affairs He did say he would take
some risk of despotsm, and repeated that he
would risk IA little to save all. He hoped the |
States would return to their allegiance, but II
they would not, he thought it better for civllza-
ton and humanity that they should be governed
as Territories. Hedid say so then and believed
so now. and thought the events OF the next SIX
months would show that it would be better ii
the Senator believed it too.
Mr. Breckenridge said the answer of the SenA-
tor proved what he said, and contended that it
was evident that the Constitution was to be put
aside. It was utterly subversive Of the Consti-
tuition and Of public liberty to clothe any one
with dictatorial powers. He then referred to the
speech of Mr. Dixon Of Connecticut, who said,
i'm substance that if African slavery stood in the
way it must be abolished
Mr. Dixon (Rep) oil Connecticut, had the Secre-
tary rend what he did say on the subject as
hn6 ,rla