Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1861-06-24
V7oIe5io1 q The Co1s1i1a00a.

We presume tnes COugvc9s Will not nave
to legalise any Of the acts Of the Presi
dent, because he has done nothing which
has been illegal Of unconstitutional. II
the President hes OF himself the power
to "levy war y; to blockade harbors,
to abolish the postal system, to defend
and punish piracies, felonies committed
on the high seas and offenscs against
tho laws of nations"; ito declare wal
and make rules concerning captures on
land and water; ito raise and support
armies" to provide ana maintain Z
navy; to make rules for the govern.
ment Of land and naval forces" ito
provide for the calling forth Of the mil.
itia to execute the laws Of the Union,
suppress insurrection, and repel invs-
sion; "to provide for the organising,
arming and disciplining of the militia.
&c., then what use is there Of having any
Constitution or Congress at all. The
above specified powers are q portion Of
those delegated by the Constitution es.
pecially to Congress, but We have had
no congressional action upon either
since the outbreak OF this rebellion, yet
at tho same time tho powers, either in
whole or in part, have been exercised
by some body.
The Constitution also delegates to
Congress the right "to regulate COM
merce with foreign nations and among
the several States.' Somebody has
regulated commerce" among the seve-
raj States with vengeance, and yet
there has been no Congress. 1t does
really seem to us that our President has
done it; yet me may be Mistaken
Tirle will prove whether we are or not.
We assume, Notwithstanding, that the
President has done it. Greater jarists
than VIC, have honestly made the same
assumption. We cannot call in question
their honesty or patriotism either. We
claim that there was no necessity for
this overstoppng of Constitutional metes
and bounds because there could have
been special session of Congress con-
vened and all necessary demands sup
piled even before the exigencies arose.
Again the Washington correspondent
Of the New York Herald, IN letter of
the 18th inst, published on the 2oth,
states that.
The President is busily preparing his
message to Congress-. In it he will
openly avow his reasons for disregard
ing the requirements ofthe Constitution,
and will call upon the National Lcgisla-
ture to give formal approval to his
past course. He will ask for power to
suspend the privilege OF the writ of ba-
beas corpus, and to proclaim martial law
when necessary.
The same has been stated through
otehr reliable channels. Why call upon
Congress for the privilege of suspending
the writ of habeas corpus? Has the
President not already done SO! He has
not only done so, but has authorized his
Generals to do tho same thing if we read
Alright. lie has not the constituted au-
thority to do so. Chief Justice Mar
shall, who had some credit for common
sense, and was suspected of being deeply
tinctured with patriotism, declared that
the President had no such right; and
ChiefJusticc Story, a jurist of some note
in earlier times made the same
decision; and, if We mistake not,
Thomas Jefferson, when President
Of the United States, asked Of Congress
the power Of suspending the writ-he
not considering that any such power
was in him vested. We think it was in
the Aaron Burr case. Other proofs Of
similar character might be brought
forward, but it is unnecessary.
We adopt the language of the New
York Observer, an eminently conserva-
tive, Northern-rights sheet, and say THAI
"the Constitution Is of more value than
all the Presidents" from Washington to
Lincoln ; of more value than fifty Norths
or Souths; of moro value than millions
of lives or money. And when tie daily
newspapers speak Of setting aside the
Constitution, because It's provisions
make the work of war too slow, they
are preparing the way for another revo.
luton.
"lt this war cannot be carried on I'M
der the Constitution, then It is a wicked
war, and the men who are waeing it are
tyrants and despots, whose feet are on
the necks of the people already. One
of the daily papers Of this city, lead
ing journal, high in the confidence ofthe
administration, thus prepares the way
for the opening session Of Congress
Congress will act as if invested with
the power of National Convention, for
IN merely sanctioning what the Execu-
1--WE has already done in the ievying Of
troops tor three years, in the use of un.
appropriated monies for extraordinary
expenses aud In its appointments, it
WI un' nave to transcend the authority oil
Tue constitution, And thoro c.n ho no