Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-06-20
aalg Appeal.
UsUKPATToNs OF POWER BY TIL

each branch Of the federal government, pre-
scribing to each branch tie separate functions
and putting restraints upon power which might
Be used 10 TIE prejudice 81 the peoplef FOR whose
benefit the government was instituted.
For some time past, IN The performances Of
fhe duties which we assumed as editor Of a
public Journal, which Processes TO speak in
behalf Of a political party whose fundamental
principles and rule Of action is embraced IN
the constitution, we have found It necessary Go
point out and ~snimadvert upon assumptions Of
power hv the president of TIE United States.
which assumptions are not only unwarranted
BY The constitution from which BE- derived any
authority at all, but which ere given expressly
TO another branch Of the government. Some
persons we find do not believe that the presi-
dent has usurped any power, and con end that
be hss acsed in strict accordance With the con-
s%titution in every act be has performed.
There lie another class who admit that be
has acted unconstitutionally, but justifyiHg it
by the extraordinary circumstances under
which be bad been called upon 70 administer
the government
We propose to show In this article that The
president has usurped the pnerogatives Of the
legislative branch Of the government, and that
be has in other respects set the presidential
power far above what it was created by the
constitution Of the United States.
In defining and prescribing the powers and
~ AAAAN1 u AK kNAENEHn VI NAE AMNNEA ENENEHH
the constitution, art. ], sec. s, commences BY
saying, Congress shall have power and then
it goes Oh to enamerste and prescribe definitely
and in detail what congress shall have the
power 30 do.
Among the powers given and duties pre-
scribed 10 congress, IS, ''to regulate mne
with foreign nations and among the several
States" Yet the president has assumed to
himself the prerogstive Of suspending con-
msrce between the Northern and Southern
States, and Of hiockading the ports Of certain
States, a prerogative which, III II exists at all
Ia the government, belongs to congress and not
{ the president, to exercise.
Another power vested in congress Is, "to
establish postofiees AM postrosds p Now, al
though nothing is said in this provision Of the
constitution as to the adjustment Of postrosds
or OF post0mces, IL is fair TO presume that it is
to that branch 7f the government to which TIE
power to establish postofiees and postroads
has been given. the power 70 abolish them be-
longs also. Yet be executive brancf OF the
government has practically abolished the post
Offices and postroads in several Of the States,
thus virtually acknowledging their separate
existence and putting them beyond The pale Of
the constitution.
Another power given to congress by the
constitution is, "t0 define ard punish pirseies,
frionies committed on the high seas, and
ofeuses against The law Of nstions"
Tois power has been usurped BY the execu-
tive, Is common report be true Of his having
given instructions TO United Ststss cruisers TO
treat as pirates an persons sailing undsr the
flag OF the States in rebellion against the
United States, and OF bis assuming, not only
10 punish ufenses against the laws Of nations,
but Of defining what these laws are, modifying
and changing these laws as they have been
recognized 10 exist since the formation Of the
government.
The next power conferred on congress is 4" 10
declare war, grant letters Of marque and re-
prisai, and MAKE rules concerning captures
on land and water" A war Is now raging
without its being declared bv congress. Cap
lures are nade on land and water without con-
gress haTing authorized It to be done; AMI
prizes are disposed Of under The authority and
directions. not Of congress, but Of the execu-
tive. And it is even intimated, but We do not
assert its being tr1e, that letters Of msrque
have been issued by direction Of the president,
al, to whatever extent the president has acted
in The matter, in ~usurpstion Of the power Of
congress.
The constitution further SAYS that congress
shallhave power " praise and support armies;
but no appropriation Of money, to that use,
shall be for a longer period than two years.
See with what Jealous care the power to
raise and support armies is vested In congress {
even. Il is not ID the constitutional W Of :
ISL ~ AANHaAH z. Az MA.MA1aE.LE VI AM J.
army for 2 longer period than tive years, such
was the apprehension Of the patriots who gave
us a constitutional government. Of standing {
sruies yet The president Of the United States
does not hesitate 70 raise armies, and IN the
Face Of an act OF congress, providing that be
shall not call an army into the field, not even {
10 suppress insurreetion, for a longer period
han tan thirty days after The meeting Of con-
zress, be raises armies FOR three years or dur
ug a war which has not been declared bv
and Of which congress has no official n
Zno ledge, for which 10 has inside no aDpro- y
and which Il has not yet recognized
o any manner whatever
The constitution invests congress with the
ioEsr to provide and main ain a usvv.o
Never before since the formation OF the Gov
.rnmeut, till recently, did the president Of the
intel States arTogste to himself the power q
o build ships Of war Congress- performed q
ms dufy in conformity With the constitution. g
nd the presidents heretofore confined them
elves TO the DISCHARGE Of duties In relation to
be navy prescribed bv acts Of congress. On
The constitution invests congress, also, and u
0t the president, with the following powers: "
"Io make rules for the government Of the
and and naval forces; a
"To provide for calling forth the militia to o.
xecute 'be laws OF the Union, suppress in
direction and repel invasion ~
80 provide for organizing, arming and dis ca
the militia, ana for governing such Ca
art Of them AZ NAV be employed in the SER q,
Zee or the United States, reserving 70 the
stes, respectively, the appointment Of the
heers and the authority Of trsining the mill
2 according 70 the discipline prescribed BY q.
1ngress." u.
an these powers have been usurpsa by the Co
resident &c
He has. through bis suborsinatss, made 81
rules Tor The government OF the lend and
ivai forces" without authority Ct congress.
He has called out the militia fer a longer ~
.rod Of service than Is authorized bv con IN
although congress refused al its last aes- Gu
3n TO give him the power 10 DO 20, even when o.
s party friends in congress disclaimed that H.
was nts intention To do anything else with D.
2 forces asked for than 10 reclaim the prop- 9-
" OF the United States seized by the rebels. 50
He has not in a single instance at tempted to =
eeute the laws or the Union with the forces z
lied INTO Service, but On the contrary has q
RI them 10 violate The isws and constitutions M
S'stes and Of the United States. He has r.
? only arrogatac the power vested in cop i,
ass Of Organizing, srmiag and discipininE ~
p mili ia, but b has usurped the rich e re- Z
by The Constitution 10 the S ates, re- 3
'ctiVely, IF spp0in ing the field and general p
irers Of militia, even 10 cases where the con- E
tutions Of States reserved THE 70 tie voiuu- F
T soidfsry. =
Re has usurpedt the power Of congress TO sus- Pts
I'd that great writ # habeas corpus. a n p
which the constitutions OF Great But- fs
D whence il was derived denies to the Brit Z
crown. 5
bss drawn money from the treasury in Fle
lation Of the constitution. which Saws: 7
money shall be drawn from the treasury p .
10 consequences Of appropriations made BY b
lsee article I, section 9, OF the conati- =
ion. lie has created Offices in tia army rrs
-hout the authority Of congress, and ap- ~.
ntsd persons to fI these Offices, which. II p
sted BY congress, should be filed in accord p,
r. with the constitutional provision, "fe- p,
wing TO The States respectively" the right to FGr
officers Of the militia.
ie has violated The provision Of the cOnst- eli,
Ion which ssys, article 2 OF ameDdments1 Il
well regulated militia being necessary 10 pi
security or a free Sts-e, the right Of the s-'
10 keep and bear arms shall not Be in e..
iged." In Missouri, 4 body Of State militia Ca
re made prisoners and deprived Of their Gla.
ls-undsr a pretsxt which, If true. should "a
70 been proved, and The militia tried fer m
ison. fs
is has violated the rights Of The people re- We
7ed by article 4h Of the Amendments TO the %
s~itution, which says: "Tbe right Of the el8e
PIE 70 Be secure in their persons, papers eras
ELECTS gaiEst uDre sonable searches and
ures shall not be violated: and no warrants -alnl
1872 -IEA FtNtaHif cause SUD- Text
ed By oath or affirmation, and particularly -c-
riding toe place % b searched and tbs pr-
sons orthiHes 20 be seized y Twin
e has violated the personsl riehts Of the wh
pie reserved by Tie 5th article Of ~ po'
.ndments 70 ne constitution. which ssvs "3.
person shall be held h answer for ; can't Typs
or o herwise infamous crime. unless on me-
zen merit or Indictment by a grand iurv InoI
spt 10 cases zTisfnE 10 The land md 49, ve-
~ OF 10 be milris, when DO actual ~ssrvics var
inc Of war or public d~snger.o A elsrse ~ Y nu
constitution which gives bin 10 pow,r Lene
citizens BOT IN The actual service Of ~ 8ee
I'd States IN var. on
. ha-, in violation Of ihe same article Of WI
constitution, deprived prrsons over whom Po
sd no an bority. Of their liberty. @uiIbonf vera.
process Of laws verm
. has involved fhe government n debt with NlEl
the authority Of Congress, The consa uton -
NJ 70 congress alone the authority to bar- WssI
money, and consequently he authority 10 wbt'
occasion or make q Necessary to borrow WY.
WntI
p has in violation Of the constitution WIND
sh requires that no preferences shall be orc
o to any regulation Of commerce or reve Fool.