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

IL ever been asserted IN Congress, so far
as | recollect, that this power exists on
the part of the Executive. On one oc-
casion Mr.. Jefferson thought the time
had arrived when the writ might be sus-
pended, but he did not undertake to DO
it himself, and did not even recommend
it. He submitted it to Congress, and in
the long debates which followed, there
was not the least intimatou that the pow
er belonged to the Executive. / then
point to the Constitution and ask Sena-
tors from what clause they deduee the
right, by any fair construction of the in
strument itself, what part confers the
power on the President? Surely not that
clause which enjoins him to take care of
the Constitution and the Laws, and faith
fully to execute them. The most emf
nent commentators of the Constitution
declare it to be legislative right.
The opinion of the present Chief JUS
tice, which has never been answered,
makes all further argument idle and SUI
perhuous; and one of the worst signs of
the times is the manner in which that
opinion has been received A subordi-
nate military officer in Baltimore arrests
a private citizen aud confines him in a
fortress. His friends get writ of haJeoS
corpus, but it cannot be executed The
Chief Justice then gives an opinion,
which is commended, not only by the
profession Of which he is so great an or
nament, but by all thoughtful men III
the country The newspapers of the
country, and the men excited by violent
passions, have denounced the Chief JUS
tice, but have net answered his opinion
There it stands, one of those productions
which viii add to his renown.
The abuse of the press, and the refu-
sal to resPec: just authority, and the at
tempt to make that high judicial officer
odious, will yet recoi on these men. |
honor him fer the courage with which he
did his duty, as well as for the calm aud
temperate manner in which he performed
it. | am glad he yet remains among us,
a man so remarkable for his honored
length of years, and his eminent public
services, and for the rectitude of his pri-
vate life, that he may be justly ranked
among the most illustrious Americans Of
our day You propose to make this act
Of the President valid without making
defence of it, either on legal or constitu-
tional grounds. What would be the
effect In thus approving what the Pre-
sident has done in the past, you invite
him to do the like in the future, and the
law Of the country will lie PROSTATE at
the feet Of the Executive, and in his dis
erection he may substitute the military
power for judicial authority.
Again, Mr. President, although there
are few of us here who take the view Of
the Constitution by this right, which
am advocating to-day, trust we will not,
under any circumstances, fail to protest
in temperate but manly language against
what we consider usurpation of the
President Let me call the attention of
the Senate briefly to other acts against
which | protest in the name of the Con-
stitution, and the people represent -
You have practically martial law all over
this land The houses Of private citizens
are searched without warrant or law. The
right of the citizen to bear arms is rem
dered nugatory by their being taken from
them without judicial process, and upon
mere suspicion. individuals are seized
without legal warrant, and imprisoned
The other day, since Congress met, a
military officer in Baltimore appointed a
Marshal for that city viii any man
defend the actY Does it not override all
other law? Is it not substituting the
rule of military commander for the
laws Of the landg What more authority
had this officer to appoint Marshal for
the city Of Baltimore, than he had to
appoint pastor for one Of their congre-
cations or president for one of their
banks? The Constitution guards the
people against any seizure without war
rant Of judicial authority. Has not the
President Of the United States, By one
broad, sweeping act, laid his hands upon
the private correspondence Of the whole
community? Who defends it as confor-
mable to the Constitution
/ am told, strand if / had the power
would offer a resolution 20 inquire into
it, in the name Of the public liberties
| am told that, at this moment, in the
Jail in this city, there are individuals who
have been taken by military authorities
from Maryland and other States, and now
lie here and cannot get out, aud 10 some
nstancesthey have actually been forgot
ten. was told Of one instance where a
man was put in Jail here and forgotten
His friends made application at one Of
the Departments, aud they looked into
the case and found nothing against him,
and he was discharged. But, in the rush
Of events, the very existence Of this
man, and the cause Of his imprisonment,
were forgotten. We may have this int
resolution to approve these acts and make
them valid, but VIC cannot make them
valid in fact
! know that Congress IN the exercise
Of its legislative functions, may appro.
pirate money, but IL has been expended
by the President without WARRANTED law
But whatever unconstitutional act be
may have committed cannot be cured by
joint resolution. 1t stands there, and
will stand forever Nor can this Con-
gross prevent a succeeding Congress from
holding any officer Of the Government
responsible for violation Of the Consti-