The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1861-08-21

touches not the question.
/ may add that upon no occasion has itev,
sr been asserted in Congress. SO far as ! re-
collect, that this power exists on the part OF
the Executive. On one occasion Mr.. Jeffer-
son thought the time had arrived when the
wri. might be suspended, but he did not un-
dertake to do it himself, and did not even re-
commend it. He submitted it to Congress, |
and in the long debates which followed.
there was mol the least intimation that the
over belonged to the Executive. ! then
point to the Constitution and ask Senators
from what clause they deduce the right, by
any fair construction Of the instrument itself,
what part confers the power OH the Presi-
denti Surely not that clause which enjoins
him TO take care of the Constitution and the
Laws, and faithfully to execute them. The
most eminent Commentators OF the Constitu-
lion declare it to be legislative right.
The opinion Of the present Chief Justice,
which has never been answered. makes all
further argument idle and superhuous; and
one of the worst signs Of the times is the
manner 10 which that opinion has been re-
ceiyed. A subordinate military officer in
Baltimore arrests private cilizen and con-
fines him in fortress. His friends get
writ Of habeas corpus, but it cannot be exc
cuted. The Chief Justice then gives an o.
piniou, which is commended, not only BY the
profession Of which be is SO great an orna-
ment, but by all thoughtful men in the coun-
try. The newspapers Of the country, and
the men excited by violent passions, have
denounced the Chief Justice, but have not
answered his opinion. There it stands, one
Of those productions which will add to his
renown.
The abuse Of the press, and the refusal to
respect Just authority. and the attempt 70
make that high judicial officer odous, will
yet recoil on these men. honor him for the
courage with which he did his duty, as well
/ as for the calm and temperate manner 10
which he performed il. am glad he yet
/ remains among Us, man so remarkable Tor
his honored length Of years, and his eminent
public services, and for the rectitude nf his
private life, that he may be justly ranked a.
] mong the most illustrious Americans Of our
day. You propose to make this act Of the
President valid without making defence o.
it, either on legal or constitutional grounds
What would be the efet? In thus apprOy-
ing VIA, the President has done in the past,
Won invite him TO DO the like in the future,
and the law of the country will lie PROSTATE
at tie feet Of the Executive, and in his dis
cretion he NAV substitute the military pow.
er for judicial authority.
4 Agiin, Mr.. President, although there ar,
few af here who take the view OF the Consti
tuition by this right. which | avn advocating
to-day, | trust we will not. under any cir
cumstances, fail 10 protest in temperate but
manly language against what We consider ;
usnrpation Of the President. Let me call th'
attention Of the Senate briefly TO other sct
against which protest in the name Of th'
constitution. and the people represent
Yuo have practically martial law all owe
this land. The houses Of private citizen
| are searched withanl warrant Of law. Tn
| right Of tile citizen to bear arms is rendere
, nugatory BY their being taken frnm then
! Wilton, judicial process. and upon mere sus
, plcinn. individuals are seized without lega
warrant, and imprisoned.
! Tie nther day, .nce Congress met. mi
] tar, officer IN B timnre appointed Mar
| shal lnr that city. Will any man defend ii
/ act: Does ii not override all other law.
! II not substituting The rule of military CON
I m4ntier for the laws Of the land: What nui
] authority had this officer 70 appoint MAJ
shal for tie CITY Of Baltimore than he had |
/ appoint pastor for me of their congregi
4 tiuns 0r President Tor one Of their banks
]. The Constitution guards the people again
c any seizure without warrant Of judici
j authority. Has not the President Of the Tn
1 ted States. by one broad. sweeping act. "a
y his hands upon the private correspondent
!. ol the whole community Who defends
i as conforinabIe 20 the constiinlions
/. am told, Strand il had the power
Il would offer resolution TO inquire into II,
j. the name Of the public liberties--I am to
d that at this moment. in the jail in this cat
: there are individuals who have been take
i by military authorities from Maryland an
d other States, and now lie here and cam,
get out; and in some instances they ha'
5 actually been forgotten. was tnld uf OF
!. instance where a man was put in jail heI
e aud forgotten. His friends made applicatrC
al anc Of the Departments. aud they locke
il into the case aud found nothing against hin
il aud he was discharged. But, IN the rush
{ events. the very existence Of this man. al
!, the cause Of his imprisonment, were forgo
j. ten. We may have this joint resolution
: approve these acts aud make them valid, bl
e We cannot make them valid in fact.
{ knuw that Congress, IN the exercise
/, is legislative functions, may appropriat
! money, but il has been expended by q
II President without warrant Of law. But wha
!, ever unconstitutional act he may have con
mltted cannot be CURED by JOINT resolution
: II stands there, and will stand forever. N,
n can this Congress prevent succeeding Co
\ gress from holding any officer ol the Cover
1 men, responsible Tor violation 81 The Cor
Il siitutiun. enamenle what regard as q
4 usurpations Of the Executive, aud again
i which wish to record the protest Of thoi
il aho are unwilling 10 see the CunstitutiC
+ subserted. under whatever prelext, neeess
Il ", or Otherwise.
n Ill. "A az. a..