Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1861-08-01
SPEECH OF SENATOR LANE,
OF INDIANA.
In Reply to Breckinridge.

OF INDIANA,
in Reply to Brec ckinridge.
Mr.. LANE, of Indiana.-Mr. President.
the joint resolution out of which this de-
bate has grown is resolution to confirm
certain acts and proclamations of the Pres
ideut of the United States. performed and
issued during the recess of Congress-
Gentlemen take technical objection
against the action Of the President. and
says that he has violated the Constitution
af the United States. / remember an in
cident. think in Roman history. where
an African pro-consul was required to
swear that he had not violated the laws of
of Rome. instead of which. with uplifted
hand. he swore that he had sayed the Ro-
man republic. And whatever differences
of opinion may this day exist in reference
to the action of the President, take it for
granted that every intelligent patriot in the
land not only believes. but knows that the
President has saved the republic, By his
energetic and patriotic action since the
4th Of March. I sanction and approve
everything that the President has done
during the recess of Congress. and the peo-
pie sanction and approve it, and there is no
power this side of Heaven that can reverse
that decision Of the American people. |
not only sanction all that they have done.
but l sanction all that they are soon to do.
When your victorious and conquering col
umns shall sweep treason out Of old Vir-
ginia; when they shall make that old
Commonwealth fit residence for the pa
triatic descendants of her revolutionary
fathers. | shall sanction and approve
that. sanction and approve the use of
force now, ut once. immediately; and l
would shake that traitorous Common
wealth as with an earthquake tread Of =
hundred Thousand armed men.
! What is it that the President has done
since the last meeting Of Congress ? First.
he has declared blockade of Southern
ports; and gentlemen tell us that there is no
constitutional authority for that. 1t is the
first duty Of the President to see that the
laws are faithfully executed. We have a
tariff law imposing duties upon foreign
importations That has been disregard
ed by the seeding States; they have as
sunled to pass tariff act different from
ours. The law of Congress cannot be en-
forced by the ordinary course of procedure
under your collections of revenue at the
proper ports established by law There is
no higher power in the Constitution of the
United States delegated TO the President
than the power to take care that the
laws be faithfully executed" These high
and extraordinary powers. although not
perhaps technically granted in the Consti-
tuition, result as an incident to the war
power. which is invoked, under that pro-
vision of the Constitution which author
ICES the President to use force to suppress
insurrection and TO rut down rebellion. ]
sanction. then. the proclamation establish.
ing the blockade.
The next objection is to the declaration
Of martial law. by which the writ Of ha5eas
corpus was suspended. only regret that
when the writ was suspended. the corpus Of
Baltimore treason was not suspended"
too. 1t is necessary to the enforcement Of
the laws and to the preservation of the
Union that this writ of ha6eas corpus
should be suspended; and the Constitution n
Of the United States says. in express
terms. it may be suspended in case Of re-
bellion and lnsurrection. Then tie whole
question comes to this; who is to Judge
I Where is the discretion lodged? Clearly
. witht the President of the United States;
and it can be safely lodged nowhere else
Suppose an insurrection breaks out during
the recess of Congress; the President is
sworn to uphold the law and Consi tuition
he finds armed rebellion; has he no power
to put it down ? May he not use all prop
er power to put down rebellion? +? ap-
prove. then. the suspension Of the writ oi
ha6eas corpus.
! What more does the Hon. Senate,
from Kentucky say ? That Gen. Wash
ington prosecuted the revolutionary war to
. successful termination without ever sus-
pending the writ Of ha6eas corpus. That
is true. He was in contest with for.
eign foe-a foe Recognizing some of the
ususges Of civilized and Christian warfare
Here we are engaged in entirely different
war, where our enemies are in our midst
What would gentlemen do What
would they have the President do ? Sup.
pose my distinguished friend from Ken.
lucky had been elected President. and sew
en- States had seeded and levied war 1por
the United States. and were with an EN-.
I bsttled host threatening to take and cap.
ture the capital; what would have been his
action? Void he have folded his arms? No
He. doubt not, would have made blow tc
defend the Union, and the Constitution o.
the United States. Then what else could hs
have done than President Lincoln has done'
If. as l suppose he does. the distinguished
Senator from Kentucky echoes public
opinion Ia Kentucky. OF intends to echo
public opinion there. have 10 doubt that
that proud Commonwealth would have
sanctioned. and approved. and advised ths
very step the President has taken to vim
dicate the laws and to defend the Consti
tuition of the United States.
But another charge which be made
against this Ad-sinistrstiou---thst private
papers wers seized. suppose the honor.
able and distinguished Senator from Ken
tueky refers to tslegrsphic Dispatches
They were seized. but not quite soon
enough. % think; and still they have
proven Californis placer of treason. II
was right and proper to seize them. II wa
night to seize the dispatches to yindicate The
character Of honorable Senators on this
floor. have read to-day letter placed 10
NV hands IN ,vh:ch a ef.fod tfst = 1;~<;v,.