New-York daily tribune., 1861-07-17
XXXVIITm CONGRESS.
sFNATE. ..wAsnScroS, July l6, 1861:
EXTRA SESSION.


Mr.PONEROY introduced bill for the supp e'''O"
Of the slaveho olders rebellion, I'll. xoro
AIR HARRIS Rep. n. W presented petitlon Irv'n I
M o. Roberto of New-l ork, asking pa! Ssrnmept
s, amship Star of the Wet lot IN me 1oSelM NJ
service, and introdu ell hll Tor tne IS;.s ISiS' -
Rbers Referred the Committee on elsn' EN- - rea.
MI TRUMBULL (Rep., H. reported oilr nia,,;c,s ~
ti'n TO District Attorneys IN Inc s''''"'
Mr. McDOUGALL offered resolution 10 regsro S anS "a
Che Pacific Railroad being made military rSau,
moved that the subject DO reieireu W o'''''
AR. LATHAM DEM. Cell sid he had PreI,;srut l.,ar TO
hill on the subject which he would to-inOFrow d m
40 10 the Committee Tie m".lOn non re" ConrJee on
Mr. HALE tRep., N. ii from me ,ha Ir;Jows
Naval AGirs reported bin for the IT ti'ei OF no snt
aud orphans of those lost on board OIL 'ue
Passed. ,m Cor an Assistant
Secretary Of ihe Navy, and till for me oes'0i
h.tiou Of the Marine corPs BoIo isI taksn SoT m.
me NSHs GpiHS 1Psn' Iowa offered an amend
" ~n IA a,so,sd article shall be used on board
T;sS Sat-, vesel or in the Nsvy'l alds, until suD-
s.itted 10 the proper Board, duly recommended. %
This am, ndnent was subsequently Wlhura"n.
Mr. THOMSON (Dem., N. J.l offered an amend
sDent making appropriation 10 niASn S'''
bOnb-IFOof battery. -. .ho honr
of the special order arrived and the resolution ap
proyinQ of the acts of the President was taken up
Mr.. SUMNER introduoe,i bills for the confscation
Of property in the rebel States
Mr.. RRECkINklDGE tDen., hI'I PloVeoNN,
sneak az length in opposition to the resolution. ne
e,id under ordinary circumstances he might eonteh'
hhnsef simply with vote, but now nc tlouens ~ .e
saired to give expression to his views W. was ppeO
pos.d hy resolution to declare the acts OF the fies
tdept anproye0 TIE resolution Oh lis lace seems 10
ia admit that the acts of the President were no. per
formed In accor dance with the Constitution ana Mws
II tlai were the case then he would be g1 10 ha'e
soue reason assigned showing the power OF congress
A indemnify the President for b. each oil he Consu
spiOn He denied that one branch OF Tue doVeThuen'
90, Indemnity public officers IN another bfanch iVr
a; la,,on of the Constitution and laws The powers
son onierred ON the Government by the people OF the
States are the measure of is authority Ihese powes
I'D Sss are deteruined The President has rights
sUd rowers conferred and the Legislative depart
,oept its powers and the Judicial Departure ls pow
ers and he denied that either can enofoden on % .e
etbeT or indemnify the other for usnrpaiions OF lhs
n,wer coufided by the Constitution Congfess nes ~
more ri sht TO make constitutional me uheonsuIoj J
acls of the President than the President 10 make Nau
the act of the Supreme Court encroachhe on tns En-
eentiye mower or the Supreme Court TO make valI III
act Of the Executive, encroaching on the Judl,lal
rover The resolution substantially declares 'hat
Congress may add to the Consti uon or take Lsom
IN manner not provided by that instrument that ner
hare majority eau by resolution make that eonsutu-
tiona which is unconstitutional by the same snthoy'
go in whatever view, the power granted Gy ,niS
l,tjon Ia utterly subvsTsive Of the Consuta1oh' ~
,igh he well TO ak if the President had assumed
peSer not conferred. He should conhne hlmseh 10
lie acts enumerated in the resolution acts wnSn nc
,,ve. and 30 far from approving the acts, he thoug
Ais high officer should be rebuked by ootn houses OF
on0r,ss Tie President has just established
Where Ia the clause IN the Constitution wNlCh aator-
s ~ The lasI Congress refused TO confer authority,
and by what authority did the Preslcent 90 IL aler
they refusedi The Constitution deelaTes that Con-
gress alone Lave power 10 declare war yts thS rissi
dsst has made war. In the last session the Senator
from Illinois Douglas delivered speech on inc ION
ef March, witch be would read He then Iead an ex'
trsct of Mr.. Douglas speech declaring that the Prel-
EaAQ QQfA An NIL TlrQn
or Charleston more than at Chicago. lie slso rtsd
from a speech of Daniel Webster delivered in le3!,
declaring that Gen. jackson Lad no night to blockade
Charleston. He said he appro ged the se9lneois u.
tered by these eminent aesmen who were forneiyre
rarded as sound and thought the time had again c1me
when would not be thought treason TO ant in ther'
TIE resolution proceeds 10 spprove the act Of the
President, enlisng men for three ana hve year,. ny
what Authority Of the Constitution and law has he
done this The power is not in the Constitution, Dor
granted by law. Therefore it must be Illegal aud I'M
constitutional AsaiD the President by bis own VIII
has added immensely TO the Army whereas the Con
stit ution says Congress alone lave power to raise
armies He has also added TO the Navy, against
the warrant Of the Constitution. These acts
are not defended on constitutional legal
0rou1Sss. and be pronounced them usurpaons.
F IA resolution goes on TO reite tbst the President
has euspepded the wit of habeas corpus, and proposes
20 rnrfv and make that valid We have a great deal
Of ,alk abont rQhts-he rights Of States, the rshts OF
ndividnas and Of them have been sid to be 81 n
dowy and imaginary, but the rlgnt OF every ehEen 10
IaA arr
have his body brought before judicial authority, In
order tha the grounds Of that arrest may be determined
o IA real right There eau be depute about that
Is the right Of rights TO all, high, low, neh poor
Ii is especially the right OF that class which his Excel
lsncy the President calls plain people. Ii is Alright the
respect for which s measure OF progress and uyllza-
ton 1t Il ight that has been struggled for oughttor
guarded by laws aud backed up iu COnsti utions 10
have maintained il by arms TO have suffered for then
70 have il established foundations oimmutable that
the authority Of the sovereign could not shake 1t, is
the chief glory of the British people, from whom
oeye it, IL England the legislative power alone can
euspend il. The monarch OF England cannot sns-
pend that right. But the Transatlantic fee
nen seem 10 be eager to approve aud rat ~ ats
with q European monarch dare not perform. 1t
needs legal argument to show that the President
cannot suspend the writ Of habeas corpus l content
myself with referring TO the fact, that lie cllssed
among the legislative powers by the Constitution
And that article eonterIng powers Oh the President
touches not he question. may add that upon
ezasion has IL ever been asserted In Congress-
90 far as / reeollect, that this power exists
on the part Of the Executive. On one oc-
easion Mr.. Jefferson thought the time had ar
y1ved when the writ might be suspended, but be did
MT undertake TO do it bimeel and did not even rec
pusInend it, He submitted il TO Congress- and in the
long debates which foiowed there was not the least
intiation tht power belonged TO the Executive.
then point the Constitution aud ask Senators from
what clause they dednee the night, by eny fair con-
struction Of the instruments ITSELF what part confers
the power on the President? Surely not that clause
which enoips him TO take care OF the Constitution and
the lave, aid faithfully TO execute them. The most
eminent Of the Constitution declare 10
be q legislative right. The opinion OF the present
Chief Justice, which has never teen answered. makes
all further argument idle and supertuous; and Of
the worst signs OF the tunes is the manner
Ia which that opinion has been received.
subordinate military officer 10 Baltimore arrests pr
yate citizen and confines him in fortress His friends
oct wit OF babeas corpus, but IL cannot lie executed
Ius ham il