The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-07-17
PROCEEDINGS OF CONGRESS.
TIIIRTY-SEVENT CONGRESS.
EXTRA SESSION.
Senate.

Senate.
WASHINGTON, July 10, 1851.
PRorW5o ABOLITION OF SLAVERY.
Mr. SUMNER, (rcp) Of Mass, presented petition for
the abolition of slavery in the Southern States remuuer
atng such owners Of slaves may be impoverished by
doing so from the treasury of the United States.
SUPPRESSION TIE REBEiIioN
Mr. PoNRoy, (rcp) Of Kansas introduced bill for The
suppression Of the Shareholders rebellion.
INDEMNITY STEAMSHIP STAR OF THE WEST
Mr.. HARRIS, ,cep.) of N. Y, presented a petition
from o. Roberts, Of New York. asking paymen. for the
steamship Star Of the West lost in the government ser
vice. and introduced bill for the relief Of Mr. Roberts
Referred TO the Committee on Claims
ATTORNEYS.
- 1RuMRu'A, (rep Of ILL.,, reported bill in relation
UNk.rici attornes in the several districts Passed
THE PACIFIC RAILROAD.
regard to the Pacific Railroad being made military road
and moved that the subject be referred to select
mittcc of five.
Mr.. LATHAM, (opp) of Call said he had prepared bill
on the subject which he would tomorrow Offer to 20 to
the same committee The motion was agreed TO.
TIE s.)oP IhyASr
Mr. HME, (rep) Of n. H.. from the Committee on Ma
val Affairs, repo ted bill for the relief of the widows
and orphans of those lost on beard OF the Lcvan Passed
The NAVY Ahp MARINE CORPS.
Mr. HALE also reported bill Assistant Secretary
Of the Navy and bill Cor the better organization Of the
Marine Corps. Both laid over.
TIE NAVAL APPROPRIATIONS BILL.
The Naval Appropriation biz vas taken up
hr GRIMES (rcp) Of Iowa, offered an amendment that
patented article shall b. used board United States
vessel or in the navy yards until submitted the proper
beard and daily rccomnl nled
THIS amendment was subsequently withdrawn
Mr. THOMPSON, opp Of N j., oNared amendment
making IN appropriation to finish Stevens bomb proof
battery.
Nj SUMNER introduced bills for the confscation Of pro
perry in tn. rebel States
APPROVAL OF The AcIs or THE INSTANTANEOUS OF
B.EoKINIDGE.
ixf
special order arrived and the resolution approving of the
acts cf the President was taken up.
n, n',o"' WIZ W poo,,"eu W si,1k ~
binary circumstances he might content himself simply
with vote; but he thought it required to give OK
press to his views. 1t was proposed by resolution to
dcci the acts Of the President approved The rcsolu
ton its face, seems TO INIT that the acts Of the Pres
dent performed In accordance with the consti.u
ton al the laws If that the cesc, then no would
be glad TO have some assigned showing the
powef OF Congress to indemnify the President
for breach of the constitution. He denied that one
baica % hc g1vernm mt can indemnify pubic officers in
auot banc for violation If the constitution and laws
The powers conferred on the government by the people Of
the states are the measure Of It's authority These pow
ers are coniiicd in different departments and their
boaadai are determined The President has rights and
powe conferred, and the Legislative Bcpar.-
meg its powers and the Judicial Department its powers
and Il .ied that either cncroach the other
Indemnity the other for nsurpatons of tho power conf
dod by tho constitution. Congress has no more
right % make constitutional tho unconstitnioli-
al acts Of The President than the President
l..
encrrachng the executive power, or the Su-
prem Court to make valid act Of the executive ell
croacag on t. judicial power The resolution substan
tally declares that Congress may add 10 tie constitution
take from it in provided by that instru
mont that bare majority car by resolution make that
cons; ;uti)nal which is unconstitutional by the same
authority; so IN whatever view the power granted
by tbs resolution is utterly subversve Of the copsttu
ton 1t Ia ght be well to ask If the President had as
sumsi power conferred He should coniine himself
t, the acts enumerated in the resolution acts which he
declare' 10 be rsurpaons on the part Of the Execu-
tive; anh 50 far from approving the acts he thought
this aigh officer should he rebuked by both houses
cf Congress The President has just cstahscd block AIDES
Wt. is Ia clause ia the Constitution which authorizes
in The last Congress refused TO confer authority and by
wha authority did the President do when they rcusedy
The Constitution declares that Congress alone have power
to d. care war, yet tho President has made war
In the last session, the Senator from Illinois
(DoueiaS) delivered speech, on the 10Th Of
;Iarch, which he would read He then read an extract
Of Nj tiga speech, declaring that the President had
no right TO make blockade al New Orleans Charleston
than At Chicago.
vered in 1882 declaring that General Jackson had
right to blockade Charleston He said he ap-
proved these sentiments utere! by these emit
rent statesmen, who formc. iy regarded
rs sound and thought the time would again come when
it woi not BE- thought treason to maintain them The
resolution proceeds to approve the act of the President
cnlsting for three and five years. BY what author
~ of the constitution and law has he done this2 The
power IS not in the constitution nor granted by law
Therefore 1t must be Illegal and UNCONSTITUTIONAL again
the President by his Will has added immensely 10 the
army whereas the constitution says Congress alone have
inc power raise armies. he mas also added to the
navy against the warrant Of the constitution. These
acts arc not defended constitutional or legal
grounds, and he pronounced them nsnrpatons.
This resolution goes to recto that the President has
suspended the writ Of habcas corpus, and proposes to
rafy and make that valid We have great deal of talk
about rghs-:he rights Of States the rights of ndjydu
ais, and some Of them have been said be sladowy
and imaginary, but the right OF every citizen TO be
arrested only by warrant of law, and his right to
have his body brought before q judicial authority in
order that tho grounds OF that may determined
en-, Is real right. There be dispute about that
IT, Is the right OF rights to a.hish low rich or poor
cy the President calls plain people 1t is right, the
spec for which is measure of progress and civilization
1t is RICH, that has been struggled for fought
guarded by laws, ond backed up in constitutions. To
have maintained by arms, to have suffered for it, then
TO have it established foundations 30 mmuabe that
the authority Of the sovereign could not shake IT, s
the chief glory OF the British people, from whom we
derive it, In England the Legislative power alone
pend that right. But the transatlantic free.
men seem to be eager to approve and ratfy acts
legal argument TO show that the President cannot suspend
the writ OF habcas corpus. myself referring
TO the fact that is cassed among the legislative powers
by the Constitution And that article rrng powers
the President touches the question may add that
upon occasion has been asserted in Congress-
far as recolect that this power tho part the
Executive On occasion Mr. Jefferson thought tho time
had arrived when the writ might be suspended but he
did not undertake. 70 do it himself and did not
recommend It, He submtt0d il To Congress- and in the
long debates which followed there the least init
nation that tho power belly to the Executive then
PoiH' W CunsbltutpH ana ask senators from wlla
clause they deduce the ght by any fair construction Of
the instrument Itself W a part conicrs the power the
presmens surely not that clause which cnjons him tc
take care Oh the cons tution and the laws and faithfully
10 execute Them II most eminent commentators Of the
constitution leclar, II to be a legislative right Tho
OPINION Oh .hs pr ssent Chief Justice, which has
oeen ahswcrcu axes all further argument idle and
perhuos ana Of the signs of the times tho
manner W Itch that opinion has been received
suoosns military officer in Baltimore arrests pri
va'e e'xen and confines him in fortress His friends
M habeas corpus, but it cannot be executed
me Sn@ Justice then gives opinion, which is com
onaee' not only by the profession of which he Is
savS. an ornament, but by all thoughtful in thu
oonS ~. The newspapers OF the country and the
gMs' ed by violent passions have denounced the Chic
9W tice, but have not answered his opinion. There
ands, one of those productions which will add to hi
renown. The abuse Of the press, and the refusal 4
respect just authority, and the attempt make tina
high judicial officer odious will yet recol thes
men. ! honor him for the courage with which h
did his duty as well for the calm and temperate
ner IN which he performed it, am glad he yet remain
among u.s. man so remarkable for his honored length
years and his eminent public services, and for tn
rectltude Of his private life, that he may b.
] justly ranked among the most iustFious Amerl
cans Of our day You propose TO make this act Of th