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

houses OF congress-; anu ycL ~ SlSdl VI
one side is the passion Of the hour, and 80
astonishing the stupid amazement OF the 9th
er, that we take it as natural as right, and as
Of course. We are rushing, sir, and with ra-
pd strides, from constitutional government /
into a military despotism.
The Constitution says, the freedom OF
speech and Of the press shall not be abridged,
yet, three days ago, in the city OF St. Louis,
a military officer, with four hundred soldiers
that was his warrant-weDt into news
paper office in that city, removed tie type,
and declared that the paper should be no lon
ger published, and gave among other reasons,
that it was fabrlcatng reports injurious to
the U0ted States soldiers in Missouri. Is
there Senator here, a citizen Of this land,
who will say that the slightest color oi au
thority exists on the part OF military officer
for depriving a citizen Of liberty or property
without warrant Of law, or to suppress the
freedom of the press. Aud we are told by
the same dispatch that the propretors OF The
paper submitted, and intended TO make an
appeal. 10 whoms To the judicial authnr-
iiies? No, sir. But to Majo General Ere.
mont when he should reach st. Louis.
The civil authorities OF the country are
paralysed, and practical martial law IS being
established all over the land. The Ike new
er happened in this country before; it would
not be tolerated ia any country in Europe
which pretends 10 the elements Of clylllza.
tiUn aud liberty. George Washington car.
red the Thirteen Colonies through the war
Of tie reyolution without martial law. The
President Of the United States could mt
conduct the Government three mouth with
out resorting TO il. | presume eSery Stna.
tor has read the opinion Of the Chet justice
to which | have referred. | shall content
myself with reading few extracts, t. pre-
sent my opinion on the subject. Mr. RrecS.
lnridge read from the closing part ot Judge
Tany's opniOn.)
Thus the President has assumed the legis.
: latiye and judicial powers, and concentrated
in his hands the executive, legislative and
judicial powers, which in every aye has been
the very evidence Of despotism; an he ex.
ercises them to-day, while we SIT 10 the Sen
. ate chamber, and the other branch of tbs
T Legislature at the other end Of the Capitol
Mr.. President, what is the excuse-what il
the Justification: Necessity. ! answer
d first. there was 10 necessity. Was 1t neces
sary to preserve the visible embIems OF Fed
eral authority here that the Southern coas
should have been blockaded! Did not tn
same necessity exist when Congress at th
last session, refused TO pass the Force bill
2 Was il necessary to the existence ot the Tn
ion. till Congress should meet, that pnwrr
not conferred by the Constitution should b
: assumed!
Was there necessity for Oyerrunn'ng th'
4 State of Missouri: Was there nece,s.t.
E for raising the largest army ever assemble
; on the American continent. and Tor cnllecl
ing the largest feet ever collected IN an !
/. merican harOor: Congress may deem ]
r was necessary in contemplation q a prOtraet
; ed struggle for the preservation Of the Con-
e stitutiou and the Union. What mean
a saw Is. that there was none ul that asefrul
n ning necessity Tor present presers alton mlhe
! may apply - usurpitions oi the Cnhslfta
il iiun. La the case ~ The man In Mlftim
who was confined - long il Fort n litnri
i was there any necessity u coniinng lin II
7 stead d Iuming him over to the civil auhati
c ties:
4 The chief charge was, that weeks bglpr'
j. Ne had been concerned ~ tryasnnalie aet
re Was not the judicial authority tlefe II IL
y charge pf him, aud il convicted, T. pun,
% him: II there was necessity ii the pri
/ set state Of sifaIrs, and Congress II ses,ia
j: here, then what long necessity We IA.
81 before Us and impending overus. Let TN
Al gress approve aud raIiy these acts, ~
T. there may occur a necessity which will la'
ID ,Ily the President in superseding the Law ]
e every State in this Union, aud there vi
il not be vestige Of civil authnrliy lrll tofl.
against this usUrpation Of military pn"e
But deny this doctrine ol necessity, d.
in nv that the President of tue United State
ID NAV violate the Constitution upon The groau
v. Ol necessity.
n The doctrine is utterly subversi,e Of 4
ID Constitution. II substitutes the will Of al
Of man for written constitution. Tie Gu
,e ernment Of the United States, which draw
le its life from the Constitution. does not re
re upon an implied consent. IL rests upon q
N express and written consent. aud the Gai
d ernment may exercise such powers aud sar
u, only as are given 10 this written form
Of government. The people OF these sIai'
ID conferred on this agent oi theirs just sue
{. powers as they deemed necessary. All ota
to ers were retained. The Constitution 81
II made for all C6ntingencies--iOr peace. an
for war; and they conferred all the poae
oi they deemed necessary. and more cannot ,
te assumed. II the powers be not sulie'fh
70 still none others we're granted, aud non
/. Others eau Dc exercised. Will this be Dc
B. MED:
b. Il lhr idea N Be advanced that all consti
lr tutional questions are 70 BE- made snbnrtli
b. nate entirely ii tile opinions and ideas TIA
D. may prevail. AZ the hour, with reference |
J. politicalumtyi Il has been held heretoiur,
ie and Thought Il aas axlomatlc and receive
i BY the world. th,t the terms q the Cunstltp
se ton II ,hc United States we're the measuF
n u mover IN the one side, and oi ObrdieHe
4. a. tbe other. Let us take care how We {.
tabli.h principle that, under any presum
-. - st.,.a N ,,irFums mstanrps nnVerS n0f Uranl