Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-07-21

rors.
But whatever may have heen the causes or the
motives CT the act, It is certain that there was
change in the policy which the Administration meant
to adopt which at least they led the country to
believe they meant to pursue. / will not venture
now to assert, what may yet some day be made to
appear, that the subsequent acts of the Admins
ration and its enormous and persistent infraetions
of the Constitution, its high-handed usurpatons of
power, formed any part Of a deliberate conspiracy
TO overthrow the present form of Federal Republic
can Government, and to establish a strong consoli
dated Government instead. No, sir, whatever their
purposes now, rather think that in the beginning
they rushed heedlessly and hcadlOng into the gulf
believing that, as the seat of was far distant
and difficult of access the display of vigor in rein
forcing Forts Sumter and Pickens and IN calling cut
seventy i've thousand militia upon the firing of the
first gun, and above all, in that exceedingly happy
and original coneeit of commanding the insurgent
States to "disperse IN twenty days." would not,
the one hand, precipitate crisis while upon the
other, it would satisfy its violent and
thus revive and restore the falling fortunes Of the
Republican party.
l can hardly conceive sir, that the President ard
his advisers could be guilty of the exceeding folly of
expecting to carry on general civil war by mere
posse eonitats of three months militia. II may be,
indeed, that with wicked and most desperate cum
ming the President meant all this as mere entering
wedge to that which was to rive the oak asunder;
or possibly test, to learn the public sentiment
OF the North and West. But however that may be,
the rapid secession and movements of Virginia
North Carolina, Arkansas and Tennessee, taking
with them, as have said elsewhere. four millions
and half of people. immense wealth, inexhaustibe
resources, FIVE hundred thousand fighting men, and
The grGUes Of Washington and Jackson and bringing
up too in single day the frontier from the Gulf
TO the Ohio and the Potomac, together with the
abandonnen t by the SIDE and the occupation by
the other, of Harper's Ferry and Norfolk Navy
Yard; and the sudden gust and whirlwind of pas
sion IN the North, compelled either a sudden wax
ing up Of the President and his advisers to the
fTightful signifcancy of the act which they had
committed in heedessly breaking the vase which
imprisoned the slumbering demon of civil war. or
else premature but most rapid development of the
daring plot to foster and promote secession, and
then to set up new and strong form of govern
ment in the States which might remain in the
Union.
Butwhatever may have been the purpose / as
sert here to-day Representative, that every
principal act of the Administration since, has been
a garing usurpation of power and paIpabe and
dangerous violation of that very Constitution which
this civil is prOfessedly waged to support. Sir
l pass by the proclamation of the 18th of April,
summOning the militia-nOt to defend this capital
there is not word about the capital in the procla
nation, and there then no possible danger to it
from any quarter; but to retake and occupy forts
and property thousand miles off-summOniRg, |
say, the militia to suppress the sO-caed insurrec
ton. do not believe. indeed, no man believed in
February last, when Mr.. Stanton, of Ohio, intro
duced mis- bill to enlarge the act of 1885, that that
act ever contemplated the case of general reyolu
tion and of resistance by organized Government.
But no matter. The militia thus called out with
shadow at least, of authority, and for period ex
tending one month after the assembling of Congress-
were amply sufficient to protect the capital against
any force which was then likely TO be sent against
it-and the event has proved it-and ample enough
also to suppress the outbreak in Maryland. Every
other principal act of the Administration might
very well have been postponed ard ought to
have been postponed until the meeting
of Congress-; or, if the exigencies of the occasion
demanded it, Congress should forthwith have been
assembled. What if two or three States should not
have been represented although even this need not
have happened; but better this, thousand times,
than that the Constitution should be repeatedly and
fsgrantly violated, and public liberty and private
right tram pied under foot. As for Harpers Ferry
and the Norfolk Navy Yard, they rather needed
protection against the Administration, by whose
orders millions of property were wantonly de-
strOyed, which not in the slightest danger from
any quarter at the date Of the proclamation.
But sir, Congress was not assembled at once,
Congress should have been. and the great question
of civil submitted to their deliberations. The
representatives of the States and of the people
not allowed the slightest voice in this the most mo-
mentous question ever presented to any Govern
ment. The entire responsibility Of the whole work
was boldly assumed by the Executive, and all the
powers required for the purposes in hand were
boldly usurped from either the States the people
or from the legislative department; while the voice
of the judiciary that last refuge and hope of liberty
was turned away from with contempt
Sir the right of blockade-and begin with it's
belligerent right incident to state of war, and it
cannot be exercised until war has been declared
recognized, and Congress alone can declare or re-
cognize war. But Congress has not declared or
cognized wsr On the contrary, it had but 4 little
while before expressly refused to declare it, or to
arm the President with the power to make It And
thus the President, IN declaring blockade Of GER
tain ports IN the States Of the South and in applying
to 1t the rules governing blOckades as between In
dependent Powers, violated the Constitution.
But it, on the other hand, he meant to deal with
these States as still in the Union, and subject to
Federal authority, then he Usurped power which
belongs to Congress slone-the power 20 abolish
and close up ports Of entry; power, too, which
Congress had also refused few weeks before TO
exercise. And yet, without the repeal abolition
of ports of entry any attempt by either Congress
or the President to blockade these ports is viola
ton of the spirit if not of the letter. of that clause
of the Constitution which declares that mo pre-
ference shall be given by any regulation of com
merce or revenue to the ports of one State over
those of another"
Sir upon this point do not speak without the
highest authority. In the very midst of the South
Carolina notification controversy, it suggested
that IN the recess of Congress, and without law
to govern him, the President, Andrew Jackson,
meant to send down a fleet to Charleston
and blockade the port. But the bare suggestion
called forth the indignant protest of Daniel Web ter
brightest laurels won in the three years con-
fiict in the Senate Chamber with its abest cham
pions. In address, in October, 1882, at WOrces-
ter Massachusetts, before National Republican
Conventional before the birth, or christening
at least, of the Wing party-the great expOunder
of the Constitution said:
ave are told, sir that the President will immedi-
atey employ the military force, and at once blockade
Charleston. A military remedy, remedy By direct
bellgent operation, has thus been suggested, and
nothing else has been suggested, as the intended
means of preserving the Union. Sir, there is no
little reason to think that this suggestion is true.
We cannot be altogether unmndful of the past, and
therefore we cannot be altogether comprehensive
of the future. For one, sir, l raise my voice be-
forehand against the unauthorized employment Of
military power, and against supersedng the author
ity of the laws, by an armed force under pretense
of putting down notification. The President has ne
authority to blockade Charleston"
jackson Jackson, sir! the great Jackson! did not
dare to do it without authority of Congress; but our
Jackson of to>day, the little Jackson at the other
end of the avenue, and the mimic JscksOns around
bim do blockade, not only Charleston harbOr but
the whole Southern coast, three thousand miles in
extent, by single stroke of the pen.
The President has no authority to employ militia
ry force till he shall be duly required
Mark the word;
required so to do by law and the civil authorities.
His duty is to cause the laws TO be executed. His
duty is to support the civil authority"
As in the Merryman case, fOrsoOth; but shall
reour to that hereafter:
His duty is if the laws be resisted, to employ
the military force of the country, if necessary, for
their support and xecution; bat to do all his IN
conJ1cs o,r;B lam 1,1 ritb decisions of The tri5