New-York daily tribune., 1861-07-17

Iudiyidual- are seized without lega Wai'enp ne, a |
pisoned. Tie other day. sinSs no;',tea marshal OF
that civ VIII any uian deiend ue ,;,uting tie |
not override all other law Ia poi Of the lIndf
rule of q military commander ior va ,ar 20 appoint
marsbal for the city Of Baltimore than he nau
roint a ra5tor for of their 60 a,;,n,;on
president Tor one of their banks S,, I.1 wsrrant
guardsthe people aginstan set re- Presidept Of the
Gn;,d Sta es by one broad, sweeping aet lale nan"
upon tne private correspondence Oh i'e "hoio eon
niy Who defends it, as conIornlaole % W e Void
or resolution 10 inquire iDto H. IN the name oi b
nLGe IbertIesla am told that at this moment III the
IN tits city, there individuals who have 1ecn ,aheo
bv military authorizes from Maryland ana o,her o's
aid now lie here and cannot get OUT and III some Ia
stances they have actually been forgotten was ioia
of one instance where man was put 10 lsll mere anu
forgotten His friends made Application at one oi the
Departments, and tbey looked into me case ana ,ooiu
Iothing against hin aud he was discharged. But, IN
the rush of events, the very existence OF ihis
man, aud the caufe of Lis imprisonment, was
forgotten. We may have this, joint resolution
10 approve these acts ana make neui
valid, but we cannot make them vahd IN iac''
know that Congress- in the exercise Of lis legislative
iul coDs may appropriate money, but II has been eA-
Veuded by the President without warrant ol Ia" Du,
whatever unconstitutional act he may have commt'eu
cannot be cured BY 0sAt resolution. Ii stands there,
ana will stand forever. Nor this Congress prevent
succeeding Congress from holding any officer OF te
Government responsible for violation OF Tie ConHi
tuition. enulnerae what regard a. the nsnrlauons
Of the Executive and against which Wish 70 feSoiu
the protest of thoe WHO unwilling to see the Con-
stitution subverted under whatever prtteAt he'esy
or otherwise. Mr. u. then reennmerated the seSelai
acts in the resolution, to which he had reieIen;
III ese great fundamental nights, Sir the tancuy oi
which Is the Of progress and CIVILIZATION, hnre
been ramped under foot by tie military ana are oe-
ing now led under foot every cay III the presence
of the two Houses of Congress- and yet so great ON
A I'D - fha ASST. a y
ing the STUPID umaLement Of tie other, ta' we
take 1t as natural, as night, ara as OF courss.
We are rurhiug, Sir and with rapid st'ldes, from
constitutional government into mlh'aIy deslo,lshi'
Tie Constitution say the freedom OF 80 ech aud oil TIE
press sal not lie abridged, yet three days ago, III the
CITY of st. Louis military officer with four hundred
soldiers-that was his warfnnt-went INTO heWslae
office IN that city, removed the types and declared
that the paper should be longer pubed and gave,
among other reasons, that II was fabrlcang reports
Injurious 10 the United States soldiers IN Missouri If
there Senator here citizen Of this land, who VIII
say that the slightest color of authority exists on the
part of military officer for deprivlng ciIzeh oil NO.
erty property without warrant oi law or 20 sup
press the freedom of the press And we are t9id ny
the same dirpaeh that the pToprictoB OF ths
paper submitted and intended 10 make an appeal.
10 whom To the judicial authorities J. NO, Sir
BIT TO Mai Gen. Fremont, when lie shoa'd reacn o''
Louis. TIE civil authorities OF The country arr para,
lived and practical martial law is being esia6isi Ell
ali over the land. Tie like never hsPI ~ THIS
cuuutry before aud it would not lie tolerated In auy
country in Europe Will pretends TO the mis- Of
civilization aud liberty. George WASHINGTON carried
IL Thirteen Colo lee through the war OF the Revolu-
ton without maTial-law. The President OF tue
United States could conduct the Government three
months without resoring 0i. ! resume every Sen
ator has read the opinion Of the CbifJusce TO which
have referred. shall content myself with reading
lew extracts TO present my options on lie subject.
IMr. h. read from the closing part OF Juoge iHneyr
opinon Thus the Prerident las ASSUME tie legi-la-
tive and ndal powers and concentrated IN hs hands
A.. md
In every age has been the very evidence o despollsn
and lie exereiees them to-day, while we ti III The
Snate elsn ber and the other branch OF the Legi--
Itale at the other end of the CaIitol Mr.
President what is The excuse-wha Is the Jusilhea-
tioo necessity answer, lint, there was no neces
sity. Was it Necessary to preserve the Visible EN-
bleAs oil Federal authority here that the Southern
coast should have been bloekaoed1 Did not the same
necessity exist when Congress- at the last session, re-
fpte0 TO pass the Force bil Was necessary to the
existence Of the Union, TIL Congress fbould meet that
powers not conferred by the Constitution should be
assumed2 Was ere q necessity for overrunLine the
Sate of Missouri Was there necessity for raining
the largest army ever assembled on tie American
tineut and for collecting the largest Feet ever col
Iected in All American hArborl Congress may deem
was ;sary in contemplation Of protrae'ed sting
gle for the preservation Of the Constitution nnd tie
Union Whist mean 20 say is, that there wa none |
Of that overriding necessity for pesent preservation
which may apply 10 usupstions of the Constitution.
In the case Of the man in Maryland who was
confined 30 long in Fort McHeBry, was tlere any
necessity Of cobfniDg him instead Of turning
him over TO the civil authorities The
chef charge was, that weeks before he had been
copcerped in enable 8s Was not The Judicial au-
tbority there to take charge Of him. and Ii eoEviaed
20 punish him II there was necessity IN The present
state of affairs and Congress III session here then
yVbs, long recf ssiy We have before u7 ara jmpcnd
iug over us Let Congress approve and ratify these
acts and ere may occur necestity which VIII Just'-
{, the Predent Ia tnpersedng the law IN every State
in this Union, and heie will not be yestge o. tiyll
"a
authority left to rise against this usupotlon OF military
mower But deny tLis doctrine Of necessity. deny
that the PresdoIt of the Uuised States may violate
the Cd tuition upon tue ground Of necessity. The
doctrine is utterly eubyersve OF the Constitution 1t
substitutes the viii Of man for written consitn-
ton The Government Of the United States, Which
draws its life from the Conitution does not rest upon
an implied consent. 1t rests upon Gn express and wit
ten consent, and the Government may exercise such
powers and such only given IN this written form
OF government TIE people OF there States conferred
on this agent Of theirs Just such powers they
deemed necessary. All Others retained.
The Constitution was made for all conIingencles-
for peace and for war and they conferred all the power
they deemed necessary, and more cannot be assumed.
II the powers be not sufficient, still none Others we're
granted and none others can be exercised Will this
be denied Is the idea TO be advanced that all Const-
tutional questions TO be made subordinate entirely
10 the opinions and ideas that may pFeEpl al The hour
with reference TO political ubityl II has been held
heretofore and thought IL wasaxionaic and re eived
BY the world that the terms OF the Constitution OF the
United States the measure OF power On the one
side and of obedience the other. Let us take
how we establish principle that under any presumed
stress Of crcuntantes powers not granted may be as
sumed Take care aud do cot furnish an argument TO
the world aud history tlat it shall not respect that
thoty which no longer respects its own limitations
These few Of the reasons that will control my
vote against this resolution hope it will be voted
upon, ard If it should receive majority, as fear ii
wil, will be iuvtgtiOn to tie President Of the
United States in the absence Of all legislation do the
like acts whenever in his opinion it may be- necessary
Whist will be the effect Of il la Kentucky and Mis-