Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-08-01
Speech Of the Hon. John c Br. cklnridge.
Deipered IN the United States Senate on The I6th Day

OHHeu otuteS ceftute on une Ieth Day
July, 1861.
Mr. Breckenridge (Dem.. Ky.) proceeded speak at
engh in opposition to the resolution He said under ordi
but he thought it required to give expression to bis
views 1t proposed by resolution to declare the acts
of the President approved The resolution its ace
admit that the Of the President per-
formed in accordance With the Constitution and the
If that the CASE then he would be glad
assigned showing the power of Congress to ndem
nifg the President for breach of the Constitution. he
public officers in another branch violation the Con-
stitution and laws The powers conferred the Govern
by the people of the States are the measure of
authority These powers conded in different depart
ments, and their boundaries determined The Presi
dent has rights and powers conferred the Legislative
Department it's powers and the Judicial DepartI ent its
and he denied that either encrOah the 9TH
er or indemnify the other for usurpations of the
cOlfded by the Constitution.
Congress has no more right constitutional
make valid the Supreme Court encroachng the
Executive power the Supreme Court to make valid
act of the Executive encroaching on the judicial power
Tie resolution substantially declares that Congress may add
to the Consfitu take from in not provi
ded by that instruments that her bare majority BIZ
CLINTON make that constitutional which unconstitutional
by the authority So, in whatever view the power
granted by this resolution utterly subverye of the Con
stituon Ii might be well to ask if the President had
sumed power conferred He should confne himself
the acts enumerated in the resolution which he de-
to be inspirations the part of the Executive and
far from proving the acts he though this high officer
should be rebuked by both houses OF Congress.
The President has just established blockades Where Is
the clause in the Constitution which authorizes The last
Congress refused to confer authority and by what auhor
|
tuition declares that Congress alone have declare
the President has made In the last session
the Senator from Illinois Dougas) delivered speech, on
the 18th of March, which he would read
extract Of Mr. Douglas speech declaring that the Presi
Charleston, than at Chicago. He also read from
speech of Daniel ebste delivered 1882 d. carg that
Gen Jackson had no right to blockade Chareston he
said be approved the sentiments by these eminent
statesmen who were formerly regarded sound and
Tho ught the time had again when it would not be
thought reason to maintain them.
TIE resolution to We the act OF the esl-
dent enistng men tor three and five years BY what au-
thony Of the Constitution and law has ne done this The
power is not III the Constitution, granted by law
Therefore, it be illegal and uncontt tions Again,
the President ny his own Will has adGed immensely TO the
army: whereas the Constitution says Cong1 alone have
power armies. He has also added the navy,
against the warrant OF the Contution these acts are
defended constitutional lega grounds and he pro-
uounced them usupations. This resolution goes
cite that the President has suspended the writ OF h0beas
COZ puS. and proposes to ratfy and make that valid
We have great deal OF talk about rghsthe rights Of
States the rights Individuals them have
said he shadowy aid imaginary; hut the right of every
citizen to be arrested only by warrant OF law, and his
order that the grounds of that may be determined
on real right There be dispute about that 1t
is the right of rights al-hgb low rich poor. It i.
especially the right of that class which bis Exdeency The
President calls plain people 1t is right, the respect OF
Which Of progress and civilization It is right
ard backed up in constitutions.
To have maintained it by arms have suffered for it,
then to have it established foundations mmuabe that
the authority of the sovereign could not shake it, the
CHIEF GO OF the British people from whom derive it
In Eng land the legislative power alone suspend it
The monarch of England cannot suspend that right But
the Transatlantic freemen to be eager to approve
and ratiy acts which European monarch dare not per-
form. 1t needs legal argument to show that the Pres
dent suspend the writ of habedS corpus contel
myself with referring to the that Cldssed
the leg satlVe powers by the Constitution And that ar
Gle comforting powers the President touches the
question:
nay add that upon occasion has been asserted
in Congress SO far as recolec that this exists
the part OF the Executive. On occasion Mr. Jefferson
thought time had arrived when the writ might
pended but he did undertake to do himself and did
even recommend it, He submitted to Congress- and il
the long debates which followed there the least i'll
tmaon that the power belonged to the Executive. then
point to the Constitution and ask Sena ors from what cau
they deduce the right by fair construction of The nstru
ITSELF what part confers tn power the President
Surely not that clause which enjoDs him to take of the
Constitution and the Laws and faithfully them
The most eminent commentator of the Constitution declare
1t TO be legislative right.
The opinion of the present Chief Justice which has
been answered. makes all further argument Idle and
uous and of the worst signs Of the times is the
ner i'll hch that opinion has Teen received subold i
dDae military TiCer Baltimore private
and confines him in fortress. His friends get writ O
ha6e0S corpus but caunot be executed The Chief Jus
tice then gives opinion which is Commended, ONLY
by the profession Of which he great ornament bu
by all thoughtful men 10 the County The newspapers
the county, and the excited by violent passions hav
denounced The Chief Ju tce but have answered BIZ
opinion There stands of those productions which
!, will add to his
The abuse of the press and refusal respect just
th0ly, and the attempt make that high ca oil
ooicus will yet recoi 90 thee nonol him for tn
courage with which he did his duty well the cain
and temperate manner IN which lie perol med IT, am gla
be yet remains among remarkable for his hon
ored length of years. end his eminent public services,
for the rectituGe OF bis private life that he may be jus
ranked among the jiusrIOus Americans of day
propose make this OF the President valid whou
making defence Of IL either legal constitutions
g sounds. What would be the effect In thus approving
what the President has done in the past you invite
do the like future and the Jaw the country will Ii
PROSTATE the IF the Executive. and his d cretio
he may substitute the military for judicial authority
Again, MIR President although there few OF her
who the view of the Constitution by this right whc
advocating to-day, trust will not, any
cumsances fail pro in temperate but aaguag
call the attention of the Senate briefly other
against which protest in the OF the Constitution
the people represent OF have practically martial LAY
all this land The houses of private citizens are
ed without of law. he right of the citlz u
bear is rendered nugatoy by Their being taken
!, them without Judicial process and upon suspicion
Individuals seized without legal warrant, inpr
oned.
The other dy, since Congress met military officer
Baltimore appointed Marshal for that city. Will any
defend the act? Does it not override all other law? Is
not substituting the rule Of military commander for h
appoint marshal for the city of Baltimore than be had
appoint pastor for OF their congregations pres
dent for one of their banks The Constitution guards tn
people against any without of judicial
horty Has not the President Of the United States by
broad sweeping act laid his hands upon tee private
responder OF the whole community Who defends it
conormable to the Constitution
> told sir and if had the power would offer RI
solution to inquire into it, in the of the public be
tes1 told that at this moment. in the Jail in this city
there individuals who have been taken by military
cannot get out and in instances they
ly been forgotten was told of instance where ma
put in jail here and forgotten His friends made sppl
cation at of the Departments they looked
and found nothing against him. and he discharged
But in the rush OF events the of this
and the cause Of his imprisonment, forgotten We
this joint resolution to approve these and
them valid, but cannot make them valid in fact.
- know that Congress, in the exercise of its egsatiy
functions, appropr ate money, but it has expel
ded by the President without law But wha
unconstitutional act he may have committed cannot
cured by JOINT resolution 1t stands there and will stan
forever Nor this Congress prevent succeeding Coz
gress from holding any officer of the Government respons
BILE Tor violation OF The Constitution. enumerate w
regard the usurpaons OF the Executive and again
which wish record the protest of those who are unW
ing the Constitution subverted whatever pr
text necessity, or otherwise.
Mr. B. then enumerated the several acts in the reso
ton which he had referred. These great fundament