The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-07-17

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Individuals are seize without legal warrant ami ina.
nisoned The other d. ~, since Congress met military
officer in Baltimore az pointed marshal Of tina, city
| VIII any defend ne aef Does II not overice all
other awY Is not SUBJ is aad w. Wb rule Of military
had this officer to appoint marshall FOR tho city Of Bal
more than he had to appoint pas,p o one o. their ooa
gregaton or president OF their banks? The cnst
tuition guards he neope against my seizure without war
rant of judicial authority Has ol inc irs'1eht OF the
United States by broad swee. ing act lad his bands
uDon the private correspondence inc woie COMM
ntyr Who demands il, as eonforma PIE 10 the Cnsttu.
ton am told Strand if | had inc power wonid
offer resolution to inquire into it, in INC hhnf ~ INC
public bertes-I am told that at this ohn ~ she JAIL
III this oy there in liVdoals who Na'e 9en taeD
by military authorities from Maryland ma other states,
ana now nc here ana canao, get OUT an ~ liz "a
stances they have actually been forgotten was tpt
orgotch Ills friends made application at one Of ias
Departments, and they looked into the and FOUR;
nothing against him, and he was discharged Bn' ~
INC rush OF events, the very existence al ms
man, and the cause Of his Imprisonment was
forgotten We may have this joint resolution to ap
prove these acts and make them valid, but We can
not mako them valid in fact. know that Con
gress, IN the exercise OF it's legislative functions,
may appropriate money but it has been expended
by the President without warrant Of law. But what
] ever unconstitutional act no may have committed
cannot be cured by joint resolution. II stands lhere
and will stand forever. Nor this Congress prevent
succeeding Congress from holding any officer of the
government responsible for violation Of the consti
| tuition l cnnmerate what regard the rsurpations
of the Executive, and against which wish to record the
protest of those who are unwilling 10 see the constitution
wise Mr.. b then reenumerated the several atcs in
the resolution to which he had referred These great
fundamental rights Sir the sancty of which il the
sure Of progress and civilization, have been tramped
under foot by the military and are being trumped
Houses of Congress and yet so great on one side
is the passion Of the hour and so astonishing
tho stupid amazement of the other, that we take
1t rs natural, as right and as OF course We
are rushing Sir and with rapid strides from a
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. the
city of st. Louis, military officer with four hundred
solders--that his warran--went into a newspaper
Office in that city, removed the types, ana declared
that the paper should be longer puhlished gave
among other reasons, that it was fabioating reports
injurious to tho United States soldiers Missouri Is
there Senator here citizen Of this land who viii
say that thu slightest color Of authority exists on the
part o. military officer for depriyng ctzo. Of lib
erty property without warrant Of law t. sup
press the freedom of the press And old BY the
despatch that the prupetOrs o tne paper submit
It'd and intended TO maxi AN appea, - whom To the
Judicial aushoritiesg NJ sir Bu to Major General FIRE.
mont whom he should each St. Louis The civil autior
tics Of the country are naraz and practical martial
law is being established all over the na The like never
happened in this country before ard ~ would not he
orated in any country in Europe wc pretnds to the
elements Of civilization gn liberty George Washington
luton without MARTA law. lhe pr,s,aent Of IN.
United states could conduc, the ove,auan three
months without resortas tcit Irglssna every sen
have referred I shall content myself W n adm
few extracts to present my cyaijns OF the sua eoS
AIr g. road from the closing part o. Ju1gn Ilnoy't
opnion Thus the pres lo.t has ass med he Ies;,s.
tive and judicial powers a. d ,.rat,i Ia his hsndx
the executive legislative gnd ildi,,, powc;s ,yli5s
in every age has been til, very evidence Of desnol
and he exercises them to day, yhe WE sit il. tn
Senate sg't,, Chamber, and ths o:sr era4sl Of tbs
President what is the exclsa-ylat tho jstidcat,on
necessity answer Grst there VS. no n.cSssit- Wa
il necessary 10 presnrye the si.o cmlers Of tcirsi
Authority hery that the ou,h4, co. shea Ina SO bsea
blocka.ei? nd not the same s.o1.y exist wien con-
grcss at the last session refused to m. the Force LH
Mas i necessary 10 the existence Of tho I'M Con
gress Should meet that powers not conferred by ts co.,
overrunning the state of Missouri Was there nec.r.;
ty for raising the largest army ever assembled on the
American continent and for collecting the largest feet ever
collected in an American harorp Congress NAV deem n
was necessary in contemplation of protractad strug.
Gle for the preservation of the constitution and the Uni
on What mean 10 saw is that there WAS nots of that
ororru,pr nnoesi, for present preseryatn VIII IN NAV
apply to usurpaoIs Of the constitution In the case Of
the man in MARYLAND who was confined 80 pg IN FORT
McHenTy. was there any necessity Of conln Ing him In
stead Of turning him oyer TO the civil auhori.lcs The
chief charge was TINT weeks before he had bson con-
G. rncd in tre asonble acts Was not the judicial an.
tlory there to take charge OF him. and il convicted
to punish him? If there was necessity in tho present
State Of affairs and Congress in session here then
what long necessity wa have before us and Iapcxd.
ing over us Let Congress approve and ray these acts
and there may occur a necessity which will Justify the
President supcrsedng the law n,cvery State in this
Union, and there will not DO vcstgc OF civil
nv power But DENY this doctrine Of nccCsitv dcnv
that the President of the United States NAV violate
ootrn utterly snbversvs OF the consno me
substitutes tho will of Que man for written conettn
ton Tho government of tho United States which drnvu
its life from the constitution docs not rest upon an i'm
Piled consent Il rests upon an exprcss and written con-
sent. and the government may exercise such powers
and such onIy AZ arc given IN this written form 81
government The people OF these States conferred IN
his agent Of theirs lust such bowers as thew deemed
nrcessarv An others we're retained The corstts
ton was made for all Observation-Disclosures ,,esce a.
for vr,r. snd thav conferred ali the vcwar thav
deemed necessary and more cannot he assumed n
the powcrs he not suaicient still none otnsrs 1.ers
granted and none others car be exercised win thte
be deneds Ia the idea 70 he advanced tha, aI nonst
tutiona questions are to be made subordinate entirely
to the opinions and ideas that may prevail at the hour
heretofore and thoeht Il was automatic and received
y tho world that the terms of The Constitution OF tbe
United states were the measure of power on the one
side and of obedience on the other Let us take care
how we establish principle that under any presumed
stress of circstances powers not granted mar be a.
sumcd Take care and do not furnish an argument To
the world and history that it shall not respect that au
,hor;tv which no longer resnccts ts own iirrtat,ons
These arc few Of tho reasons that viii control nv