The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1861-08-08


is commended, not only by the profession of which
he is so great an ornament, but by all thoughtful
men in the country. The newspapers of the
country and the men excited by violent passions,
have denounced the Chief Justice, but have not
answered his opinion. There it stands, of
those productions which will add to his renown
The abuse of the press, and the refusal to respect
just authority. and the attempt to make that high
judicial officer odous, will yet recoil on these men,
l honor him for the courage with which he did his
Guty, as well as for the calm and temperate man
ner in which he performed it, You propose to
make this act of the President valid without ma
king defense of it, either on legal or constitu-
tiOnal grounds. What would be the efIectl In
thus approving what the President has done in the
past. you invite him to do like in TN future, and
the law of the country will lie PROSTATE at the feet
of the Executive, and in his discretion he may
substitute military power for judicial authority.
Again Mr.. President, although there are few OF
Us here who take the view of the constitution by
this right. which am advocating to-day, trust
we will not, under any circumstances, fail to pro-
test in temperate but manly language against
what we consider usnrpation of the President.
Let me call the attention of the Senate briefly to
other acts against which protest in the name of
the constitution and the people represe t. You
have practically martial law all over this land The
houses of private citizens searched without
warrant of law. The right of the citizen to bear
arms is rendered nugatory by theil being taken
from them without judicial process, upoi. mere
suspicion. Individuals seized without legal
warrant. and imprisoned. The other day, since
Congress met, Il military officer il Baltimore APP
pointed a Marshal OF that city. Will anv man de-
iend the actl Does il not override all other law
Is 1t not substituting the rule of military com
mander for the Laws OF the landl What more a,l-
thoriy had this officer to appoint Marshal fo- the
city of Baltimore than he had to appoint pastor
for one of their congregations, or a President for
one OF their banksl The Constitution guards the
people against any seizure without Il warrant of
judicial authority. Has not the President of the
nited States, by one broad, sweeping act laid his
hands upon the private correspondence of the
whole community Who demands it conform
able 20 tne Constitution told, sir-and if
had the power would offer resolution to in
quire into it, in the name of the pablic hbcrates-
! am told that at this moment, i'm the Jail in this
city, there are individuals who have been taken by
military authorities from Mary land and other
States, and now lie here and cannot get out, and
in some instances they haze actually been forgot
tea. was told OF one instance where man was
put in Jail here and forg Dten. His friends made
! application ut one of the Departments. and they
looked into the case and found nothing gain.r
him, and he discharged. Blu: IN the rush o
r events, the very existence of this man, and the
cause of lnS imprisonment, was forgotten We
may pass this joint resolution to approve these
acts and make them valid, but we can not make
them valid in fact. know that Congress, IN IN,
exercise of its Legislative functions, may appro
: pirate money, but il has been expended bv th,
: President witlio warrant of law. Bat hatcver
unconstitutional act he NAV have committed car
not be cured by joint resolution II stands there
1 and will stand forever. Nor can this Congress.
prevent succeeding Congress from holding an,
officer of the Government responsible for a vio
lation Of the Constitution. | enumerate what
/: regard as the usurpations OF the Executive anc
against which wish To record the protest of thos,
= who unwilling to see the Constitution sub
verted. under whatever prctext necessity or other
I wise
! Mr.. b. then enumerated the several acts il
= the resolution, To which he had referred. 1hes,
: fundamental rights. sir. the sanc,ity of which i
{ the measure OF progress nd civilization, hav,
i been trampled under loot by the military and arr
: being trampled under foot every day in th
+ presence OF the two Houses Of Congress, and We
D great side IL the passion of the hour
y and so astonishing the stupid amazement of tn
j other, that take it as natural, right, and a
of course We are rushing, sr. an with rap,
strides, from constituti nal government into
= military despotism. The constitution SAYS tlr
e freedom of speech and of the press shall not b.
I abridged, vet three days ago. in the city of 81
: ous, military officer with four hundred soldiers
a that was his warrant, went into newspaper OF
flee in that CITY, removed the types, and declare,
5 that the paper should be no longer published am
gave, among other reasons, that il was fabricain
d reports injurious to the United States soldiers il
Is Missouri l. there Il Senator here. citizen o
g this land who will say that the slightest color u
= of authority exists the part of military Office
Ia for deprvng citizen Of liberty or property with
4 the press And we told by the same dispatc
l. that the proprietor OF the paper submitted, an,
J. int ended to make an appeal. To whom To tn
: judicial authorities No, sir. But 10 Maio
Il General Fremont. when he shoad reach st Louis
IS The civil authorities Of ,he country are paralyscd
g and practical martial law il being established al
= over the land. The like never happened in thi
r country before and IT would not be tolerated in an
e coantrr il Europe which pretend, to the element
Is of civilization and liberty. George Washiugto
carried the thirteen colonies through the war Of th
e Revolution without martial law. The Presidcn
"a Of the United States could not conduct the Go,
it ernmcnt thr months without rcsoring to il.
presume every Senator has read the opinion of tn
e Chief Justice - which have referred. I contcn
~ myself with reading few extracts, to preseit m
N opinions on the subject. MIR. B. read from IN
N closing part Of Judge 1'apcy's opinion Thu
m the President has assumed The legislative and ia
Iicial nnvcra and al HE Al,