Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-07-26
By MCLANAHAN s. DILL.

thOTues from Maryland ana OtLeF oJdttBi ana
new he here and can not get out, and in some
instances they have actually been forgotten.
was told Of one instance where man was
put m lail here a, d forgotten. His fiiends
made application at one Of The departments,
and they looked into the case and found
nothing against him, and he was discharged.
But, in the rush OF events, the very existence
Of this man, and the cause Of bis impTison-
ment, was forgotten. We may have this Joint
resolution to approve these ac-s and make them
valid, but We cannot make them valid in fact.
know that congress, ia the exercise Of its
legislative functions may appropriate money,
bat it has been expended by the president
without warrant OF law. But whatever uR-
constitutional act he may have committed can
not be cured by joint resolution It stands
there, and will stand forever. Nor can this
congress prevent succeeding congress from
holding any officer Of the government respon-
sibie for A violation. I enumerate what / re-
gard az the UsuTDations Of the executive, and
against which I wish 10 record the protest Of
those who are unwilling to see the cOnstitU-
ton subver-sd, under whatever pTeteXt, neces-
sitY, OF otherwise. Mr.. B. then re-enumerated
the several acts in the resolution to which he
hairefeTred. These great fundamental rights,
SIR, TIE sauctitV of which is The measure OF
I progress and civilization, have been tTampled
under foot by the military, and are being now
/ tramp.ed under foot every day iR the presence
Of the two houses Of congress, aud yet so
/ great on one side is the passion Of the hour,
! and so astonishing the stupid amaZement Of
the other, that we take it as natural, as right,
! and a. Of course. We are rushing, sir, and
with rapid strides, from a constitutional gov
srnment into a military despotism. The con-
s'itution says toe freedom Of speech and Of
the press shall not be abridged, yet, three days
ago, ia the city OF ST. Louis, a military officer,
| with four hundred soldiers-'bat was his war
! rant-weIt into a newspaper Office in that
! city, removed the types, and declared that the
! paper should be no longer published, and gave,
among other reasons, that it was fabricating
reports injurious to the q S. soldiers IN Mis-
souri,. Is there a Senator here, citizen Of this
land, VINO viii say that The slightest color OF
authority exists on the part Of a military Off
Ger for deprivny q citizen Of liberty or prop
erty without warrant ct law, or, to suppress
the freedom of the press And we are told by
the same dispatch, that the prOprietors of the
paper submitted, sDd intended to make an sp-
peal. To whom To the judicial authorities
No, sir. But to Major General Fremont,
when be should reach S.. Louis. The civil
1 authorities Of The country ere paralized, and
practical martial law is being established al
over the land, The like never happened in
this country before, and it would not be toler-
ated in any country in Europe which pTetends
/ to the elements eff civilization and liberty.
George Washington carried the thirteen colo
MES through the wars OF thr Revolution with
ont martial law. The president Of the United
States could not conduct the government three
months without resoring to it. I presume
every Senator has read tie OPINION Of the chief
Justice, to which have referred. shall con-
tent myself with reading a few extracts, to
present my opinions on the subject. Mr.. B.
read from the closing part Of Jrdge= Eaney's
opinion. Thus the president has assumed the
legislative and judicial powers, which, in every
age has been the evidence OF despOtism, and
be exercises them to-day, while we sit in the
senate chamber, and the other branch Of the
legislature at the other end Of the capitol.
Mr.. President, what is the eXcuse-what is
the Justification, necessity? | answer, first,
there was no necessity. Was it necessary to
preserve the visible embiems Of fed
ersl authority here, that the southern
coast should have been blockaded? Did
not the same neceSsiy Y exist when con-
gress, at the last session, refused to pass the
force bin? Was it necessary TO The existence
of the UHion, till congress should meet, tEat
powers not conferred BY the constitution should
be assumed Was there necessity for over
running fhe State Of Missouri? Was there a
necessity for raising the largest army ever
assembled on The American continent, and for
collecting the largest feet ever assembled in
an American haTbor? Congress may deem it
was necessary, in contemplation Of A pro
trscted struggle for the preservation Of the con-
stitutjon and the CHjon. What I mean to say
is that there was none Of that ovprruling neces-
sity for the present preservation which may
apply to usufpstions Of he constitu ion In
the ease Of The man in MARYLAND who was
confined so long n Fort McHenry, was there
any necessity of coUf4ing him, inste OF
turning him over to the civil authorities?
The chief charge was that weeks before
be bad been concerned in reasonable acts.
Was not the judicial authority there to take
charge of him, and If convicted, 70 punish himf
IF there was necessity In the present state Of
AFFAIR.", and congress in session ere then what
long necessity we have before US and impend
ing over rs. Let congress approve and ratify
these acts. and there may occur a necessity
which uil Justify the president in superceding
the law in every State in this Union, and
there will not be vestige Of civil authority
left to rise against this usuTpati9a OF military
power. But deny this doctrine of necessity.
deny that the president Of the United States
mFy violate the constitution upon the grosnd
Of necessity. The doctrine is utterly sNbver
sive Of the constitution. Il substitutes the will
] Of one man for a written cons itutiOn. The
government Of the United States, which draws
1 its life from the constitution, does not rest
upon an implied consent. Il res s upon an
express and written consent, and the govern
ment may exercise sucl powers and such only
/ as are given in this written form Of govern
mcut. The people of these States conferred on
this agent Of theirs Just such powers as they
/ deemed necessary. All others were retained.
/ The constitution was MADE for all contingent
| cies-for peace and for war: and they con
! fsTred ali the power they deemed necessary,
/ and more can not be assumed. II the powers
be not sufficient, still none others were granted,
I and none Others can be exercised. Will this
be denied? Is the idea 10 be advanced that all
| constitutional questions are 10 be made subor-
dinats entirely to the opinions and ideas that
may prevail at the hour with reference 10 po-
ltical unity? It has been held heretofore, and
/ J thought it was automatic, and received by
the world, that the terms Of the constitution
Of the United States were the measure Of pow
er on the one side, and Of obedience on the
other. Let US ts Ike care how we establish a
principle that Under any presumed stress Of
circumstances, powers not granted may be as
sumed. Take care and DO not furnish an ar
gumenf to the world and history that it shall
not respect that authority which no longer re-
spects its own Limitations. These are few
Of the reasons that will control my vote
against this resolution. / hope it will be
voted upon, and if l. should receive a major
ity, as I fear it will, it will be an invitation to
The president Of the United States, in the ab-
sencs Of al legislation, to do the like acts
whenever, in bis opinion, it NAV be necessary.
What will be lhs effect Of it in Kentucky ami
Missouri, and everywhere? In his discretion
be will feel himself warranted in subordinat-
ing the civil to the military power, and
to imprlson citizens without the warrant
Of law, and to suspend the writ Of
habeas corpus, and establish martial law,
to make searches and suppress the press:
and TO do all those acts which rest on the
will and authority Of a military commander.
In my judgment, if we pass this, we are
upon the eve Of putting, 90 far as wa can, IN
the hands Of the president Of he United States
the power Of a dictator. With such a begin
ming as this, what are we to expect in the fu-
iure? When we see men imprisoned within
o -. -. -..-L .-.L.--...