The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-07-18
s P E z G. II
OF THE
HON. JOHN G. BRECKINRIDGE,
DELIVERED IN THE U. S. SENATE,
oN THE 16TR DAx OF JULY. 1861.

= Il Y l.
Mr.. Breckinridge (Dem-, Ky.) proceeded to sneak
at length In opposition to the resolution He said nm
dtr ordinary circumstances he might content him
sell SIMPLY with vote, but he thought il re-
/ CURED to give expression to his views J,was
! p'oposedby resolution to declare the acts OF the
! President approved. The resolution on its face
seems to admit that the of the President were
h"t performed IN accordance with the Constitution
| ana laws 1t that We're the case then he would be
| giad 70 nave some reason assigned, showing the
power or congress to indemnify the President for
/ breach OF the Constitution. H. denied that one
praGch oi the Gnvernment can indemnify pubIic
"cers In another branch for vioIs ton of the Com
! stitutinn ard laws. The powers conferred on the
Government by the peopl" Of the States are the
measure ot Its authority. These powers are conf
| ded in different departments and their boundarias
are determined The President has rights and
powers conferred, and the Legislative Department
Its powers aud the Judicial, Department its no.ers
ana ne cehed that either cncroach on tn q
other, or indemnify the other for usurpations of
the powers contided BY the Constitution.
congress has no more right to make constitu-
tl"nal the unconstitutional acts of the President
than the President to make valid the act of the Sn
preme Court, encr0aching on ther Executive power
or OF the supreme Court to make valid an act of the
Executive encroaching the Judicial power
Inc resolution substantially declares that Congrsss
may add to the Constitution or take from II i, .
manner not provided by that Instrument; that her
pare maJ1ritF can by resolution make that consti
'"'''hHl n"ICh Is unconstitutional by he
same authority. So in whatever view tte
power granted by this resolution is utiarlv sinh
Vefsive OF the Constitution. 1t MIGHT hc ,yeu
to ask it the President had assumed power mt
c.n,erred. lie should conine himself to the acts
enumerated IN the resolution, acts which he de-
clared to be HSurpations the part of the Execp
i've; ana so tar from approving the acts he tbought
TINS high officer should be rebuked by both houses
of Congress. ~
The President has Just established blocksdas
here is the clause 10 the Constitution which an
thorlzes it? The last Congress refused to cnnrer
authority, and by what authority did the presi
geht 90 lt after they refused? The Constitution
declares that Congress alone have power to dacIara
war; yet the President has made war In tho last
session the Senator from Illinois (Douplasl deliv
ered speech on the 18th of March, which he
Would read. He then read an extract of NJ
Douglass speech, declaring that the President had
No right to make a blockade at New Orleans or
Charleston, more than at Chicago He aIqo road
1r"m ,nan speech OF Daniel Webster, delivered in
1882, declaring that Gan. Jackson had no rirbt IN
blockade Charleston. He said he aporovad The ssn
timents uttered by these eminent statesmen. who
were formerly regarded as sound and thought The
.l'ne nau again come when 1t would not be thought
treason to IN lintain them
The resolution proceeds to approve the act of the
PRESIDENT, enlisting men for three and five wears
ny what au hnritV # the Constitution and law has
he done this? The power is not in the Cons,itn
non, nor granted bv law. Therefore it must be il
legal and unconstitutional. Again the President
by has own will has added immensely to the Army.
whereas the Constitution says Congress alone have
power 10 raise armies. He has also added IN The
Navy, against the warrant of the Constitution :
These acts not defended on constitutional or le
gal grounds, and he pronounced them usurpatinns
rms resolu ion goes to recte that the President
has suspended the writ of habens cornuo and pro
poses to ratify and make that valid
We have great deal of talk about rights-the
rights OF States, the rights of individuals and some
o. them have been said to b. shadnwy and imagip-
ary; but the right of eveIy citizen to ha arrested
only by warrant of law, and bis right to have his
body brought before jud cial authoritv in order
that the grounds of that arrest may ba Differentiated
on is real right. There can be no DISPUTE abput
that 1t is the right Of rights to all high. low.
rich or poor. 1t is especially the right of that class
winch his Exceilency the President calls plain
people. 1T is right, the respect for which ;e q
measure ot progress and civilization. 1t is right
that has been struggled for fou rht for guarded bv
laws, and backed up in constitutions
To have maintained it by arms to have suffered
Tor 1t, then to have it established on foundations so
lmmutable that the authority of the SOVEREIGN
could not shake it, is the chief gOry of the British
people, from VIII ON derive it. In EnoIand Tho
legislative power alone can suspend it. The mon
arch of England cannot suspend that rioht PM
the Trans Atlantic freem en- seem to be eager m an
prove and rahy acts which European monarch
dare not perform. 1t needs no legal argument to
show that the President cannot suspend the writ of
hdbe"s corpus. content m; self with referripr tn
the tact, that it is cassed among the rpisIativa
powers by the Constitution. And that article con.
ferrlng powers on the President touches not the
question.
NAV add that upon occasion has it ever been
asserted IN Congress, so far recoect that this
power exists on the part of the Executive On one
occasion Mr.. jefferson thought the time had arriv-
ed when the writ might be suspended but he did
not undertake to do it himself and did not even re-
commend it. He submitted it to Congress and in
the long debates which f. lowed there was INF tho
least intlnation that the power belonged to the
Executive. | then point to the Constitution and
ak Senators from what clause they dpduce rho
right, by any fair construction of the instrument
ITSELF what part confers the power on the Prasi-
| dent? Surely not that clause which enioins him
TO take care OF the Constitution and the Laws and
| faithfully to execute them. The most eminent
Commentators OF the Constitution declare it to be
| legislative right
| The opinion of the present Chief Justica which
! has never been answered, makes ell further argu
ment idle and supprhuous; aud one of the worst
! Signs OF the times Is the manner in which that
oplnion has been received. A subordinate military
officer IN Baltimore arrests a private citizen and
| confines him in a fortress. His friends gat writ
| 0. hdbeas corpus, but it cannot BE- executed The
oh'r, justice tnen gives an opinion, which is com
menoen, not only by the profession of which he is
so great an ornament but b. all thought ful men in
| the country. The newspapers of the country and
! the men excited by violent PASSIONS have drnoupc-
| ed the Chief Justice, but have not answered his
opinion. There it stands one of those productions
which will add to bis renown
The abuse of the press aud the refusal to rasnect
Just authority, and the attempt to make that high
Judicial officer odious, will yet reco on these men
DUTY as well as for thu calm and temperate manner
| in which be performed it. I am glad he vet re-
MANS among US, a man so remarkable for his hon
ored length of years, and his eminent public ser
vices, and for the rectude of his priyate life
he nay be justly ranked among the most illustrious
Americans of our day. You propose to make this
act OF the President valid without making defence
| of ii, either on legal or con$titutional yrou,d,
What would be the effect? In TINS annroy;nr
what the President has done in the past you invite
MIN 10 40 the IKE IN the future, and the law of the
| country VIII lie PROSTATE at the feet of the Execu-
tive. and in his discretion he nav suhsti,nta inc
military power for judicial authority
| Again, Mr.. President, although there are fav
OF US mere VINO take the view of the Constitution
by this right, which am advocating to-day, trust
| we VIII not, under any circumstances, fail to pro-
| test in temperate but manly language against what
we consider a usurpatiGn of the President Let me
call the attention of the Senate briefly to other
against which protest in the name of the Consti,
teton, and the people | represent. 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 their being taken
from them without judicial process, and upon mere
suspicion individuals are seized without leral
warrant, and imprisoned
Inc other dav, since Congress met, a military
oncer IN baitimore appointed a Marshal for that
city. Will any man defend the act9 Does II nnt
override all ot' er law? Is it not snbsttuti,r tho
rule OF @ military commander for the laws Of the
land? What more authority had ,bis oaf ~. ~ ~ w.
point a Marshal fo: the CITY of Rajt;a W arp
lad to appoint pastor for of their congreaa.
tiODs or a president for one of their bsntsp e.
Constitution guards the people against anv sa;zuro
without warrant of judicial authority, Has no.
the President of the United States, by one broad
sweeping act, laid his hancs upon the private cor
respondence of the whole community? Who de-
tends it as conformable to the Constitution?
| am told, sir--and if | had the power woult
offer resolution to inquire into it, in the name
the public Gberties-I told that at this mo
ment, in the Jail in this city, there are individual
who have been taken by military authorities from
| Maryland and other States, and now lie here al,
cannot get out, and in some instances they hav
actually been forgotten | was told of one instanc
: Wnere % man was put in Jail here and forgotten
= is friends made application at one of the Depart
t, ments, and they looked into the and foun
ino.png against him. and he was discharged. But
I nan INC Iusn OF events, the very existence of thi
",, anu me cause of his imprisonment were for
, n.ora a. may have this joint resolution to ap
pr, tnese acts and make them valid but we ca n
!, not make them valid in fac. 'N' NN "
4 new tnat congress, in the exercise of its lepis
oeen eApenaeo 6y the President without warrau
OF law. But whatever unconstitut;onaI az, bs na a
4 nsve o9mmltted cannot be cured by Joint rssoln
= uon' ~ STANDS there, and will stand forsvsr No
can tnis Congress prevent a succeedino Co,nra.
: from nolaing any officer Of the Goyernment rs rs