Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-07-24
Approval of the Acts of the President
-Sneech of mr.. RreckinridRe.


ton approving of the acts of the President was
taken up.
Mr.. Breckenridge, (opp.) of Kentucky, spoke
at length in opposition to the resolution. be
said, under ordinary circumstances he night con
tent himself simply with a vote: but now he
thought it required to give expression To hi.
views. 1t proposed 10y resolution to declare
the acts of the President approved The resolu-
ton, in its face seems to admit that the acts Of
the President were not performed in accordance
with the Constitution and the laws. If that were
the case, then he would be glad TO have some rel
son assigned showing the power of Congress to
indemnify the President for breach of the Con
stitutiOn. He denied that one branch of the gov
eminent can indemnify public officers in another
branch for violation of the Constitution and laws
The powers conferred on the government by the
people of the States are the measure of its au
thOrity. These powers are confded in different
departments, and their boundaries are determined.
The President has rights and powers conferred,
and the Legislative Department its powers, and
the Judicial Department its powers, and he de-
MED that either can encroach on the other, or in
demnify the other for usurpations OF the power
cOnhded by the Constitution. Congress has no
more right to make constitutional the unconsti-
tional acts of the President, than the President
to make valid the acts of the Supreme Court,
encroaching on the executive power, or the Su
preme Court to make valid an act of the execu-
tive encroaching on the judicial power. The res
oluton substantially declares that Congress may
add to the Constitution or take from it in man
ner not provided BY that instrument; that bare
majority by resolution make that constitu-
tional which is unconstitutional by the same au-
thority; so in whatever view the power granted
by this resolution is utterly subversive of the Con-
stituton. 1t might be well to ask if the Presi
dent has assumed powers not conferred. He
ahould cOuf1na himsalf the acts Auumerltei
the resolution. acts which he declared to be
pations OH the part of the executive; and 50 far
from approving the acts, he thought this high Of
fcer should be rebuked by both houses of Con-
gress The President has just established block
AIDES. Where is the clause in the Constitution
which authorizes itG The last Congress refused
to confer authority, and by what authority did
the President do it when they refused? The Con-
stitution declares that Congress alone have power
to declare war, vet the President has made war
In the last session the Senator from Illinois
(Douglas) delivered q speech on the 18th of
March, which he would read He then read ala
extract of Mr. Douglas speech. declaring that
the President had no right to make blockade at
New Orleans or Charleston, more than at Chi
cago.
He also read from speech Of Daniel Webster,
delivered in 1882, declaring that Gen. jackson
had no right to blockade Charleston. He said he
apprONcu sneSc ScuIlIntDls ublcfcu ny bhCSc cHli
neny statesmen who were formerly regarded rs
sound. and thought the time would again come
when it would not be thought treason to maintain
them. The resolution proceeds to approve the
act of the President enlisting men for three and
FIVE years By what authority of the Constitu-
ton and laws has he done this? The power is
not in the Constitution nor granted by law. There
fore it must be illegal and unconstitutional; ngain
the President by his own will has added immense
A. u
Congress alone have the power to raise armies.
He has also added to the navy against the warrant
of the Constitution. These acts are not offended
on constitutional or legal grounds, and he pro-
nounced them usurpations. This resolution goes
on to recite that the President has suspended the
writ of habeas corpus, and proposes to ratify and
make that valid. We have great deal of talk
about rights-the rights of States, the rights Of
individuals, and some Of them have been said to
be shadowy and imaginary but the right of every
citizen to be arrested only by warrant of law and
his right to have his body brought before a judi
cial authority in order that the grounds of that
arrest NAV be determined on, is real right.
| There can be no dispute about that. 1t is the
right of rights to all-hgh, low, rich or poor 1t
is especially the right of that class which his E1-
cellency the President calls plain people. 1t is =
right, the respect for which is mea ;ure of pro-
gress and civilization. 1t lie right that has been
rduSHicu iOTg HuaIncu bF htN5, anu
backed up in constitutions. To have maintained
il by arms to have suffered for it, then to have it
established on foundations so immutable that the
authority of the sovereign could not shake it, is
the chief glory of the British people, from whom
we derive it. In England the Legislative power
alone can suspend it. The monarch of England
can not suspend that right. But the trans Allan
tic freemen seem to be eager to approve and rati-
fy acts which European monarch dare not per-
l 7. l. Il
the President can not suspend the writ of ha6eds
corpus. / content myself with referring to tile
fact, that it is classed amoug the legislative
powers by the Constitution. And that article
comforting powers on the President touches not
the question. may add that upon no occasion
has it ever been asserted in Congress, so far rs
recollect, that this power exists on the part of
the Executive. On one occasion Mr.. Jefferson
thought the time had arriy cd when the writ might
be suspended, but he did not undertake to do it
himself, and did not even recommend it. He
submitted it to Congress, and in the long debates
which followe there not the least intimation
that the power belonged to the Executive. | then
point to the Constitution and ask Senators from
what clause they deduce the right by any uir con
structlon OF the instrument itself, what part con-
fers tie power OH the President? Surely not
that clause which enjoiIs him to take care Of the
constitution and the laws, and faithfully to ex-
of the constitution declare it to be legislative
right. The opinion of the present Chief Justice,
which has never been nswered, makes all further
argument idle and superfluOus; and one of the
worst signs of the times is the manner in which
that opinion has been received. A subordinate
military officer in Baltimore arrests private cti-
zen and confines him in a fortress. His friends
get writ of ha6eas corpus, but il can not lie ex.
ecuted. The Chief ustice then gives his opinion,
which 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
one of those productions which will add to bis re
nown. The abuse of the press, and the refusal
to respect just authority and the attempt to make
that high judicial officer odious, will yet reco on
these men. | honor him Tor the courage with
which he did his duty, well as for the calm and
temperate manner in which he performed it,
am glad he yet remains among us, a man so re-
markabe for his honored length of years and his
eminent public services and for the rectitude of
| his private life, that he may be Justly rank ed
among the most iustrious Americans of our
day. You propose to make this act of the Presi-
dent valid without making defense of it; either
on legal or constitutional grounds. What would
be the effect? In thus approving what the Presi-
dent has done in the past, you invite him to do
like i'm the future, and the law of the country will
lie PROSTATE at the feet of the Executive, and in
his discretion he may substitute the military pow
er for judicial authority Again, Mr.. President,
although there are few of us here who take the
view of tho constitution by this right. which am
advocating to-day, trust We will not under any
circumstances. fail to protest in temperate but
manly language against what we consider usur-
patton of the President. Let me call the atten.
ton of the Senate briefly to other acts against
which | protest in the name of the constitution
and the people represent. You have practically
martial law all over this land. The houses OF
| private citizens are 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 sus-
picion. Individuals are seized without legal war
rant and imprisoned. The other day. since Con
gress met, military officer in Baltimore appoint
ed Marshal OF that city. Will any man defend
the act? Does it not override all other law? Is il
not substituting the rule of military command
| or 60 tho nffh he laud1 What mora -