Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-07-24

Mr.. B. then re enumerated the several acts in .
the resolution, to which he had REFERRED. These .
fundamental rights, sir. the sanctity of which is
the measure of progress and civilization, have (
been tr4mple1 under foot by the milit ,ry and are
being tramped under foot every day in the .
presence of the two Houses OF Congress and 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, 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. in tho city of st.
Louis, military officer with four hundred SOL
dlers-that was his warrant-went into a news
paper Office in that city, removed the types,
and declared that the paper should be no
longer published, and gave, among other rea-
sons, that it fabricatng reports injurious
to the United States soldiers in Missouri Is
there Senator here. citizen of this land, who
will say that the slightest color of authority ex
lists on the part of military officer for deprivng
citizen of liberty property without warrant
of law, or to suppress the freedom of the press!
And told by the same dispatch that the
propnetors of the paper submitted, and intended
to make appeal. To whomI To the judicial
authorizes? No, sir. But to MAJOR General
Fremont, when he should reach St. Louis. The
civil authorities of the country paralyZed and
practical martial law is being established all
the land. The like never happened in this
country before, and it would not be tolerated i'm
any country in Europe which pretends to the ele-
ments of civilization and liberty. George Wash
ington carried the thirteen colonies through the
Of she Revolution without martial law. The
President of the United States could not conduct
the Government three months without resorting
to it. / presume every Senator has read the
opinion of the Chief Justice to which have re-
ferred. | shall content myself with reading few
extracts. to present my opinions on the sub ect.
Mr.. b. read from the closing part of Judge
Taney's opinion.l Thus the President has
s1med the legislative and judicial powers, and
concentrated in his hands the executive, le ,isla-
tive and Judicial powers, which in every age has
been the very evidence of despotisn. and he ex
ercises them to day, while we sit in the Legisla
ture at the other end of the Capitol. Mr.. PreSi
dent, what is the excuse-what is the Justification,
necessity | answer, first, there no necessity.
Was 1t necessary to preserve the visible emblems
OF Federal authority here that the Southern
coast should have been blOckaded2 Did not the
same necessity exist when Congress, at the last
session, refused to pass the Force bill? Was it
necessary TO the existence of the Union, till Con.
gress should meet, Tat the powers not conferred
by the Constitution should be assumed? Was
there necessity for overrunning the State of
Missouri? Was there q necessity for raising the
largest army ever assembled ON the American
collected in an American hsrbor! Congress may
deem it was necessary in contemplation of pro-
tracted struggle for the preservation of tho Con
stitution and the Union. What / mean to say is
that there none of that everything necessity
for present preservation which may apply to usur-
pations OF the Constitution. In the case of the
man in Maryland who was confined so long in
Fort McHenry, was there any necessity of confin-
ing him instead of turning him over to the civil au
he rhi Of oh 4 hiatt ha
fore he had been concerned in reasonable acts
Was the judicial authority there to take charge
of him, and if convicted, to punish him? If there
I was necessity in the present state of affairs,
and Congress in session here, then what
long necessity We have before us and impend
ing over US. Let Congress approve and ratify
these acts, and there may occur n necessity which
will justify the President in superseding the law
in every State in this Union, and there will not
be vestige Of civil authority left to rise against
this usurPation of military power. But i deny
this doctrine of necessity. | deny that the Pres
dent of the United States may violate the Con-
stituton upon the ground of necessity. The
doctrine is utterly subversive of the Constitution
1t substitutes the will of one for a written
Constitution. The Government of the United
States, which draws its life from the Constitution
does not rest upon implied consent. IL rests
upon express and written consent, and the
Government may exercise such powers and such
only given in this written form of govern
ment.@ 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 conferred
all the power they deemed necessary, and more
can not be assumed. If the power be not suff-
cient, still none others were granted, and none
Others can be exercised Will this be denied2 Is
the idea to be advanced that all Constitutional
questions are to be made subordinate entirely to
the opinions and ideas that may prevail at the
hour with reference to political unity? 1t has
been held heretofore, and / thought it was axio
matte. and received by the world. that the terms
of the Constitution of the United States were the
measures of power on the one side, and of ODE
dience on the other. Let us take care how we
establish a principle that. under any presumed
stress of circumstances. powers not granted may
be assumed. Take care and do not furnish an
argument to the world and history that it shall
not respect that authority which longer respects
its own limitations. These are few of the
reasons that will control my vote against this
resolution. i hope it will be voted upon, and if
it should receive a majority, fear it will, it
will be an invitation to the President of the United
States. in the absence of all legislation to do the
like acts whenever, in his opinion il nav be nee
essary. What will be the effect of il in Ken
lucky. and Missouri, and every where? In his dis
cretion he will feel himself warranted in subor-
dinating the civil to the military power, and to i'm
prison citizens without the warrant of law and to
suspend the writ Of haLeas corpus and establish
martial law, 10 make searches and suppress the
press, and to do all those acts which rest on the
will and authority of n military commander. In
my judgment, if We pass this. we are upon the
eve of putting, so far can. in the hands of
the President of the United States the power of a
Dictator With such beginning this what are
we to expect in the futurer When we see men i'm
prisoned within hail of the Capitol without war
rant and Congress in session and the paraly
zed and Congress rising in protest indignant
terms against it we NAV well be filled with gloomy
forebodings for the future What may we
expect except line of conduct in keeping with
what has been done? Is this a sontest to pre-
serve the UnonI If SO, then il should be waged
in a Constitutional manner Is .he doctrine to OBJ
tain that provinces are to be entirely subordinate
to the idea of political unity? Shall the rallying
cry be the Constitution and the Union, or are we
prepared to say that the Constitution is gone but
the Union survivesf What sort of Union would
it be? Let this principle he announced, and let
us carry on t.is contest with this spirit winking
at or approving <he violations of this scared in
strument and the people will soon begin to in
qure what will become of our liberties at the end
of the experiment. The pregnant question for
to decide is, whether the Constitution is to be
respected in this struggle or whether we are cal
led upon to follow the flag over the ruins of the
constitution? believe, without questioning the
motives of any, the whole tendency Of the pres
ent proceedings is to establish government
without limitations, and radically to change our
frame and character of government. was told
the other day by distinguished American that
many Americans abroad, when asked about the
present condition ofthngs here, said, I'VE thought
your federal government rested on consent, and
how do you propose to maintain it by force?''
Often the answer would be, at was intended to
rest on consent, but it has failed. 1t is not
strong enough. and we intend to make it strong
enough, and to change the character of the gov
ernment and we will give it all the strength we
deem essential without regard to the provisions
of the Constitution, which was made some eighty
years ago, and has been found not fit for the pre-
sent condition of affairs" | think il is well that
the attention of the country should be called to
the tendency of things. / know there are
thoughtful. conservative men-thousands of men