Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1861-08-01

Mr.. Rca was accordingly but under arrest.
Speech of Senator Lane, of Irdi-
ana, in Reply 20 Breckinridse.
M. LANE. of Indiana-Mr. President,
the ioiut resolution out Of which this de-
bate has crown is a resolution to confirm
certain acts and proclamation, of the
President of the United St,tes, performed
and issued during the recess of Congress
Gentlemen take technical objection
against the act On of the President, ami
say that he has violated the Constitution
oi the Uuted States. | remember an in.
cideut, think in Roman history, where
an African pro-consul was required TO
swear that he had not violated the laws OF
Rome. instead OF which, with upliited
hand, he swore that he had saved the Ro-
man Repuoilc. And whatsoever diil,r-
ences OF opinion may this day exist IN rel
erenee to the action OF the President, /
take it for granted that every intelligent
patriot "a the land not oniy believes, but
knows, that the President has saved the
Republic, by his energetic and patriotic
acton since the 4th OF March. | sanction
aud approve every thing that the Presi-
dent has done during the recess OF Con
greSs, and the people sanction and approve
IL, and there Is no power this side OF
Heaven tnat can reverse that Geclsion Of
the American people. | not only sane
ton al the have done, but | sanction
AL tuat they are soon TO DO. When your
victorious and conqutring columns shall
sweep treason out OF Old Virginia, when
they snail make that o.d Commonwealth
= Ii 1 resiGence for the patriotic descend
ants OF her Revolutionary fathers, shall
sanction, approve the use OF force now, at
once, mmeuiat, "; and ! would shake
tnat trutorous CommJhwcalth as with al
earthquake tread Ol Il nundred thousand
armed men.
Waat is it that the President has done
since the last meeting ul COnsre,s FIRST
he has declared blockade OF the South
ern ports; and gentlemen tell - there IS
no constitutional authority tor that Ii
is the first duty OF the Pr, sident to sec
that the laws are faithfully executed.
We have "a tariff law imposing duties upon
foreign importauons. That has been DIS
regarded by the sccediug States; they
have assumed to pass a tariff act different
from ours The law Of Congress eau not
be enforced by the ordinary course oi
procedure under your collections OF reve-
nue. at the proper ports established 10y
law. There Is no higher power ia the
/ Constitution OF the United States deiesa-
ted to the President than the power u
take care that the laws be faithfully ex-
cuted" These high and extraordinary
powers, althou- ii not perhaps technically
granted in the Constitution, result as an
iucident To the war power, which is nvo'
ked, and cOastitutiuually invoked, under
that provision OF the Constitution which
authorizes tie President to use force T.
suppress iusurrection and TO put down re
Uelnun. sanction, then, the prociama
ton establishing a blockade.
Tue next objection l. TO the declaration
of martial law, 10y which the writ OF habe
as corpus was suspended. | only re.rer
that when the writ was suspended, TIA,
corpus of Baltimore was not suspended
too. II Is necessary to the enforcement
ui the laws and the pres,r,ation OF th'
Unou that tins writ OF hd5eGs cOrBa'
! should Oe su,p end,u; and the Const.tu
tom ol the United states says, IN express
terms, II may be suspended IA case OF IL
oe.hon and usurrcct.on. Thcu the @hOi'
question comes 10 this: VINO y 10 judge
Wnere IL the discretion 10 sed} C.varl,
with the President OF the United States
and It en- be safely lodged nowhere tlse
suppose an in-urrection breaks out durn.
the recess OF Congress: the President q
sworn to uphold the law and the COn.tl
tuition; he finds armed rebellion; has Ia
no power to put it dowu} My he not u
all proper power to put dewn armed re
be!lion7 approve, then, the suspension
of the writ OF habeas corpus.
What more does the Honorable Sena
tor from Kentucky say That Genera
Washington prosecuted the Revolutions
~ war toa successful termination with
out ever suspendiug the writ of hSbes
corbus. That Is true. lie was in con
test with foreign foe-a foe recognizi /
some OF the usages II civilized and Chris
tila warfare. Here We are engaged in en
tireiy different var. where our eneuie
: are in our midst What would gentlemer
d. Suppose nv Distinguished friea