The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1862-12-17

raction of them into the Executive
Chamber in times like this, when no man
Knows what and who his neighbor is, and
when all must confess the country is, or
was trembling on the verge of ruin. Now,
sir, if | am right, let us look at matters
a little literally. Does anybody doubt
the patriotism of the PRESIDENT Does
the Senator from Delaware (Mr. Souls
buty,) or his colleague Chr. Bayard)t or
the Senator from Kentucky (Mr. Powell)
undertake to say that in all his acts he
has not been governed by what, in his
own view, was for the good of this coun-
try and for the suppression of the rebel
lion, or that he has wilfully violated any
private rights, in opposition to his own
belief that it was absolutely for the pub
lie good? Do they make that charger
i have not understood it to be made from
that point. We have not heard from any
point we have not heard from anybody,
that there has been any wilfal disregard
of the rights of citizen by the Presi-
dent, and there seems to be little mis-
take as to what the duty of the President
really is. The President did not take an
oath to support the Constitution. He
takes an oath to protect, preserve, and
defend the Constitution" These are the
words. Ordinarily all the other officers
of the Government take an oath to sup
port the Constitution. But / shall not
be put in the position of saying that
therefore he has a right to violate it. l
say no such thing. What | do say is
this, that it is paramount duty to pre-
serve, protect and defend the Constitu-
ton, and if an occasion arises when in
order to protect, preserve and defend
thatgreat instrument, without which the
Union dies, he is compelled in his judg-
ment to violate the rights of any individ-
ual citizen for a time, can any one sup
pose that he ought to hesitate for single
instant in doing so2 know gentlemen
appeal to that clause Of the Constitution
which says no man shall be deprived of
life and liberty or property without due
process Of law, and they infer that when
the President arrests man without due
process of law, that he is depriving him of
liberty. Granted: but suppose in his
judgment and the judgment of all other
men, the time arrives when some of the
individual rights of the citizen should be
the instrument itself, is it not the duty of
the President at once to take that step?
think no man will dispute that
put the question to my honorable
friend from Kentucky Mr.. Powell who
is one of the most amiable and best-na-
tured men in the world, should Judge,
what would he do in case, if there was
no other mode in which he could prevent
the commission of great crime, which
would be deadly, perhaps, to the nation
itself; and after time, in which my
friend exhibited great skill in fencing,
he pretty much said he would not do
such thing if he was President /
would not vote for him for President.
Let me put another question. You have
no right, as a private man, to deprive
any other man Of liberty But suppose
you had good reason to believe that one
of your neighbors intended to murder
another, and there was no other way tc
prevent it, would you not put the strong
hand upon him, without due process o.
lawP
Mr. Powell--Does the Senator want OIL
answer now2 ... r..
Mr.. Fessenden-The Senator can d.
as he pleases s,,-v1-s
Mr.. POWELL can't tell precisely wha
l would do If thought man wal
about to assault Senator, / would keel
close to him, and if saw any intimatioI
of it, 1 would seize him if l had tn,
power, and would even kill him befor,
l would allow him to kill Senator
Mr.. Fessenden-I think the Senate
would venture little further, and if b.
had stout rope, think he would ii
him upon his own responsibility. Mr.
then contended at some length that N
one could believe that the President wa
not honest in his motives, that the pee
pie of the country did not believe ii, an
that it was his duty to act upon his be
lief when the life of the nation was a
stake. He referred to the case of tn
arrest of the Legislature of Maryland
and said no one but believed they in
tended, if possible, to take the State GU
of the Union. .
Mr.. Kennedy (Opp) of Maryland
There never has been any evidence {
. any such intention from that day to thi
Mr.. Fessenden-That is the very poir
at which l was aiming--that everybod
believed it, although there might be n
strictly legal proof of such intention.
Mr.. Kennedy--But they were release
afterward, and no proof made.
Mr.. Fessenden-That was because Il
time had gone by when they could {
any such injury. 1t might not, perhap
be uncharitable to suppose that Senate
who bring these resolutions in here vii
more to call attention to those thin
than especially to relieve the individu
mentioned Has any one made inqui
of the President as to his reasons for Ii
arrest2
Mr.. Salisbury said he had made inql
ries why the State of Delaware had be,
so treated. He did not think there wou
be any use in persons on that side of t
Chamber making any inquiries.
Mr.. Fessenden said that, so far as
observation went, the gentlemen on th
side of the Chamber had quite as mu
influence with the President as any o
else. The President, in his amisbil
and his great desire to do justice and
kind to everybody, has gone SO much
ward the other side as to lean very mu
over backward. If the Senator \
Salisbury has not applied for Il
information, then it looks as if Il
resolution was brought in here 81