The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1862-05-27
SPEECH OF
SPEECH OF
HON. B. +. WADE,
ON THE CONFIsCATION BILL,
In United States Senate, May 2, 1862.

Mr.. PRESIDENT: Ii was not my intention
to say anything in regard to this bill for the
reason that have been anxious and imra
tient that il should pass; but those who will
probably vote with me, and who take the
same view Of the subject that do. htve so
frequently been assailed in the course Of the
a,gumen. on this measure as persons who
have no regard to the Constitution Of the
country, and as being willing at all times to
break it, and lectures have been so frequ ntly
read to US from evcry side Of this Chamber on
the sscreduess of the Constitution and our
obligation 10 observe it, that to remain longer
silent under these constant charges would be
improper.
am not unmudful that when I took nv
seat on this floor l raised my hand TO God
and swore that | would observe the Constitu-
ton. believe am just as mindful of il as
those who so often lecture us on the subject
1t is an arrogant assumption on their part that
they are the peculiar friends and observers of
the Constitution, while we on this side Of the
Chamber are unmindfu Of its Obligations -
| do not believe there is anything in this bill
that contravenes one word or syllable Of that
Constitution. | agree that the defence Of that
great instrument, the palladium Of our free
dom, is the most sacred duty that devolyes on
any man who takes seat on this floor; and
| am the last man who, knowingly, would do
anything to coutravcne any Of lis provisions.
The gentlemen who oppose us 90 this sub.
ject, and who have come to the conclusion
that this bill is unconstitutional, do not agree
amore themselves as to what provisions Of
the Constitution it violates. If understood
the Senator from Illinois, Mr.. Browning, be
bolos that this Government has as much pow
er TO suppress treason and to maintain its au.
thority as any Government on the face Of
Gods earth, and | believe him. The only
question then is, where is this authority lodg-
edi He contends it is altogether in the Pres.
deut of the United States; that the moment
war is declared the President is despot, arm
ed with irresponsible power TO do just what
he thinks the necessity of the occasion re.
quires. A more dangerous construction Of
that instrument could not he conceived. 1t
is altogether anomalous; it is not in harmony
with any provision Of the Constitution, or the
spirit of our institutions. | suppose the rights
Of war do invest this Government th all
the power that is nect ssary to maintain itself
in tact. The Senator from Illinois, il rec.
olloct him Alright, and he is an excellent law
yer, said that If it were necessary to maintain
the Constitution, We might not only forfeit
and confscate the property Of the rebels, but
take the life OF every man Of them. Yes, sir
| know we can. A Government, in the last
resort, shorn Of these great rights, would stand
ut the mercy of pirates and assassins who
might conspre to destroy it. No doubt that
4 l,,, bo l.,
is, who shall exercise the poweri | do not
know that even the Senator from Pennsylva-
MIA Mr.. Cowsn contends that there is no
power of self defence somewhere lodged in the
Constitution equal to its preservation under
.ny emergency. Does he suppose that we
are somehow fctlered by the Constitution 50
that we cannot defend it!
Mr. CowAN. believe precisely as the hon.
os5le Senator from Illinois Mr.. Browning
does | think the rover is in the President,
full, ample, to do everything that is necessa
~, and | think that he is an absolute despot
As against the rebels. lie has the right to do
anything and everything necessary to sup.
press tie rebellion that is warrantable by the
law OF civilized war.
Mr.. WADE. l am very glad to hear it, sir,
Senator's argument, that be did not believe
there was somewhere some limit by which we,
who inieud to maintain the Constitution, must
lie down inert, defenceless, and allow rebel.
lion TO triumph lest we should violate some
provision Of that instrument in attempting It's
defence. am glad to hear that such an ab
surdity has not taken lodgment 10 the brain
of The Senator. though l am sorry to hear
that the President can under any crcumstan-
ces lie despot.
Then, sir, the controversy dwindles down
to this: the power exists, but where is il odg.
edf Where would our fathers, in estst Iish-
ing the frees. Government on Gods earth, he
likely to lodge III In the irresponsible pow.
er Of one man, called a President9 Was it
not the labor Of their lives 10 prevent any
mans being armed with absolute, unlimited
power! DO you believe that those men who
80 sedulously guarded against irresponsible
power everywhere, would, the moment war
was declared, when the exigencies Of the
Government were such that irresponsible pow.
er in President might endauger our insllu.
,ions, arm him with the power 10 ,rampee all
the limitations they bad established for liber.
ty under his fe II There is nothing in the
Constitution that warrants you in saying this
power is in the President lie is the Com.
mandcr.in Chief Of your army and navy, and
, holds that exalted position by the consent Of
the people Of the United States. He is their
creature and agent; but, according to the ar
gument Of some Senators, he can assume to
be their master, and when their institutions
are imperiled their hands are tied, and tn
can do nothing! The stsurditv is 10 placing
the creature above the creator; 10 placing the
man, who by the Constitution is the agent Of
the people, above the people and above Con-
gress. Away with 30 slavsh doctrine
Mr.. CowAs. Will the Senator allow me
to ask him question:
Dir. WADE. Yes, sir; as may as you
please.
Mr.. CowAS. Is not Congress, as much rs
the President, the creature and agent Of the
people! Are there not in the Constitution
powers delegated to tho President that we're
not delegated TO Congress; and powers dele.
gated to the Judiciary that we're not 1eega
ted to Congress' Would it not be viola
ton OF the Constitution If the one were to
usurp the powers which are expressly given to
the otheri
NJ. WADE. Suppose ali that to be so, who