Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1862-02-28

uiiS Dul Nv L ItSlltllb iIlUtDlty Ill MS lICS
sage to Congress in july;
a Is it better to assume powers, the ex
: ercise of which shall violate portion o
the Constitution, rather than allow the
whole to be destroyed 2" and the country
come to the paradoxical conclusion that il
was his duty, as President, to violate tho
4 Constitution in order to preserve it.
trust that | have as much respect fol
that instrument as any man in the House
and it is because | would not have its au
thority over any portion Of the Union i'm
paired that | am bold in the exercise OF
power under it, But would construe it
in the light of the rule authoritatively =
announced for our action ''The Sabbath
was made for man, and not man for the
! Sabbath"
1t is well known that Mr.. Clay rested
his support OF the second bank upon a
caluse granting Congress . the power to
make all laws which shall be necessary
and proper for carrying into effect the
powers" expressly granted by the cigh-
teenth article. The great patriot of the
West, in time of profound peace, was dis
posed to consider the financial question of
such magnitude as to place a law, calling
into being u iisctl agent, among those
which were "neeessary and proper. =
With how much more force can we, stu
ated as it were amid the dying agonics Of
the Republic of our fathers, acting, as
many wise men believe, as the last Con-
cress which, uuler the Constitution, shall
represent the whole country, claim that
all power which, under any circumstances
could be exercised by the Representatives
of the people should be used now.
The gentleman from Kentucky (MR.
MENsIEs1 was wrong in supPosing the ac-
ton of Davis and his confaderates had
given us no new power. 1t gives us the
same power that the action Of an inccndi-
airy who fires my house bestows upon the
fire department, who may enter and use
what they will for cxtnguishing the
flames, aud even destroy adjacent build
ings if necessary to prevent their spread
Ing anl the destruction of valuable prop
crty; actions which had otherwise been
trespass become legal and in the highest
degree praiSeworthy.
| have HIGH respect for the motives
OF gentlemen wao discover 50 many cons
tltationa! objections to contemplated ac-
ton; but for myself, | have concluded
that Whatever has tendency to furnish
means to suppress this rebellion, and at
tords reasonable probability Of hasten
ing the consummation Of what all loyal
men 50 much desire, is perfectly constita-
tional. Nothing but an absolute prohi-
bltloa would prevent me from adopting
measure which answers these conditions.
| will never renler to my people as i
reason why | voted against such meas
urc that doomed It unconstitutional, nor
will assist this Congress IA Frosialmlna
to the world anI Sand'n1 down to poSterl-
+ the lack OF constitutional power as a
reason tor failing to enact any Law winch
Will have tenda4aE to preserve this Tn
ION. Ihis Is 10 time Ior tAs exercise Of
thin constitutional padantry. bet US act
boldly AMI toTei5I, and SO discharge the
high and solemn duty imposed u9on Us IN
limte!y better than ii We shfua< trom
action under fear Of constitutional scru-
pies.
Nor neei We fear that wat W DO viii
be used as dangerous precedent, for the
circumstances WaIch form our Jlstmca-