The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1862-05-03

he could not unite the South tho tariff started he
prstsAt OF slavery and put forth tho doctrine that
sgrctsive. dsmsnded compromise and CONCESSIONS
Bat this idea passing tho IDEAS Of such
as Washington aud Madison are returning. He believed
if Calhoun had.besn tried aud executed treason We
sho Id have hsd no Rebellion now. Con. jackson when
on his death ved told his physician hat the act OF his
administration Tor which posterity would condemn him
was, that II was prevailed on him not TO prosecute and
hang John c. Calhoun.
Mr.. WADE, (ropJ OF OhioIt my int ention sir,
TO gay woro. But the persons who believe with me,
and who viii probably vote with me for this BILL lave
been as lied rs having no rcsrcot for the constitution
and We have been read lectures from every side Of this
Chamber as to our oogaous TO preserve tina, constitu
tou til seems TO ROMAN silent under these
slant charges would DO srt coaseat that such
position AIN not unrnndfu thai WI en- took my seat
this loor raised my hand 10 God and swore pre-
servo mat consttuo ion, and bso,e am just as mind
ful as these who lecture lis or this subject SC often.
This Is time Of srrogan, assumption on the other SIDE
that they are the peculiar friends u the constitu-
ton, and that we on this Side unmindful o. our
obligations ! do net believe there Is anything ia
ihis bill that contravenes ore word syllable Of
that constitution Iagrec that the defence OF that great
palladium OF our freedom u the most duty that
aay man can lie UNDER aud am Inc last who viii
willingly violate any OF its Obligations. But the gentle.
men who oppose this bill seem not 70 agree nj all 1,
what points il is Institutional. We told by tho
Senator from Illinois fsir. Mownns) that this govern
meh has "a much Usr to suppress treason and 10 main
tain its Authority as WY government on the face CT
Ged & earth, and hc'ovs IT, The only question is
whore Dies this authority odgeY He contends that it is
altogether III the President; that the moment is de-
cucd the President is despot I'D with irresponsible
power TO do Just what hs ,hks the nacesst.e, OF tho
government require. Now, SIR more dangerous
med By any man. IL is altogether anonna
lous, end not al Ill in harmony with any ether
right did that il wcs necessary to maintain the
constitution we might conscse property and procscd
hang ard toxic the life every rebel No doubt that
is sound But wLo chali exercise this powerY fcn't
krov that tho Senator from Pennsylvania (Mr Cowan)
cononcg that there l. not power Of s,lt dorencs
whore the constitution equal 70 its srvaton Does
that hammered uy this
that cannot defend itY
Mr. CowAs (rep.) Of Pal believe the power in tho
President IS full and ample TO do anything necessary
think he Is absolute despo against tho rebels. and
has right TO do any thing and everything TO suppress
the rebellion, which ID warranted b. tho rules Of cyiiz
oil war.
Mr. wAos-I glad to hear it, for did not know but
the senator believed there was somewhere limit in
maintaining the constitution, where Must o down
passive and inert for fear that shall violate the
stit,oB. an CAD to boar that ssch absurdly has
not taken Judgment il the brain Of senator Then
sir the whole great controversy indies down 70 this
where does tho power sS.s,. Where would fathcrs
IN ns Or fsrh have
their lives prevent any mans being with abso
lutte and unlimited Dowerf VIII you believe that these
who had sodulorsy srar,'e' against rrcsroEslbis
power would the monsIt Nar Has declared have armsd
tho President just hen with power 10 trsnple
down all the limitations they had estsb.ishede
There is nothing in tho constitution which
the Judgment OF any such power tho P.csi
dent. lie is Commander-in-Chief OF armies, and
that ALL Exalted to that position by tic people OF tho
United States, yhonld he &c DC their
their institutions are IN peril and thor hands be tied 60
they do nothing At alf This Is the aburdty
surprising that the creature il above The Creator
Away with such foolish doctrine.
Mr.. CowAS said Congress was Us much the creature OF
the constitution for Congress TO powers dele
gated q oil or DEPARTMENTS 81 the government
Mr.. wap-surpose all that is so. who stands nearest
hs psorle the Of Ell power we this irrcspoc
sible chief of youysf Congress hss rovcr make var
provide araiss aud defend tho country. Yet is sur
posed that the President some way outside Of Tie con
with hat Of
a dcspot unlimited, vnconirolt,bis and uncor trolee
The idea is absurd and unworthy the American Senate
say whether shali commence and continue, ard to
lay the priucipos by which 1t Eia DO governed
Kind Of clog on our constitutional rights. Does
nos every man know that it is in tho power
Of censsss 70 60 ., c0 ss TO me laws q
do it, Then why attempt to block by elirg Us that the
law Of nations aud soi It mag bo good advisory DOG
tfpe but whom is 10 put forth lipa ofour power
Is all and long better Congress l.sa made
every article Of war; and prescribe he principles
on which every prisoner may I've liberated Who DO.
licves that this great power lodged anywhere o!se is
advocate OF acspctisn and csanc be nbued with the
spiri. o. the fathers What sgslatng about II
understa The Senator from Pcnnsy lvR1ia Mr. Cowanl
in the timc Of peril like this, IN the midst & gigantic
rebellion, tho whole power Of Congress consisted in
Docs the Senator believe the Presidsls conscats
Mr. Cow,N--l believe The President under the laws or
war may take al the public property Of tho enemy and
apply 10 the mauteuarceof thu against tho rebels
He las right 70 tsSe private property only by way
,or--not establish tho rule out such
rule He has right to forfeit the title Of rebel to
real estate Congress either Ho seize personal
property military necessity.
Mr.. WADx--lhen the Senator denies that the Prssi-
dent with all hs ccSpo'c power chiuge the title
10 single article Of property lie cannot make single
rule beyond the lines OF lis military department He 10
totally poweress, and every man Who would preserve
pCre the spirit o. our free psitulrs, oua TO rrown
down this attempt TO make the President despot. de-
tho doctrine as utterly slavyb Anomalous and al
With Tree INSTITUTIONS. ~ Is hal l m
faithful the constitnticn bnt IL Is 10 ny endeayo
10 mainta in the canst tuition that shall tranple under
my feet this slaysh doctrine. don like 70 hodr H..
have heard too much ~ II already This idea of
bettcring by violated comstitu,ion that s cneel
might stab II 20 death, has been heard here before.
There is not mGn now ID the rebel States in arms
assnst the government, but what h.rls on TIE
il too short to defend itson. Tho traitors WHO
we're hefe claimed tnat NO had power -
defend the constitution; thai we must lie rig down
in our tracks, because there was no provis 10 raise
army put down this rebellion. You compel Loyal mon
in the seeded Satss 20 bccous subjects Of treason
cause yen !eaent. Y1a WOE, raise your baud
against their nGrdsrois and robbers. tFuth up 70
this hour, the in the Confederate states who have
rased their unhal,cwe strike down the nation
have been .ay by ,his government than Tho
tJuo loyal, and much Prosecuted ni-n there. IL Il =
Bsnsh upon adminlst alton aud hope 60 God ii ID
about 10 pas away forever. do not regard the BIZ
too ST. ngcnt. On ti,a contrary, IL had MY will,
would pros idc lot the ccnscatr Of pro,erty and pun.
shment Of every one "Eesa anha,o~cd sni dainnable
ambition has led lam 60 put forth his hand ~ the attsnrt
10 overthrow this government. TIE! ars guilty. VI al
the nscque o. thc.r t@rial object murGcr rob
berry ucrju and yet toidcrfooted abots these
gcatlsiucp Ihe ctnslitntion won't let take their
property You asy rob Unicp citizens and bank
r,itt your treasury 10 defcnd youiselr from their
dcspotsn but you must mol touch tho r property dli
your Golfers. say here, II you defeat this bill, II you
ii - take al tho property q these rebels end release
the property Of los j, aon SAY - yvu Gbd throus you
the public that net the nan who bas prevented
H. 10 for tho largcst forfeiture 10 for Furnishing
every who has raised his accnrscd hand 10 strike
down the tituticn CT fathers. would taLo
property roieva The loyni men Of he North ard souta
TO ndtmn than, would ccnfscstc the property, yea
to tho dollar &C hese scoun3rcs and he that will
No. Go it, lri him meet me before masters, the
pcople. II ] wrLns, they viii undoubtedly re-
mind mo oil it; but II IL right and just,
aud demanded ~ tire eNigcnclss q the times |
trust shall stand Justified. And, sir, do much
like the arguments Of some Of my trieuds.hat shall
not set ythhls by this hin. if We true g. our
selves and execute " fl.tbmly, shall dnd property
Sufficient 20 Indemnity thc loyal nan for nearly all tho
expense Of this uuhcly H. viii bo poor indemnity
for Ito precious blood u or young Men who hay boon
compelled to 20 forth 10 the battle field ny tho scqun-
drcls They lie in their graves a enial of ~ Just men,
and rnouincd ~ their country some mon Ms willing