The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-12-25
NO. 40.

ing in our hands = number ofrebtl pris-
oners, and subjecting them to the treat
ment visited upon cur cOlOred soldiers in
the South. he did net think, however.
tbis alone prevented an exchange. His
reply was to that portion ofthe remirlxs
Of Mr. Davis in which be was understood
TO assert that neither Congress nor the
President bad power to Auth0r,ze the en-
istments Of persons Of African descent
into the armies Ofthe United States. he
called the attention Of the Senate 70 the
fact that the anthority Of Congress 20
suppress instruction Was the same a.
that to repel invasion, so that IL eolored
troops could not be employed to suppress
insurrectiOn, neither could they be en-
pIoyed to repel foreign invasion prop
osition that DO one could deny. The
Constitution also cOnfgrs upon Congress
the power TO raise armies. BGt Of whom
shall they be composed and how raised ?
Il there anything il ths Constitution that
rsqaie them 70 be Whitemsn, or 20 Be
raised By voluntary enlistment Nothing
at al. All this is coDhied % the dis
erection Of Congress. But again; the
power % raise armies IA cO-exiensiEe
with power 70 provide . navy. Yet no
national vessel to-day sails uEder our
flag whose crew is not composed In gres-
ter or less proportions OF e0lcrsd men.
Not enc Of the vessels that so gloriously
upheld our dag in the war Of Great Bd-
tain Was without col0red men among her
crew. The Senator justly eOntendsd
that all this bad been wrong, and our
statesmen had been mistaken Il the pO-
sitiOn Of the Senator from kentucky was
correct. As 70 the power Of ihe Presi-
dent, he called the attention. Of the Senate
to the diifereEee Of language employed By
the Constitution In defining the lsgislA-
tive and executive jurisdiction. While
the grant oflsgislalive authority proceeds
by enumeration, it is not 50 with ihatof
the executive. The Constitution simply
declares that sthe executive power shall
be vested in She President Of the United
States Of America - hence, some Of cur
greatest statesmen have held thaf, by this
single provision, AL authority Of an ex-
ecutive character is vested In Che Presi-
dent. Among other duties, he must take
care that the laws must be faithfully ex--
scuted" This includes al laws, organic
Is well as legislative. Nov, suppose in
surrection should rear It's h0rrid front,
and Congress had omitted 10 provide the
means foe its suppression might not the
Executive call On the phy sical force Ct
the country 10 volunteer is aid in exc
cutting the laws And is be limit d to the
white men of the country in making the
call? But complaint has been made
that the President has employed slaves.
Congress has given him authority 10 EN-
ploy them, and no proposition denying
their right can Be maintained.
The Senator then proceeded 10 Illus
trate his case by another great argument.
ID might be admitted, be thought, that in
the eye of the Constitution slaves are
property in those States where 50 held;
but they are persons also. Represents
ton In Congress is based on the fact that
they are persons. Though slaves. they
are men. They owe allegiance by birth,
and though the Supreme Court has do
cided that under the clause dedairg the
jurisdiction Of that court, they are not
citizens, in relation 70 other clauses Of
the Constitution IL may be far different.
They have the protection OF she Govern
ment 10 a certain extent, AZ least, sad
Why should they not contribute 10 iis de-
fence? As property, they may be taken
for pablic use, on compensation 10 the
owner being made. AS 10 compensation,
some complaints had been made, and
justly, perhaps, az the Senator thought,
II -. "a a.
had been executed By sOme agents.
This, however, should not induce him
TO hft bis voice In the SenAte, or bis
arm out of il, 10 weaken or embAfrass
ths Government In its 61,ris 20 sup-
press rebellion. When tie altt0ritg of
the Government was restored % iis full
exisn', then inquiry might and would,
be made into all such matters. As 10
the slave himself, compensation diFssied
the owner Of sll bis rights aud eosveyed
them b the public; and be hsd never
doubted that the employment Of the
slave in the military service Of she coun-
try Use faoto emaneiPatsd him. lt would
be disgraceful IL, sftsr the EMPLOY usnt
Of colored men % defend iis exislence.
this Gov5rnment sbould permit them b
rstarn to slavery. lie thanks d God they
never could bo re-eBslaved. IL gave him
pleasure 30 re0smber that when be for
mefiy had the honor Of occupying . seat
on this 4 ,or, in 1917, be declared, IN a
debate upon the subject Of slavery, that
it was wrong. As system, morally.
politically, aRd % eeialiy sc0nomically.
slavery was indsfsnsible. The peopleof
this country Wers rapidly tsconinr
wiser on this subject.
This reeapitalaiion Of the remarks Of
The Senator from Maryland viii make
any editorial comment unnscessaFy-for
his urgument is its own eminent.