Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-03-05
which has been so familiar to US in our
achoal. how DAYS. QM0alsdne tandem n1,s

which has been so familiar to US in our
sehool.boy days" Quousque tandem a6u
.tere, Catalina, pdtse7st:a nostra ~ How ]
wished there could have been at that time
upon this floor some American Senator to
pour out upon the head of those rebels q
lava stream of patriotic indignation. But
no voice of rebuke Was heard; and these
men, after resigning their seats in the Sem
ate for the avowed purpose of linking their
fortunes with rebel States, were allowed to
depart from this Hall with the triumphant
air of conquerors, and to receive without
interruption the congratulations of their
friends.
Now, will any man tell me that the
trainers of the Constitution OF the United
States did not mean to confer upon some
department of the Government the power
of preventing the consummation of such
purposes as those2 Why, sir, if score
of mer in the city of Washington had
been arrested by order of the President
of the United States, and had been kept
in confinement until the storm had blown
over, in all human probability this rebel
lion might at that time have been crushed.
And yet gentlemen who insist that this
power can only be exercised by Congress,
will be obliged in candor to admit that for
such an emergency as that of which l
have spoken it would have been wholly
imperative. Could bill have been in
troduced into Congress at that time for
the purpose of suspending the privilege
OF the writ of ha5eas corpus in the case Of
those conspirators, almost every one of
whom was member of this body9 How
absurd, it seems to me, is the idea that
this power is one which can by possibility
be exercised by the legislative power. A
conspiracy like this, having its ramifica
tions in so many different States, will
always be likely to include a portion of
the members of both Houses of Congress :;
and then how impossible would it be for a
bill to be passed in time to produce any
effect, supposing Congress to be in session
when the rebellion breaks out. But let
it once be settled that the legislature alone
can exercise this power, and depend upon
it that rebellion will never break out
when Congress is in session.
In this point of view, sir, it does seem
to me matter of infinite importance that
this question should be settled upon true
constitutional grounds; and that if it s
AOoAiy pOVSi POSoCoSCd Wy WIG L
it should be SO understood. Gentlemen
sometimes appear to be afraid to meet
this question. 1t seems to be imagined
that this power is too large and dangerous
8 power to be conferred upon the Presi-
dent of the United States, while it is ad-
mitted at the same time that it may safely
and wisely be conferred upon Congress !;
and there are those who, in, justifying the
recent arrests made by the President, pre-
fer putting themselves upon the ground of
what is called martial law, or the military
power of the President, rather than upon
this clause in the Constitution. | confess
that view the matter in an entirely diff
terent light. If the power be dangerous
power, then | say ii is better that it should
be conferred upon the President than Con
gress because the executive power of
our Government must be conceded to be
the feebler power of the two. There new
er, perhaps, has existed in any other Gov
ernment so feeble an executive as that
which we have, whereas the power of
Congress is immense. AS Montesquieu
said with regard to the British constitu-
ton, if the liberties of England were ever
destroyed, it would be by Parliament, so l
think it may be said with regard to this
country, that if our liberties are ever des-
tined to perish, it will be by the power of
Congress. and not by that of the Presi-
dent.