The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-02-15

oral denartments. This amendment snort
and comprehensive, is Is follows:
ARTICLE K
.sr,. roxara not delegated to the United States
hssths institution, nor prohibited oy !. 70 the
rates are reserved to the states respectively, OF
to the people. 81
Nav. sir, in our. form of government, as
we'll as in q monarchy, there is somewhere
existing the principle which we may term
sovereignty Does it exist IN our form o.
government in the executive NO. In the
legislative department! No. In the judi
ciary? No. In all combined? No, but
in the people, and all these departments of
government can exercise righttully and con-
sti,utionally only such powers as the people
have granted or delegated to them IN the
constitution, which should be the rule and
guide in the exercise of power tor each and
all of Them Il
But. sir, why have we three instead of one
ldepartment in our government? Without
having time to read or quote the text, | will
refer to eminent authors, among them Story
and other commentators on different parts
of the constitution, showing the house that
these vested powers in these three depart
ments were so diffused under limitations
and restrictions in the constitution as TO con-
stitu,e guards of the liberties of the people
against the invasion or ursurpation OF power
by which their liberties would be endangered
if they were under monarchy, where one
mans authority or power alone nils the
place of the executive. legislative, and judi
cial departments as existing In our form of
government.
1t was well remarked the other day by my
colleague (Mr. Marshall that it is the the
ory of our government so long as any one of
these departments remains true to the peo
pie and faithful to the constitution, just so
long will the individual citizen have guar
antee for his liberty against any ursurpation
by either or both of the other departments.
Now, sir, with that statement of the inter
probation of the constitution, which | think
is fair, that it is one of delegated powers to
each of these departments of the govern
ment, let me ask the question, What is the
framework of the bill now before the house
Is it to extend the limit of the executive
power? No; but to restrict it within mar
rover bounds than the constitution defines
and expressly grants. Furthermore, it linz
its and circamscribes the bounds of action
of the judicial department of the govern
ment and, in proportion as it trenches up
on the powers of the two, II assumes to ex-
tend beyond constitutional limits the author
ity and power of the remaining or legisla
tive branch ofthe government
In the first section of each of the several
articles of the constitution creating these de-
partments of the government, 1t is provided
that the power in each direction shall rest in
that department. AS for instance, the COM
prehensive language of the constitution in
article one, section one, is that
IAN legislative powers herein granted shall be
vested in a congress of the United States, which
shall consist of a senate and house of representa-
tives."
BY what authority can we pass an act TO
change the Legislative power and delegate it
TO the judicial or to the executive depart
ment? That language is no more clear
and explicit than is the language of article
of another department of the government
"The executive power shall be vested in Pres
ident of the United States of America
And of article one, section three, which
prescribes and vests the judicial power in
another, by the following words of express
grant:
"The judicial power of the United States
shall be vested in one supreme court and in such
inferior court. the congress may from time
to time ordsin and establish
poses to nullify that section OF the constitu-
ton which places in the hands of the Presi-
dent OF the United States the executive
power of the nation. 1t proposes in indirect
terms, but in fact, to repeal that clause which
says that he shall be COMMANDMENT chief of
the army and navy. And how do gentle
men attempt to answer that statement? The
best argument have ever heard came from
the distinguished gentleman from Pennsyl-
vania Mr.. Stevens who admitted with all
candor-and | admire his candor-that in
| these reconstruction acts he did not consider
| himself limited or bound In his action by
| the constitution, but that he was legislating
| outside of it.
| But other gentlemen, his associates. see
| fit not to make that candid admission, but
| claim nnder various clauses of the constitu.
| ton some degree of authority for the meas
| ure which is now under consideration. And
| what is the first? will refer to them briefly,
and give my views on the subject IF / am
correct in the views which entertain of the
constitution, it falls far short of giving any
such power.
Among the powers delegated TO the
congress of the United States is the power
to make all laws which shall be necessary
and proper for carrying into execution the
FOREGOING powers, namely, the power rela-
ting to the army and navy, the militia, the
establishment of uniform rules of naturali-
cation, and various subjects enumerated; but
last of all it SAYS, land all other powers
vested by this constitution in the government
of the United States and in any department
or officer thereof
Now, what power is vested by the consti
tuition in any department of the government
so far as the command of the army is con-
cerned? Where By this instrument does
that power rest? The instrument expressly
SAYS that the President of the United States
shall be, not commander, but the com
mander ia-chief of the army and navy of the
United States. But gentlemen say they
have right by legislation to provide for car
rying into execution these powers. True,
but are they attempting in this bill to carry
into execution that power which is granted
to the president as commander in chief? Not
at all, but they are limiting that power. A
distinction might be drawn here between
| the right of carrying into execution given
power, and the right to destroy, paralyze or
limit that power as vested By the constitu-
| ton. But as that clause has been sufficiently
| commented upon by my learned and eloquent
| friend from Indiana Mr.. Kerr this after
noon, propose to refer very briefly to an
other.
he constitution in another place, in this
| same enumeration of the powers of congress,
90 " hn