Year: 1861

and yet SO great on one side is the passion
of the hour, and so astonishing the stupid
amazement of the other, that we take it as
natural, as right, and as of course. We are
rushing, sir, and with rapid strides, from
constitutional government into military
despotism.


The Constitution says the freedom of
speech and of the press shall not be abridged,
yet, three days ago. in the city of St. Louis,
military officer with four hundred soldiers
that was his warrant-Wcnt into a news
paper Office in that city, removed the type,
and declared that the paper should be no
longer published, and gave, among other
reasons, that it was fabricatng reports in
furious to the United States soldiers in Mis-
souri,. Is there Senator here, citizen of
this land, who will say that the slightest
color Of authority exists on the part of
military officer for depriving citizen of
liberty or property without warrant of law,
or to suppress the freedom Of the press p
And we are told by the same despatch that
the proprictors of the paper submitted and
intended to make an appeal. 10 whom?
to the judicial authorities? No, sir. But
to Major General Fremont when he should
feacn St. Louis.


The civil authorities of the country are
paralyzed and practical martial-law is be-
ing established all over the land. The like
never happened in this country before. and
it would not be tolerated in any country III
Europe which pretends to the elements of
civilization and liberty. George Washing
ton carried the Thirteen Colonies through
the war of the Revolution without martial
law The President of the United States
could not conduct the Government three
months without resorting to it. [ presume
every Senator has read the opinion of the
Chief-J Justice to which I have referred. [
shall content myself with reading few ex
tracts, to present my opinion on the subject.
Mr.. b. read frem the closing part Of Judge
Taney's opinion.


Thus the President has assumed the le-
t gislative and judicial powers, and concentra
ted in his hands the executive, legislative
and judicial powers, which. in every age has
been the very evidence Of despotism; and
he exercises them to-day, while we sit in the
Senate chamber, and the other branch of
! the Legislature at the other end Of the capt.
tol. Mr.. President what is the excuse
what is the justification, necessity? an
swer, first, there was no necessity. Was it
necessary to preserve the visible emblems of
Federal authority here that the Southern
coast should have been blockaded? Did
not the same necessity exist when Congress,
at the last session, refused to pass the Force
bill? Was it necessary to the existence of
the Union, till Congress should meet, that
powers not conferred by the Constitution
should be assumed?


Was there necessity for overrunning the
State of Missouri? Was there necessity
for raising the largest army ever assembled
on the American continent, and for collect
ing the largest feet ever collected in ain
American harbor? Congress may deem it
was necessary ia contemplation of protrac-
ted struggle for the preservation of the
Constitution and the Union. What [ mean
to say is, that there was none Of that over
ruling necessity for present preservation
which may apply to usurpations of the Con-
stitution. In the case of the man in Mary
land who was confined so long in Fort Nc
Henry, was there any necessity Of conGning
him instead of turning him over to the civil
authorities?


The chief charge was. that weeks before
he had been concerned in reasonable acts.
Was not the Judicial authority there to take
charge of him, and if convicted, to punish
him ?? If there was necessity in the pre-
sent state of affairs, and Congress in session
here, then what long necessity we have
before us and impending over us. Let
Congress approve and ratify these acts. and
there may occur necessity which will JUS
tify the President in superseding the law in
every State in this Union, and there will
not be vestige of civil authority left to
rise against tins usurpation of military pow
er. But deny this doctrine of necessity
[ deny that the President Of the United
States may violate the Constitution upon
the ground of necessity.


The doctrine is utterly subversive Of the
Constitution. 1t substitutes the will of one
man for written constitution The Gov
ernment of the United States, which draws
its life from the Constitution, does not rest
upon an implied consent. 1t rests upon an
express and written consent, and the Gov
ernment may exercise such powers and such
only as are given in this written form of
government. The people Of these States
conferred on this agent of theirs just such
powers as they deemed necessary. All 9TH
ers were retained. The Constitution was
made fer all contingencies peace, and
for war; and they conferred all the power
they deemed necessary, and more cannot be
assumed. If the powers be not sufficient,
still none others were granted, and none
others can be exercised Will this be denied
| Is the idea to be advanced that all consti-
tutional questions are to be made subord-
nate entirely to opinions and ideas that may
prevail at the hour with reference to politi-
cal unity? 1t has been held heretofore, and
[ thought it was automatic and received by
the world, that the terms of the Constitution
of the United States were the measure of
power on the one side, and of obedience on
the other. Let us take care how we estab-
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