Year: 1861

of the Executive On one occasion Mr..
Jefferson thought the time had arrived when
the writ might be suspended, but he did not
undertake to do it himself, and did not even
recommends it. He submitted it to Congress,
and in the long debates which followed, there
was not the least intimation that the power
belonged to the Executive. then point to
the Constitution and ask Senators from what
clause they deduce the right, by any fair
construction of the instrument itself, what
part confers the power on the President =?
Surely not that clause which enjoins him to
take care of the Constitution and the Laws,
and faithfully to execute them. The most
eminent commentators of the Constitution
declare it to be legislative right.


The opinion of the present Chief Justice,
which has never been answered, makes all
further argument idle and superfous; and
one of the worst signs of the times is the
manner in which that opinion has been re-
ceived. A subordinate military officer in
Baltimore arrests private citizen and con-
fines him in fortress His friends get a
writ of hoJeas corpus, but it cannot be exc
cuted The sGhiafzs1a aa.atAaaa gives -;sp sap
opinion, which is commended, not only by
the profession of which he is so great an
ornament, but by all thoughtful men in the
country. The newspapers of the country,
and the men excited by violent passions,
have denounced the Chief Justice, but have
not answered his opinion. There it stands,
one of those productions which will add to
his renown.


The abuse of the press, and the refusal to
respect just authority, and the attempt to
make that high judicial officer odioHs, will
yet recoil on these men. l honor him for
the courage with which he did his duty, as
well as for the calm and temperate manner
in which he performed it. l am glad he
yet remains among us, a man so remarkable
for his honored length of years, and his
eminent public services. and for the recti-
tude of his private life, that he may be just


y ranked among the most illustrious Ameri-
cans of our day. You propose to make this
act of the President valid without making a
defence it, either on legal or constitutional
grounds. What would be the effect; In
thus approving what the President has done
in the past, you invite him to do the like in
tie future, and the law of the country will
lie PROSTATE at the feet of the Executive,
and in his discretion he may substitute the
military power for judicial authority


Again. Mr.. President, although there are
few Of US here who take the view ofthe Con
stitution BY this right which am adyocat-
ing to-day, trust we vii not, under any
circumstances, fail to protest in temperate
but manly language against what we con-
slider usurpation of the President Let
me call the attention of the Senate briefly to
other acts against which [ protest in the
name of the Constitution, and the people l
represent. You have practically martial
law all over this land The houses of pri-
vate citizens are searched without warrant
Of law The right of the citizen to bear
arms is rendered nugatory by their being
taken from them without judicial process,
and upon mere suspicion. individuals are
seized withoutlega warrant, and imprisoned.
The other day, since Congress met, a
military officer in Baltimore appointed a
Marshal for that city. Will any man defend
Is it not substituting the rule Of military
commander for the laws of the land ? What
more authority had this officer to appoint a
Marshal for the city of Baltimore than he
had to appoint pastor for one of their con-
gregations or a president Of one of their
banks? The Constitution guards the people
against any seizure without warrant of ju-
dicial authority. Has not the President of
the United States, by one broad, sweeping
act, laid his hands upon the private CORES
pondence of the whole community? Who
defends it as conformable to the Constitution?


am told, sir-and if [ had the power I
would offer resolution to inquire into it, in
the name of the public liberties-I am told
that at this moment, in the Jail in this city,


there are individuals who have been taken
by military authorities from Maryland and
other States, and now lie here and cannot
get out, and in some instances they have
actually been forgotten. [ was told of one
instance where man was put in Jail here
and forgotten. His friends made applica-
ton at one of the Departments, and they
looked into the case and found nothing
against him, and he was discharged. But
in the rush of events, the very existence of
this man, and the cause of his imprisonment,
we're forgotten. We may have this joint
resolution to approve these acts and make
them valid, but we can not make them valid
in fact


know that Congress, in the exercise of
its legislative functions, may appropriate
money, but it has been expended by the
President without warrant Of law But
whatever unconstitutional act he may have
committed cannot be cured by joint reso-
luton. It stands there, and will stand for
ever. Nor can this Congress prevent sue
ceeding Congress from holding any officer
of the Government responsible for violation
of the Constitution. enumerate what [
regard as the usurpations of the Executive,
and against which [ wish to record the pro-
test Of those who are unwilling to see the
Constitution subverted, under whatever pre-
text, necessity, or otherwise.


Mr.. Is. then re-enumerated the several
acts in the resolution to which he had refer